How to Get Trademark in India: Complete Guide

A trademark is a unique sign, symbol, word, logo, or a combination that distinguishes your goods or services from others in the market. Registering a trademark in India not only protects your brand but also gives you exclusive rights to use the mark and take legal action against infringement.

What is a Trademark?

A trademark can be a word, phrase, logo, symbol, design, or a combination of these that identifies and differentiates the source of goods or services of one party from others. In India, trademarks are registered under the Trade Marks Act, 19995.

Benefits of Trademark Registration in India

Exclusive Rights: Only the owner can use the trademark for the registered goods/services.
Legal Protection: Enables you to take legal action against infringement.
Brand Value: Builds trust and reputation in the market.
Intangible Asset: A registered trademark is an intellectual property asset that can be sold, franchised, or licensed.

Step-by-Step Process: How to Get Trademark in India

1. Trademark Classification

Classify your trademark according to the NICE Classification System, which has 45 classes (1–34 for goods, 35–45 for services). Proper classification ensures correct protection scope for your brand3.

2. Trademark Search

Before applying, conduct a comprehensive trademark search on the official Trademark Registrar Website to check for similar or identical marks. This reduces the risk of objections and increases the chance of successful registration53.

3. Filing the Trademark Application

You can file the application online via the Controller General of Patents, Designs and Trademarks website or manually at one of the five Trademark Registrar Offices in major cities. The application (Form TM-A) should include details like the applicant’s name, address, trademark representation, class, and description of goods/services15.

4. Payment of Fees

Pay the prescribed government fee based on the number of classes and type of applicant (individual, startup, small enterprise, or others)3.

5. Trademark Examination

The Trademark Registrar examines the application for distinctiveness, legal compliance, and similarity with existing marks. If objections arise, you may need to respond in writing or attend a hearing to address the concerns2 34.

6. Publication in Trademark Journal

If accepted, the trademark is published in the Trademark Journal for public opposition. If no objections are received within 4 months, the registration proceeds24.

7. Registration and Certificate

After the opposition period, if unopposed, you receive the trademark registration certificate. You can then use the ® symbol with your brand24.

Documents Required

Soft copy of the trademark/logo
Proof of claim (if used in another country)
Power of attorney signed by the applicant
Details of the applicant (name, address)
Description of goods/services and class15

Duration and Renewal

A registered trademark in India is valid for 10 years from the date of application and can be renewed indefinitely every 10 years by paying the renewal fee2.

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Conclusion

Registering a trademark in India is a crucial step for brand protection and business growth. By following the outlined process-classification, search, application, examination, publication, and registration-you can secure exclusive rights to your brand. Ensure all documents are in order and respond promptly to any objections for a smooth registration experience. For professional help, consider consulting a trademark agent or legal expert15.