Trademark registration in India: steps, classes and what to expect

A trademark protects the name, logo or other mark that identifies your products or services. This guide explains how trademark registration works in India, from the first search to the registration certificate.

What is a trademark?

A trademark is a sign that tells customers who a product or service comes from. It can be a word, a name, a logo, a slogan, a combination of colours, a shape or a sound. Registering it gives you the exclusive right to use it for the goods or services you registered it for, and the right to act against others who use a confusingly similar mark.

Is registration compulsory?

No. You can use a mark without registering it, and you can use the ™ symbol at any time. Registration makes your rights easier to prove and enforce, and only a registered mark can carry the ® symbol. Our comparison of trademark, copyright, patent and design shows when each one applies.

What are trademark classes?

Goods and services are grouped into 45 classes under an international classification. Classes 1 to 34 cover goods and 35 to 45 cover services. You apply for the class or classes that match what you sell, and each class is assessed on its own. Choosing the wrong class is a common mistake, so describe your goods and services carefully.

What are the steps?

1. Search: check the public trademark records for identical or similar marks in your class, so you know the risk before you file.
2. Application: file the application online with the Trade Marks Registry, naming the applicant, the mark, the class and whether the mark is already in use.
3. Examination: the Registry examines the application and may raise objections. You can respond, and a hearing may follow.
4. Publication: an accepted mark is published in the Trade Marks Journal.
5. Opposition window: for a period of about four months anyone can oppose the registration. If there is an opposition, both sides present their case.
6. Registration: if there is no objection or opposition left, the mark is registered and you receive the certificate.

How long this takes depends on the Registry's workload and on whether there are objections or oppositions, so it cannot be promised in advance.

What documents do I need?

• Identity and address proof of the applicant (individual, company, firm or LLP)
• A clear image of the logo, or the words of the name
• A description of the goods or services and the class
• The date from which the mark has been used, if it is already in use
• A power of attorney if an agent files for you

How long does registration last?

A registered trademark is valid for ten years from the date of application and can be renewed for further periods of ten years. Keep a record of the renewal date, because an unrenewed mark can be removed from the register.

Do I need help with trademark registration?

A search and a well-chosen class make the difference between a smooth application and a long one. Our Experts can guide you: see trademark registration. If you are still setting up the business, read our guide to registering a private limited company.

This article is general information, not individual professional advice. Fees, forms and timelines change, so check the official Trade Marks Registry website or ask our Experts before you act.