A trademark is one of the most valuable forms of intellectual property owned by a business. It serves as a legal identity of your brand in the marketplace.
In India, the registration and protection of trademarks are governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, administered by the Controller General of Patents, Designs, and Trade Marks (CGPDTM) under the Ministry of Commerce and Industry.

Why Trademark Registration Matters

Provides exclusive ownership rights over the brand name or logo.
Enables the owner to take legal action against infringement.
Builds brand credibility and goodwill in the market.
Allows the use of the ® symbol after registration.

Unregistered marks only enjoy limited protection under common law (Section 27) through passing-off actions, whereas registered marks have statutory protection under Section 28 of the Act.

Hence, every business, startup, or professional should ensure timely filing of a trademark before using it in the market.

What is a Trademark (Section 2(zb) of the Trade Marks Act, 1999)

As per Section 2(zb) of the Act:

“Trademark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging, and combination of colors.

In simple terms, a trademark identifies the source of origin of goods or services, thereby distinguishing one trader from another.

Types of Trademarks Recognised in India

Type	Description	Example
Word Mark	The textual representation of a brand name	TATA, ZARA, AMUL
Device/Logo Mark	Artistic or graphic logo designs	Apple’s logo, Adidas stripes
Sound Mark	A unique sound used as a brand identifier	ICICI Bank tune, Airtel jingle
Shape Mark	A distinctive product shape	Coca-Cola bottle
Collective Mark	Used by members of an association	“CA” mark by ICAI
Certification Mark	Indicates quality or standard certification	ISI, BIS, AGMARK

Legal Framework and Competent Authority

Trade Marks Act, 1999 – Primary legislation governing registration, opposition, and infringement.

Trade Marks Rules, 2017 – Prescribes filing procedures, forms, and fees.
Competent Authority:
- Registrar of Trademarks, under the CGPDTM, DPIIT, Ministry of Commerce.
Trademark Offices in India:
- Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad.

Pre-Filing Checklist for Applicants

Before filing a trademark application, ensure the following:

Distinctive Mark: Must not be generic or descriptive (refer Section 9).
Trademark Search: Conduct availability search on ipindia.gov.in.
Correct Classification: Identify the class under the Nice Classification (11th Edition) — Classes 1–34 (Goods) and 35–45 (Services).
Applicant Type:
- Individual
- Partnership/LLP
- Company
- Startup/MSME (eligible for 50% fee reduction)
Documents Ready: Identity proof, business proof, logo (if any), and Power of Attorney (Form TM-48).

Step-by-Step Procedure to File a Trademark in India

Let’s examine each procedural stage under the Trade Marks Rules, 2017, starting from search to registration.

Step 1 – Trademark Search (Preliminary Search)

Relevant Rule: Rule 24, Trade Marks Rules, 2017

Before filing, the applicant must check whether a similar or identical mark already exists in the register. This can be done via the Public Search Tool on the official website: https://ipindia.gov.in

Search Criteria: Wordmark, Vienna code (for logos), phonetic similarity.

Purpose: Avoids objection under Section 11 (Relative grounds for refusal).
Practical Tip: Avoid marks that are descriptive, common, or generic.

Step 2 – Determine the Correct Trademark Class

Reference: Nice Classification, 11th Edition (2025)

Goods: Class 1–34
Services: Class 35–45

For example:

Clothing → Class 25
Education services → Class 41
Software development → Class 42

Incorrect classification can lead to refusal or limited protection.

Step 3 – Filing of Application (Form TM-A)

Relevant Rule: Rule 10, Trade Marks Rules, 2017

The application for registration is made in Form TM-A either online or physically at the appropriate Trademark Office.

Fee Structure (per class):

Applicant Type	Official Fee (₹)
Individual / Startup / MSME	4,500
Company / LLP / Others	9,000

Information Required in TM-A:

Applicant’s name and address
Type of mark (word/logo/device)
Class number
Description of goods/services
User date (if used prior to filing)
Power of Attorney (TM-48, if filed by agent)

Upon submission, an acknowledgment number is generated, allowing immediate use of the ™ symbol.

Step 4 – Examination of Application

Relevant Section: Section 18(4)
Relevant Rule: Rule 33, Trade Marks Rules, 2017

The Registrar examines whether:

The mark is distinctive (Section 9)
It does not conflict with existing marks (Section 11)
All formalities and documents are proper

Examination Report:
Issued typically within 30–45 days. It may state:

Accepted for publication, or
Objected (with reasons mentioned).

Step 5 – Reply to Examination Report (Objection Stage)

Relevant Rule: Rule 38

If objections are raised, the applicant must submit a written reply within 30 days from the date of receipt of the examination report.

The reply should contain:

Legal arguments
Evidence of distinctiveness (use of the mark, invoices, advertisements)
Case law references (e.g., T.V. Venugopal vs. Ushodaya Enterprises Ltd., (2011) 4 SCC 85)

Failure to reply results in abandonment of the application (Rule 38(2)).

Step 6 – Hearing Before the Registrar

If the Registrar is not satisfied with the written reply, a hearing is scheduled.
After the hearing, the application may either be:

Accepted and published, or
Refused with written grounds (appealable under Section 91 before IPAB / High Court).

Step 7 – Publication in the Trademark Journal

Relevant Section: Section 20

Once accepted, the mark is published in the Trademark Journal for public opposition.

Opposition period: 4 months from the date of publication (Rule 42).
If no opposition is filed → the mark proceeds to registration.

Step 8 – Opposition Proceedings (If Any)

Relevant Sections: Section 21–23
Relevant Rule: Rule 44–51

If any person believes the registration will harm their existing mark, they may file an opposition notice (Form TM-O).

The applicant must file a counter-statement within 2 months.
Evidence, hearing, and order by Registrar follow.

If the opposition fails → the mark proceeds to registration.

Step 9 – Registration and Issuance of Certificate

Relevant Section: Section 23(2)

Upon successful completion, the Registrar issues a digital certificate of registration, valid for 10 years from the filing date.
The applicant can now legally use the ® symbol.

Registration confers:

Exclusive right to use the mark (Section 28)
Power to restrain infringement (Section 29)

Step 10 – Renewal and Maintenance

Relevant Section: Section 25
Relevant Rule: Rule 57–61

Validity: 10 years from registration date
Renewal: Every 10 years via Form TM-R
Renewal Fee: ₹9,000 per class
Grace Period: 6 months post-expiry (with late fee)

Failure to renew results in removal from the Register.

Documents Required for Trademark Filing

Document	Purpose
Identity Proof (PAN/Aadhaar)	Proof of applicant’s identity
Business Proof	Certificate of Incorporation / Udyam / GST
Logo/Image	For device mark
Power of Attorney (Form TM-48)	If filed through agent or CS
User Affidavit	If prior use is claimed before filing

Understanding Trademark Symbols (™ and ®)

Symbol	Usage	Legal Meaning
™	Used after filing the trademark application	Indicates “application filed and pending registration”
®	Used after registration is granted	Indicates “registered trademark” and legal exclusivity

Improper use of ® before registration attracts penalty under Section 107 of the Act.

Checking Trademark Application Status Online

You can track your application through the IP India portal:
🔗 https://ipindia.gov.in → Trademarks → Related Links → Trademark Application/Registered Mark Status.

Common Status Terms:

Status	Meaning
Formalities Check Pass	Documents verified
Marked for Exam	Awaiting examiner review
Objected	Examiner raised objections
Accepted & Advertised	Published in journal
Opposed	Opposition filed by third party
Registered	Certificate issued

Legal Consequences of Infringement (Section 29)

Any unauthorized use of a registered trademark amounts to infringement under Section 29.
The proprietor may initiate both civil and criminal actions, including:

Injunction
Damages or account of profits
Seizure of infringing goods

Criminal liability under Section 103–105 includes imprisonment up to 3 years and fine up to ₹2,00,000.

Trademark Opposition vs. Objection – Key Difference

Basis	Objection	Opposition
Raised By	Trademark Examiner	Third Party
Stage	During Examination	After Journal Publication
Response Time	30 days	2 months
Form Used	No specific form (reply letter)	Form TM-O
Result	Acceptance or refusal by Registrar	Decision after hearing

FAQs on Trademark Filing

Q1. Can I file a trademark online myself?
Yes, via ipindia.gov.in. However, filing through a CS or Trademark Attorney ensures legal accuracy.

Q2. Can I use my brand name before registration?
Yes, after filing you may use the ™ symbol.

Q3. How long does the entire process take?
Usually 8–12 months, depending on objections or oppositions.

Q4. Can foreign entities file trademarks in India?
Yes, under Section 18(1), foreign proprietors can file through an agent or attorney.

Q5. What if my mark gets opposed?
You must reply via Form TM-O; if successful, registration proceeds.

Conclusion – A Legal Shield for Your Brand

A registered trademark is more than a brand—it’s a legal asset.
By filing under the correct class, following due process, and maintaining compliance under the Trade Marks Act, 1999, businesses can ensure full statutory protection against misuse or imitation.

Trademark registration not only safeguards your commercial identity but also adds intellectual property value to your enterprise.

Written by Mahboob Gaddi and Farman Ahmad | Founders, Lawgical Search

How to File a Trademark in India Step-by-Step (2025 Legal & Procedural Guide)

Introduction – The Legal Necessity of Trademark Registration