“Legal Note: As per the Trade Marks Act, 1999, trademarks are registered per class. Filing in the wrong class can lead to rejection or limit protection. It’s advisable to use IP India’s class search tool or consult a professional.”

“Description of Goods/Services: The application must clearly describe the goods or services under the selected class. Ambiguous or overly broad descriptions may lead to objections or rejection. This description is also used to evaluate similarity during search and examination.”

Use in Application: The class number and the description of goods/services must be accurately entered in Form TM-A during filing.

Legal Note: As per Section 2(1)(zb) of the Trade Marks Act, 1999, a trademark is a mark capable of graphical representation and capable of distinguishing goods/services. And: Section 2(1)(m): “mark” includes device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination thereof.

These definitions underscore that not just words or logos, but even non-traditional elements (like sounds or shapes) can qualify for trademark protection—provided they are distinctive and capable of graphical representation.

Further reading: What Can and Can’t Be Registered as a Trademark in India?

Note: A prior search minimizes chances of objection under Section 11 (relative grounds of refusal).

Importance of Applicant Type:
The type of applicant (Individual, Startup, MSME, Company, or Others) determines the applicable fee and eligibility for reduced fee benefits. Incorrect classification may lead to objections or higher fees.

Right over the trademark resides with the applicant only.

Registration Process

Step 6: Formality Check

Before substantive examination, the Registry checks for:

• Proper documentation

• Signature issues

• Incorrect class details

• Fee mismatch

If formality check fails:
An official communication is sent. The applicant must rectify the deficiencies typically within 30 days.

Step 7: Examination & Reply

After passing formality check, the Examiner reviews the application under:

• Section 9: Absolute grounds: Refuses registration of marks that are non-distinctive, descriptive, generic, deceptive, offensive, or legally prohibited, unless they’ve acquired distinctiveness. Sample Report

• Section 11: Relative grounds: Refuses registration of marks similar to earlier trademarks and could cause public confusion. Sample Report

• Clerical errors in the application can also trigger objections (e.g., incorrect applicant type/name, vague description, missing document/improper stamping).

Step 8: Show-Cause Hearing

If, after your written reply to an Examination Report, the Registrar is not satisfied with your explanations or amendments, you may be called for a Show-Cause Hearing. 

Link for Show-cause Hearing-Intellectual Property India

Legal Basis:

Rule 33(6) of the Trade Marks Rules, 2017 – The Registrar shall give the applicant an opportunity to be heard before refusing an application. Hearing ios carried out as per rule 115 of of the Trade Marks Rules, 2017.

Purpose of the Hearing:

• Clarify classification and description disputes

• Demonstrate distinctiveness or lack of similarity

• Prove the correct specification of goods/services

• Submit further documents or affidavits

• Sample Hearing Notice of ZEPTO

 

Outcome:

• Acceptance of the mark

• Conditional acceptance (amend description)

• Refusal (with reasons)

Step 8: Journal Publication & Opposition

A trademark journal is the official public record where trademark applications accepted by the registry are published for opposition before registration. Accepted marks are published in the Trade Marks Journal for 4 months. (Sample Journal Copy)

If no opposition is filed, it proceeds to registration.
If opposed, both parties are heard before the Registrar/Refusal.

Step 9: Trademark Registration

A Trademark Certificate is an official document issued by the trademark registry confirming the successful registration and legal ownership of a trademark. If no objection/opposition or after a successful defense, your trademark is registered.

Applicant receives:

• Trademark Registration Certificate (Sample Certificate)

• Validity: 10 years (renewable indefinitely)

F

Tips Attorney/Applicant

1. File early – Trademark is first-to-file, not first-to-use.

2. Avoid generic names – Choose distinctive, invented words.

3. Dont ignore well-known marks- Carry out a public search for similarity with well-known marks.

4. Watch your mark – Monitor filings of similar marks regularly.

5. Maintain use evidence – Essential for opposition or renewal defense.

6. Renew timely – File TM-R before expiry to avoid additional fees.

Conclusion: File Smart, Protect Early

Filing a trademark early and correctly is key to brand protection. Choose the right class, avoid descriptive or common marks, and respond promptly to exam reports.

FAQs

Q1. Can I file for multiple trademark classes in one application?
Yes. Form TM-A allows you to file for multiple classes in a single application. However, keep in mind that the statutory fee is charged per class, so filing across different categories will increase the total cost.

Q2. Can I claim usage from a prior date?
Yes. You can file your application either as ‘proposed to be used’ (if you haven’t started using the mark yet) or ‘already in use’, in which case you'll need to submit supporting documents to prove the date of first commercial use.

Q3. Do I need to register my logo and wordmark separately?
Yes, it is advisable. A wordmark protects the brand name regardless of how it's stylized, while a logo/device mark protects the specific visual representation. Registering both ensures comprehensive protection.

Q4. Can foreign companies apply for a trademark in India?
Yes. Foreign entities can file for trademark registration in India. However, they must do so through a locally registered trademark attorney or agent, who will represent them before the Indian Trademark Office.

Q5. What if someone else has a similar trademark?
If a similar or identical trademark already exists, your application may receive an objection from the examiner or face an opposition from third parties during publication. In such cases, showing prior use of the mark and submitting strong evidence (invoices, advertisements, domain registration, etc.) will significantly support your claim.

Q6. How long does it take to register a trademark in India?
Typically, the process takes 12 to 24 months, depending on objections, oppositions, and backlog at the Trademark Registry. However, filing correctly and responding promptly to office actions can reduce delays.

Q7. Can I track the trademark application status online?
Yes. You can use the application number to track your trademark’s status through the IP India online portal. or quickcompany.in/home/trademarks/search . Status updates include stages like Formalities Check Passed, Marked for Examination, Objected, Advertised in Journal, or Registered.

Q8. Can a trademark be filed without legal assistance?
While individuals and businesses can file trademarks themselves, working with an IP professional or using specialized software ensures accuracy, faster processing, and reduces the risk of rejection due to procedural errors