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

A trademark protects the name, logo, tagline or other sign that identifies your goods or services. Registration gives you the exclusive right to use it in the classes you register and the right to sue for infringement.

What can be registered

• Words and brand names
• Logos and device marks
• Slogans and taglines
• Letters, numerals and combinations
• Shapes, colour combinations and sound marks in some cases

A mark is refused if it is purely descriptive, generic, deceptive or identical or similar to an existing mark for similar goods or services.

The process

1. Search. Check the Trade Marks Registry's public search for identical or similar marks in your class. A search before you apply saves fees and months.
2. Choose the classes. The registry follows the Nice classification of 45 classes. Choose each class that matches what you sell now and in the near future.
3. File the application (Form TM-A). The application is filed online. It states the applicant, the mark, the classes and whether the mark is already in use. Fees depend on the type of applicant and are payable per class.
4. Receive the application number. From filing you can use the ™ symbol.
5. Examination. The Registrar examines the application and may issue an examination report with objections. You reply within the time given, and may be asked to attend a hearing.
6. Publication. An accepted mark is published in the Trade Marks Journal.
7. Opposition window. Third parties have four months from publication to file a notice of opposition. If an opposition is filed, both sides present evidence and are heard.
8. Registration. If there is no opposition, or you win it, the Registrar issues the registration certificate. The ® symbol can be used from then.

How long it takes

Timelines vary with the registry's workload, whether objections are raised and whether the mark is opposed. A mark with no objection and no opposition moves fastest. Plan in months, not weeks, and begin before you print packaging or launch.

Protection during the process

Even before registration you have some rights. A mark you have been using can be protected under the law of passing off, which is based on reputation. Registration is stronger because it gives a statutory right, a public record, and a presumption of validity.

Common reasons applications are objected to

• The mark is similar to an earlier mark in the same class
• The mark describes the goods, such as "Best Tea" for tea
• The specification of goods or services is unclear
• Missing power of attorney or user-date details

After registration

• Renew every ten years, before the term ends.
• Watch the register for similar applications that could weaken your rights, and oppose them in time.
• Record assignments and licences with the registry if the mark is transferred or licensed.
• Use the mark. A registered mark that is not used for a continuous period can be removed from the register on request.

Where it fits in your launch

If you are incorporating, finalise the company name and check trademarks at the same time. Startups applying for recognition can also read about DPIIT recognition, which provides support on intellectual property filings. For the filing itself, see trademark registration.