Trademark Registration in India: Everything You Need to Know

What is a Trademark?

A trademark is any sign that distinguishes the goods or services of one business from another. It can be:

Word mark — your brand name (e.g., "CompanyKholo")

Logo mark — your brand logo or symbol

Combined mark — name + logo together

Sound mark — a distinctive jingle or sound

Colour mark — a specific colour combination associated with your brand

Registering a trademark gives you the exclusive legal right to use that mark in connection with your goods or services across India. It also allows you to use the ® symbol.

Why Register a Trademark?

Legal protection — without registration, you have very limited recourse if someone copies your brand name or logo.

Deterrence — the ® symbol warns competitors that the mark is registered and protected.

Asset value — a registered trademark is an intangible asset that can be licensed, franchised, or sold.

E-commerce requirement — platforms like Amazon require trademark registration for Brand Registry.

Domain disputes — a registered trademark gives you stronger grounds in domain name disputes.

The 45 Classes — Which One Do You Need?

Trademarks are registered under specific "classes" that define what goods or services the mark covers. There are 45 classes in total:

Classes 1-34: Goods (chemicals, paints, machinery, electronics, clothing, food, etc.)

Classes 35-45: Services (advertising, education, legal, IT, financial, etc.)

Most common classes for startups:

You can register the same mark in multiple classes, but each class is a separate application with separate fees.

Documents Required

Registration Process

Step 1: Trademark Search (Day 1)

Before filing, conduct a thorough search on the IP India website (ipindia.gov.in) to ensure your mark is not already registered or applied for in the same class. Also check for phonetically similar marks.

Step 2: File Application (Day 1-2)

File TM-1 online through the IP India portal. You need to specify:

Step 3: Vienna Codification and Formalities Check (Month 1-2)

The Trademark Registry assigns a Vienna code (for logos), verifies formalities, and publishes the application in the Trademark Journal.

Step 4: Examination (Month 2-6)

A trademark examiner reviews the application. They may:

Accept it — proceed to publication

Raise an objection — issue an examination report citing reasons for objection

Common objection reasons:

If objected, you have 30 days to file a response (TM-M) or request a hearing.

Step 5: Publication in Trademark Journal (Month 6-8)

If accepted (or objection resolved), the mark is published in the Trademark Journal for 4 months. During this period, anyone can file an opposition.

Step 6: Registration Certificate (Month 10-12)

If no opposition is filed (or opposition is resolved in your favour), the Trademark Registry issues the registration certificate. The registration is valid for 10 years from the filing date and can be renewed indefinitely.

Fees

Professional fees cover the trademark search, application preparation, filing, and handling any objections or oppositions.

Timeline Summary

Important: Your trademark rights begin from the filing date, not the registration date. The ™ symbol can be used immediately after filing. The ® symbol can only be used after registration.

Protecting Your Trademark After Registration

Monitor the marketplace — watch for infringers using similar names or logos

Renew on time — trademark registration expires after 10 years; renew 6 months before expiry

Use it or lose it — a trademark can be cancelled if not used for 5 consecutive years

Record it with customs — to prevent import of counterfeit goods