TRADEMARK REGISTRATION
| Basic | Advance |
|---|---|
| ✔ TM Application Filing | ✔ TM Application Filing |
| ✔ TM Objection Reply | |
| ✔ TM Hearing | |
| ✔ Professional Consultancy | |
| Add-Ons | |
| ✔ Logo Design | |
| ✔ Logo Documentation |
Trademark Registration
Trademark Registration in India – Complete Guide at Bharat eFiling Point
Introduction to Trademark Registration in India
A trademark is more than just a name or logo—it represents the identity and trust of your business. In India, trademark registration is governed by the Trademark Act, 1999, and it provides legal recognition and protection to your brand elements, such as words, symbols, designs, or combinations that distinguish your goods or services from others in the market.
At Bharat eFiling Point, we offer comprehensive and affordable trademark registration services tailored for startups, SMEs, and established enterprises. Our expert team ensures seamless assistance—from initial search to filing and post-registration compliance.
Benefits of Trademark Registration in India
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Exclusive Brand Ownership
Registered trademarks give you the exclusive right to use your brand identity in connection with specific goods or services across India. -
Legal Protection Against Infringement
A registered trademark enables you to take legal action against unauthorized use or imitation of your brand by competitors. -
Brand Recognition and Goodwill
A trademark helps build brand value, reputation, and customer loyalty, making it easier to scale your business and win consumer trust. -
Valuable Business Asset
A registered trademark can be sold, licensed, assigned, or franchised, adding tangible value to your business portfolio. -
Foundation for Global Protection
Your Indian trademark can serve as the basis for international trademark filings under the Madrid Protocol if you plan to expand globally. -
Marketing Edge
A unique trademark becomes a strong marketing tool, helping your brand stand out in a saturated market.
Steps for Trademark Registration in India
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Trademark Search
Conduct a comprehensive search on the Trademark Registry database to ensure the proposed mark is unique and not already in use. -
Select the Right Class
Trademark registration requires classification under specific business categories. There are 45 classes based on goods and services. -
Documentation
Prepare necessary documents including identity proof, business registration proof, logo/image of the trademark, and power of attorney if applicable. -
Filing the Application
Submit the trademark application (Form TM-A) online with the required documents and fees. -
Examination by Registry
The Trademark Office examines the application to ensure it complies with legal requirements. Objections (if any) are raised at this stage. -
Publication in Trademark Journal
If accepted, the trademark is published in the Trademark Journal for public objection. If no opposition is filed within 4 months, the process moves forward. -
Trademark Registration Certificate
Upon successful completion, the Registrar issues the registration certificate, granting exclusive rights to the trademark owner.
Compliance and Maintenance of Trademark in India
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Validity: A trademark registration in India is valid for 10 years from the date of application and can be renewed indefinitely.
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Renewal: You must apply for renewal within 6 months before expiry to avoid surcharge or removal from the register.
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Use Requirement: The trademark must be used actively. Non-use for 5 consecutive years may result in cancellation.
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Watch and Monitor: Regularly monitor for infringements and file oppositions when required.
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Assignment & Licensing: A registered trademark can be assigned or licensed legally for commercial benefit.
Trademark vs Patent vs Copyright
| FEATURES | TRADEMARK | PATENT | COPYRIGHT |
|---|---|---|---|
| What’s protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of protection | As long as the mark is used in commerce. | 20 years | Author’s life span+ 70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |
Documents Required for Trademark Registration in India
For trademark registration in India, the required documents vary depending on the type of applicant, such as an individual, sole proprietor, partnership firm, limited liability partnership (LLP), company, trust, society, or statutory body. Here is a comprehensive list of documents required for different types of applicants:
For Individual Applicants or Sole Proprietors
- Logo or Trademark Copy (optional): In JPEG or PNG format, preferably black and white, size 8×8 cm.
- Form TM-48: Authorization form for a Trademark Agent/Attorney to file the application on behalf of the applicant.
- Proof of Identity: Voter ID, valid passport, or other government-issued ID mentioning name and date of birth.
- Address Proof: Aadhar card, valid passport, or valid driving license.
- Digital Signature: Required for signing the application form.
- Trademark Entity Documents: If the trademark is a word in a vernacular language, an English translation must be attached. For logos, designs, or sounds, a soft copy is required.
For Business Entities (Partnerships, LLPs, and Companies)
- Partnership Deed or LLP Incorporation Certificate: For partnerships and LLPs.
- Company Incorporation Certificate: For companies.
- Identity Proof of the Signatory: For the authorized person filing the application.
- Address Proof of the Signatory: For the authorized person filing the application.
- Udyog Aadhar Registration Certificate: If applicable, for small enterprises.
- Trademark Representation: A clear representation of the trademark.
For Trusts, Societies, Statutory Bodies, and Others
- Trust Deed or Registration Certificate: Proof of the existence of the organization.
- Identity Proof of the Authorized Signatory: For the person authorized to file the application.
- Address Proof of the Authorized Signatory: For the person authorized to file the application.
Common Documents for All Applicants
- Trademark Application Form: The formal document seeking trademark registration, containing details about the applicant, the mark, and the associated goods or services.
- List of Goods and Services: An exhaustive list categorized according to the international classification system.
- Proof of Use: Evidence demonstrating the actual use of the trademark in commerce, if required.
- Priority Document: If claiming priority based on a foreign application.
- Fee Payment Receipt: Evidence of payment for the prescribed application fees.
Additional Considerations
- Power of Attorney: If engaging the services of a trademark attorney.
- Specimen of the Trademark: Such as a label or packaging, to illustrate how the mark is utilized.
- Description of Goods or Services: Define the goods or services associated with the trademark.
It is important to note that only scanned copies of the original documents are required for the registration process, and the documents must be submitted in the prescribed format and size. The trademark registration fee varies, with a lower fee applicable for small enterprises, startups, proprietorships, and individuals, and a higher fee for other entities. It is advisable to consult with a trademark attorney or expert to ensure that all documentation is accurate and complete to avoid any delays or issues in the registration process.
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Trademark Registration FAQ’s
What is a trademark?
A brand name is a particular marker that recognizes items or administrations from contenders. It can incorporate images, plans, articulations, or recognizable highlights related with a particular brand.
Why should I register my trademark?
Who can apply for trademark registration in India?
What are the types of trademark registrations in India?
How do I choose the correct trademark class?
Why is a trademark search necessary?
What is the time-frame for obtaining certification of Inter-Ministerial Board for availing tax exemption post successful application?
The Inter- Ministerial Board meeting typical takes place once a month. The cases in the meeting are processed in a serial order. The communication regarding the decision is sent to the registered email address of the Startup.
To regularly follow updates of the IMB meetings, you may refer to the IMB notifications on our website by clicking here.
What initial details are required for trademark registration?
Introductory subtleties incorporate the candidates name, business type, business targets, brand/logo/motto name, and enlistment address.
What documents are needed for trademark registration?
Required documents vary by applicant type. Common documents include PAN card, Aadhar card, GST certificate, incorporation certificate, and partnership deed.
What is the process for trademark filing in India?
How often should I renew my trademark?
What happens if there are no objections or oppositions?
Can I use the TM symbol after applying for trademark registration?
Trademark Registration in State
Other Bharat eFiling Point – Trademark Services
Why Trademark Registration Is Important in India
Trademark registration is not just a legal formality—it is a strategic business decision that offers long-term value and protection for your brand. Whether you’re a startup, a growing business, or an established enterprise, here’s why registering a trademark in India is essential:
1. Legal Protection of Your Brand
A registered trademark grants you exclusive rights to use your brand name, logo, slogan, or design. It protects your brand identity from misuse, imitation, or infringement by others.
2. Builds Brand Recognition and Trust
Customers associate trademarks with the quality and reputation of your products or services. A registered trademark strengthens brand recall, builds trust, and creates a loyal customer base.
3. Acts as a Business Asset
Trademarks are intangible assets that increase the value of your business. They can be sold, licensed, franchised, or even used as collateral when raising capital.
4. Deters Competitors
With a registered trademark, you can take legal action against unauthorized use. It sends a clear signal to competitors that your brand is legally protected, which discourages imitation.
5. Nationwide Protection
Once registered with the Trademark Registry of India, your brand is protected across the entire country—not just in the region where you’re operating.
6. Foundation for Global Expansion
If you plan to take your business global, having a registered trademark in India makes it easier to register your brand in other countries through treaties like the Madrid Protocol.
7. Helps in Online Brand Protection
With the rise of digital business, registering a trademark also helps in protecting your brand name on e-commerce platforms, domain names, and social media.
8. Enables Trademark Symbol Usage (®)
Only a registered trademark can use the ® symbol, which conveys legitimacy and protection under law. This boosts your brand’s credibility.
9. Supports Legal Proceedings
In legal disputes, having a registered trademark strengthens your case. It becomes easier to prove ownership and protect your rights in court.
10. Secures Business Future
Registering your trademark early ensures that no one else can claim it in the future, protecting your business identity and growth trajectory.
Brand name enlistment safeguards your privileges to utilize the imprint and gives lawful plan of action against encroachment. It stays substantial for a long time, with the choice to endlessly recharge.