Trademark Registration in India

Trademark registration grants exclusive legal rights over your brand name, logo, or symbol. Governed by the Trade Marks Act, 1999, it ensures your brand is protected and recognized in the Indian marketplace.

To register a trademark, you must file Form TM-A with the Trademark Office and choose the right class for your products or services. Once approved, you gain the right to use the ® symbol, establishing your brand’s legal identity.

At Sperso Filings, we simplify trademark registration with expert support—from trademark searches and filing to handling objections and renewals. Our legal experts help you secure your trademark certificate quickly and efficiently, protecting your brand’s identity from day one.

What is a Trademark?

A trademark is an intellectual property that includes a word, logo, phrase, symbol, or design used to identify and distinguish a brand’s goods or services. As per the Trade Marks Act, 1999, it can also cover the shape of products, packaging, or color combinations—if they can be graphically represented and help differentiate one brand from another.

Trademark Act of 1999

The Trademarks Act of 1999 outlines the rules and regulations for registration, assignment, and trademark protection. The Indian Trademarks Act, 1999 is administered by the Controller General of Patents, Designs, and Trademarks under the Ministry of Commerce and Industry of the government of India.

Why Should You Register a Trademark?

• Creates an official public record of ownership
• Distinguishes your brand, enhancing recognition
• Builds customer trust and brand credibility
• Protects against counterfeiting and misuse
• Increases business value and attracts investors
• Enables licensing and use of the ® symbol
• Becomes a valuable business asset

Who Can Apply for Trademark Registration Online?

The applicant listed in the registration form becomes the legal trademark owner. The following can apply for online trademark registration:

• Individuals
• Joint owners
• Proprietorship firms
• Partnership firms (up to 10 partners)
• LLPs
• Indian or foreign companies
• Trusts and societies

Sperso Filings supports all applicant types with smooth online registration and expert assistance.

Types of Trademarks in India

Trademarks help distinguish goods or services in the market. Here are the key types registered in India:

• Product Mark – Used to identify goods.
  Example: Nestlé
• Service Mark – Identifies services.
  Example: United Airlines, its tagline and logo
• Certification Mark – Shows a product meets certain standards.
  Example: ISI, FSSAI
• Collective Mark – Used by a group or organization.
  Example: CII
• Shape Mark – Protects unique product shapes.
  Example: Coca-Cola bottle
• Pattern Mark – Safeguards distinctive designs or patterns.
  Example: Branded pattern packaging
• Sound Mark – Recognizes a brand through a unique sound.
  Example: Yahoo yodel
• Symbol Mark – Protects visual symbols that represent a brand.
• Color Mark – Protects unique colors or combinations.
  Example: Tiffany Blue
• Motion Mark – Covers animated brand elements.
  Example: Paramount Pictures intro

Trademark Registration Fees

Trademark registration with Sperso Filings is simple and affordable. Govt. fees are ₹4,500/class (e-filing) for individuals, startups & MSMEs, and ₹9,000/class for companies & LLPs. Physical filing costs slightly more. Sperso Filings ensures quick, expert filing support.

Trademark Symbols

Trademark symbols help indicate the legal status of a brand mark. The most common ones are:

• TM (™) – Used when a trademark application is filed and pending. Applicable to both goods and services. It warns against unauthorized use.
• R (®) – Used only after the trademark is officially registered. Grants full legal protection and allows action against infringement.
• SM (℠) – Used for unregistered service marks, similar to TM but specific to services.

Documents Required for Trademark Registration in India

To register a trademark, applicants must submit Form TM-A, identity/address proof, and other relevant documents based on the applicant type. Here's a streamlined breakdown:

1. Individuals & Sole Proprietorships

• Form TM-A
• Logo (if applicable)
• Power of Attorney (Form-48)
• ID Proof: Aadhaar, PAN, Passport, or DL
• Address Proof: Utility bill, bank statement, etc.
• User Affidavit

2. Partnership Firms

• All documents listed above
• Partnership Deed / Firm Registration
• PAN of the Partnership
• MSME or Startup Certificate (if available)

3. Companies (Pvt. Ltd., Public Ltd., LLPs)

• Form TM-A
• Incorporation Certificate / LLP Deed
• Power of Attorney (Form-48)
• Logo (if applicable)
• ID & Address Proof of Authorized Signatory
• Company/LLP PAN
• User Affidavit
• MSME / Startup Certificate (if applicable)

4. Other Entities (Trusts, NGOs, etc.)

• Form TM-A
• Incorporation Certificate / Trust Deed
• Power of Attorney (Form-48)
• Logo (if applicable)
• ID & Address Proof of Signatory
• Trust PAN
• GST Certificate (if applicable)
• User Affidavit

Trademark vs Copyright vs Patent

Trademark, copyright, and patent are three major types of intellectual property, each protecting different assets. A trademark protects brand identifiers like names, logos, and slogans—such as Nike’s “Swoosh”—and can be renewed indefinitely. Copyright covers original creative works like books, music, or films; for example, To Kill a Mockingbird is copyright-protected for the author's lifetime plus a set number of years. A patent protects new inventions, like Bell’s telephone, for up to 20 years from the filing date. All three are legally enforceable but differ in what they protect, how long protection lasts, and which authority grants it.

Benefits of Trademark Registration

Trademark registration gives your brand legal protection, exclusive rights, and helps distinguish it from competitors. It builds goodwill, strengthens your brand, and creates a marketable business asset, supporting both local and international expansion.

• Exclusive Rights & Legal Protection
  Trademark registration grants exclusive usage rights for your goods or services and protects against unauthorized use.
• Brand Recognition & Trust
  It builds a unique identity, enhances brand recall, and increases customer trust and loyalty.
• Asset Creation
  A registered trademark becomes a valuable asset. It can be sold, licensed, or used to attract funding, while protecting your brand investment.
• Right to Use the Ⓡ Symbol
  Once registered, you can legally use the ® symbol, increasing brand authenticity and legal protection.
• Prevention of Infringement
  It offers strong legal grounds to oppose or act against those misusing your brand.
• 10-Year Validity
  Trademark protection lasts for 10 years and can be renewed to maintain long-term ownership.
• International Protection
  Registration eases global expansion under treaties like the Madrid Protocol, offering protection in other countries.
• Customer Attraction
  A registered trademark sets your brand apart, builds credibility, and draws more customers by confirming authenticity.

How to Register a Trademark in India Online?

Trademark registration in India begins with selecting a unique mark, conducting a trademark search, and filing Form TM-A with the Trademark Registry. After payment and approval, you receive a certificate valid for 10 years. Sperso Filings simplifies this with expert support throughout, including objections and opposition handling.

• Step 1: Trademark Search – We help conduct a detailed search to ensure your mark is unique and guide you in choosing the right class.
• Step 2: Vienna Codification – If your mark has a logo or symbol, it is classified under the Vienna Code to ensure proper categorization.
• Step 3: Filing the Application – Our experts file Form TM-A with all required details, reducing chances of delay or rejection.
• Step 4: Formality Check – The Registrar checks the application for completeness. We handle corrections if needed.
• Step 5: Examination – The Registrar examines legal validity. If objections arise, we draft strong responses to clear them.
• Step 6: Hearings (If Required) – In case of persistent objections, we represent and guide you during hearings.
• Step 7: Journal Publication – Once cleared, your trademark is published in the Trademark Journal for public review.
• Step 8: Opposition Handling – If anyone files an opposition, our legal team helps prepare and respond effectively.
• Step 9: Registration Certificate – If no opposition arises, the certificate is issued. Your trademark is protected for 10 years and renewable.

Post-Registration Procedures for Trademark in India

Once your trademark is registered, ensure continued protection by following key post-registration steps:

• Renewal: Required every 10 years to maintain protection.
• Amendments: Any changes (like ownership or address) must be filed using Form TM-P.
• Transfer/Assignment: Ownership transfers must also be registered via Form TM-P.
• Monitoring: Regular checks are advised to spot and act against any infringement or misuse.

Trademark Renewal Process

• Form TM-R: For renewal
• Trademark Certificate: Copy of the original registration
• TM-A Form: Original or certified copy of the initial application
• ID & Address Proof: Of the trademark owner
• Power of Attorney: If filed by an agent

Deadline: File renewal within 6 months before expiry or within 6 months after expiry with a surcharge.

Trademark Renewal Fees (India)

To renew a trademark, the owner must file Form TM-R along with the prescribed fee. Required documents include:

• E-filing Fee: ₹9,000 per class
• Physical Filing Fee: ₹10,000 per class
• Late Renewal Surcharge: ₹4,500 (additional)
• Restoration Fee (after expiry): ₹9,000 (plus renewal fee)

Trademark Rectification

• Purpose: Correct mistakes or non-compliance in the trademark register
• Common Reasons: Clerical errors, non-use, or breach of conditions
• Procedure: File Form TM-26 with supporting documents
• Who Can File: Any party affected by the trademark
• Handled By: Trademark Registrar or Intellectual Property Appellate Board (IPAB)

Trademark Cancellation

• Objective: Remove a registered trademark due to invalidity or misuse
• Who Can File: Any third party with a valid reason
• Law Applicable: Governed by the Trade Marks Act, 1999

Trademark Infringement & Legal Remedies

• Infringement: Unauthorized use of a registered trademark, leading to brand confusion
• Legal Remedies Include:
  • Court injunction to stop usage
  • Monetary damages for losses
  • Seizure or destruction of infringing goods
  • Recovery of profits made from the infringement

Our Expert Trademark Services

• Specialized Legal Support: Our trademark professionals ensure each application is legally compliant, accurate, and filed efficiently.
• Comprehensive Trademark Search: We conduct thorough availability checks to avoid conflicts and improve approval chances.
• Easy Online Filing: A simplified platform for brand, logo, and name registration—our team manages all documentation for you.
• End-to-End Assistance: We support you through every stage, from filing the application to resolving objections and oppositions.
• Renewal Alerts: Trademark registrations last 10 years—we help ensure timely renewals with automated alerts.
• Assignment Support: We handle the full assignment process, including deed drafting and submission to the Trademark Registry.
• Objection Handling: If your trademark faces an objection, our experts guide you in drafting a solid legal response.
• Hearing Representation: Should your case reach a hearing, we prepare and present your case before the Trademark Registrar for the best outcome.