Trademark Registration in India with CORPMATE

You can register a business name, logo, tagline, product name, or distinctive packaging. The mark must be distinctive and not identical or deceptively similar to an existing registered or pending trademark in the same class.

Uncontested applications typically take 12-18 months from filing to certificate. If the Registry raises an objection or a third party opposes your mark after publication, the process can extend to 24 months or longer. You can use the ™ symbol from the day you file, without waiting for the certificate.

The trademark registration process in India involves a trademark search, filing an application (Form TM-A), undergoing examination by the Registrar, and publication in the Trademark Journal. If no oppositions are filed within four months, the mark is registered. This process generally takes 6 to 12 months and provides 10 years of protection.

The government fee is ₹4,500 per class online for individuals, DPIIT-recognized startups, and Udyam-registered MSMEs, and ₹9,000 per class online for companies, LLPs, and other entities. You must submit the correct supporting certificate (identity proof, DPIIT certificate, or Udyam certificate) in the applicant's own name to claim the lower rate.

Yes. You can file a device mark (logo only), a word mark (name only), or a combination mark (both together). Most businesses benefit from registering the word mark first, since it offers the broadest legal protection, and adding the logo separately if budget allows.

India follows the Nice Classification system with 45 classes — Classes 1-34 for goods and 35-45 for services. Filing in the wrong class means your registration won't actually cover your real business activity. CORPMATE provides class advisory with every application.

You can file in multiple classes under one application if your mark is identical/very similar. We guide you on optimal class‑selection.

An objection is common and not the same as rejection. The Registry issues an examination report citing the specific concern (such as similarity to an existing mark or lack of distinctiveness), and you have 30 days to respond with a legal reply and supporting evidence. Objection reply support is included in CORPMATE's service.

No two businesses can have the same or deceptively similar trademark in the same class. However, the same name can exist in different classes if they serve completely different industries.

Yes. A trademark registered in India provides protection across every state and union territory. Separate international filing (including through the Madrid Protocol) is needed for protection outside India.

Yes. Corpmate serves clients across India in Delhi‑NCR, Mumbai, Bangalore, Pune, Ahmedabad, Jaipur, Chandigarh, Ludhiana, Amritsar, Jalandhar, Faridabad, Ghaziabad, Nagpur, Surat, Indore, Lucknow, Hyderabad, Chennai, Kochi, Kolkata, Patna, Bhopal, Coimbatore, and more.

No, company registration and trademark registration are not the same. Company registration creates a legal entity under the Ministry of Corporate Affairs (MCA) to conduct business. Trademark registration protects your brand identity—such as logos and brand names—under the Trademark Registry, preventing others from using similar marks in the marketplace.

In India, you should ideally trademark both. A **brand name (word mark)** offers the strongest protection by covering the text regardless of its design. A **logo (device mark)** protects the specific visual arrangement. If budgeting, prioritize the brand name first, as it provides broader legal exclusivity against competitors using similar names.

To check if a brand name is taken in India, search the IP India Public Search portal for existing trademarks and the Ministry of Corporate Affairs (MCA) portal for registered company/LLP names. It is essential to search across relevant trademark classes and check for phonetically similar names to ensure legal compliance.

A phonetic search in trademark India identifies pending or registered marks that sound similar to your proposed brand name, even if spelled differently. Using the 'Phonetic' filter on the IP India portal, it helps prevent rejections based on the 'Rule of Phonetic Similarity,' ensuring your brand is distinctive enough to avoid consumer confusion.

Yes, you can restore an expired trademark in India within one year from its expiration date. You must file Form TM-R along with the prescribed renewal and restoration fees. Beyond this one-year window, the trademark is permanently removed, and you must file a fresh application to regain rights.

The primary difference in India is the subject of protection: a **trademark** protects brand identifiers like logos, names, and slogans used in trade, while a **copyright** protects original creative works like literature, art, and music. Trademarks prevent brand confusion, whereas copyrights prevent the unauthorized copying of creative expressions.

Yes, it is illegal to use the ® symbol in India without a valid trademark registration. Under Section 107 of the Trade Marks Act, 1999, falsely claiming registration is a criminal offense punishable by up to three years in prison and a fine. Only the "TM" symbol should be used for unregistered or pending marks.

To register a trademark for a private limited company, you must provide its Certificate of Incorporation, a signed Power of Attorney (Form TM-48), and the company’s PAN card. Additionally, you need the brand logo/name, identity proof of the authorized director, and, if applicable, a User Affidavit with evidence of prior use.

The main difference between TM and ® in India is registration status. Use the **TM symbol** for unregistered marks or pending applications to claim ownership. Use the **® symbol** only after the Trade Marks Registry officially grants a registration certificate. Using ® without registration is a legal offense.

While you aren't legally required to have both, it is highly recommended to use both trademark and copyright for a logo. A trademark protects the logo's identity and use in commerce, preventing brand confusion. Copyright protects the specific artistic design of the logo as a creative work. Together, they offer maximum protection.

Yes, if you want full protection — they cover different things. Company or LLP registration creates your legal business entity under the Ministry of Corporate Affairs. Trademark registration separately protects your brand name, logo, or slogan under the Trademark Registry, preventing others from using a similar mark in the marketplace.