Trademark Registration in India – Complete Guide for Businesses
Introduction
Trademark registration is a vital step in protecting your brand identity in India. A registered trademark grants exclusive legal rights over your brand name, logo, slogan, or symbol and prevents unauthorised use by competitors. In India, trademark registration is governed under the Trade Marks Act, 1999, providing statutory protection and long-term brand security.
At JLNR & CO., Chartered Accountants, we simplify the trademark registration process by assisting clients with trademark searches, application filing, objections, oppositions, renewals, and post-registration compliance—ensuring your intellectual property remains protected.
What Is a Trademark?
A trademark is a form of intellectual property that uniquely identifies and distinguishes the goods or services of one business from another. It may include:
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Words or brand names
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Logos and symbols
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Designs and patterns
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Shapes of goods
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Sound marks
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Colour combinations
A trademark must be capable of graphical representation and should distinctly identify the source of goods or services.
Why Should You Register a Trademark in India?
Trademark registration offers both legal and commercial advantages:
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Legal protection against infringement and misuse
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Public record of brand ownership
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Exclusive right to use the trademark
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Right to use the ® symbol after registration
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Increased brand credibility and customer trust
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Creation of a valuable intangible business asset
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Ability to license or assign the trademark
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Enhanced valuation for investors and partners
A registered trademark is valid for 10 years and can be renewed indefinitely.
Who Can Apply for Trademark Registration Online?
Trademark registration in India is open to:
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Individuals
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Proprietorship firms
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Partnership firms
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LLPs
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Private and public limited companies
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Foreign companies
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Trusts and societies
This wide eligibility ensures that businesses of all sizes can safeguard their brand identity.
Types of Trademarks in India
India recognises several categories of trademarks depending on usage and purpose.
Product Mark
Used for goods and physical products (Classes 1–34).
Example: Coca-Cola®
Service Mark
Used for services (Classes 35–45).
Example: FedEx®
Collective Mark
Used by members of an association to represent common standards.
Certification Mark
Indicates quality, origin, or standards of goods or services.
Example: ISI mark, CA mark
Shape Mark
Protects the distinctive shape of a product.
Example: Coca-Cola bottle
Pattern Mark
Protects distinctive patterns used on products.
Example: Louis Vuitton® pattern
Sound Mark
Protects distinctive sounds associated with brands.
Example: Nokia tune
Trademark Symbols Explained
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™ (TM) – Applied or pending trademark
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® (R) – Registered trademark
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℠ (SM) – Unregistered service mark
Benefits of Trademark Registration
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Exclusive ownership rights
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Strong brand recognition
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Legal enforcement against infringement
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Long-term brand protection
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Global registration opportunities (Madrid Protocol)
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Increased consumer confidence
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Asset creation for business growth
Documents Required for Trademark Registration
Basic Details
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Applicant name
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Business type
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Nature of business
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Brand name / logo / slogan
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Registered address
Entity-wise Documents
| Applicant Type | Required Documents |
|---|---|
| Individual | PAN, Aadhaar |
| Proprietorship | PAN, Aadhaar, GST |
| Company | Incorporation Certificate, PAN, MSME (if any) |
| Partnership | Partnership Deed, PAN |
| LLP | LLP Deed, PAN |
| Trust | Trust Deed, PAN |
How to Register a Trademark in India Online – Step-by-Step
Step 1: Trademark Search
Conduct a detailed trademark search to ensure availability and avoid conflicts.
Step 2: Choose the Correct Trademark Class
Select the appropriate class (out of 45) based on your goods or services.
Step 3: Vienna Codification
Applied for trademarks containing figurative elements.
Step 4: Trademark Examination
The Registrar reviews the application and may issue an examination report.
Step 5: Trademark Journal Publication
Published for public opposition for 90 days.
Step 6: Hearing (If Required)
Conducted if objections or oppositions arise.
Step 7: Trademark Registration Certificate
Issued if no opposition is sustained. You may now use the ® symbol.
Trademark Objection and Opposition
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Objection: Raised by the Registrar during examination
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Opposition: Filed by third parties after journal publication
Both can be resolved with proper replies, evidence, and hearings.
Trademark Renewal
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Valid for 10 years
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Renewable every 10 years using Form TM-R
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Non-renewal may result in removal from the register
Post-Trademark Registration Compliance
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Renewal filings
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Amendments (Form TM-P)
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Assignment and transfer
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Monitoring for infringement
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Rectification of errors
How JLNR & CO., Chartered Accountants Can Help
We provide end-to-end trademark services including:
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Trademark search and advisory
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Class selection
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Online filing and tracking
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Objection and opposition handling
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Hearing representation
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Trademark renewal and assignment
Our structured approach ensures accuracy, compliance, and timely registration.
Trademark vs Patent vs Copyright
| Particulars | Trademark | Patent | Copyright |
|---|---|---|---|
| Protects | Brand identity | Inventions | Creative works |
| Validity | 10 years (renewable) | 20 years | Life of author + 60 years |
| Registration | Mandatory for protection | Mandatory | Automatic |
