Trademark Registration
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TM Registration in India
is a 1-4 Years process, inolving multiple-steps, which start with filing of TM-A Form
Who can Register a Trademark?
Any Individual (Proprietor ) / Company / Foreign Entity can file a Trademark in India through IPIndia using TM-A Form, the cost of the Form is based on who is filing.
How much does it Cost?
TM Filing Cost (All Inclusive) is in the range of ₹7,000 - ₹30,000. Following is the breakdown of the charges. They vary, depending on the attorney you choose:
| TRADEMARK FILING | |
|---|---|
| 1. Govt Fees (TM-A) | ₹4,500 / ₹9,000 |
| 2. Attorney Cost | ₹2,500 - ₹20,000 |
| * GST Extra |
1. Government Fees
TM Filing fees is charged per Class.
Individual / MSME
₹4,500/-
- + Attorney Fees
Company
₹9,000/-
- + Attorney Fees
If you are a registered Company in India, you can easily get an MSME Certificate for around ₹3,000 and get a discount of 50% on the Government Fees.
2. Attorney Fees
Attorney fees varies depending on the experience of the Attorney. It is important to select a decently, experienced attorney as in the case of an Hearing / Opposition the attorney will be able to resolve better.
Documents Required
Only Scanned Copies are needed
Brand
A digital copy of trademark to be registered
ID Proof
Aadhar card/ Voter Card/ Passport/ DL
Address Proof
Latest Bank statement/ Utility bill in the name of the applicant required which should not be older than two months
Power Of Attorney
Duly signed by the applicant to authorise us to file on their behalf
Board Resolution
Only in case of a company
Trademark Registration Process
There are multiple steps to filing a Trademark.
-
Trademark Search
1 Hour / Mandatory Is the process of going through the Trademark Registry or Trademark Database to check if the Name / Logo you are trying to register has not been taken already.
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TM-A Filing
1 Hour / Mandatory Trademark Attorney will prepare a draft TM-A Form based on the Trademark Search. The Draft is shared with you and on approal the Form is Filed.
You can use the TM Symbol with your brand after the Form is Filed
-
Examination Report Objection
1-12 Months The trademark application is examined by the Government examiner. You can track the application status using the TM application number. If the examiner finds the mark identical or similar to an existing mark, or raises any other concern, an objection will be issued along with the reasons.
If no objection is raised, the mark is published in the Trademark Journal to invite opposition from third parties. If no opposition is filed within the prescribed period, the trademark is approved and registered within the next six months.
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Show Cause Hearing
1-12 Months If the examiner is not satisfied with the response to the examination report, a Show Cause Hearing will be scheduled and a hearing notice will be served. You can find the link of the hearing on IP India site.
During the hearing, the applicant or their authorized trademark attorney must present arguments supporting the registration of the mark.
Based on the submissions, the hearing officer may accept the mark for advertisement in the Trademark Journal or refuse the application with reasons provided.
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Trademark Opposition
1-12 Months If a third party believes that the published mark conflicts with their rights, they may file an opposition after the mark is advertised in the Trademark Journal.
Upon receiving the opposition, the applicant must file a counterstatement within the prescribed time. Both parties are then given an opportunity to submit evidence and arguments. After reviewing the submissions, the Registrar decides whether the trademark should be registered or refused.
Questions? Call us on 011-408-44560
What after filing a Trademark?
Following Steps are optional, applications may or may not recieve them. You can check your Trademark progress here, Trademark Status
What do you get
IPIndia Application Number and a Digital Copy ( PDF ) of TM-A Form file with the Government. You can use the Application Number to check the status of your trademark application at any time.
Acknowledgement
A TM registration acknowledgement slip with payment details
Trademark A Form
A stamped copy of form TM-A bearing application number
What can be Trademarked
Digital Copies + IPIndia Application Number
Product
A product mark is product used to identify a single product. They are used to avoid any duplicity of the product and also to safeguard product category.
Service
A service mark is used to distinguish the services of an organisation rather than products. The service mark is used for intangible products.
Shape
The shape marks can be categorized in Trade Dress wherein, other than the logo, label, and other identifiable symbols; a product can also be distinguished based on its packaging.
Shape
The general meaning of pattern is a repetition of similar design, so it is a type of trademark wherein the pattern is able to distinguish the product and services of one brand from another.
Collective
Collective marks are linked with a group of people and not one single product or service. These kind of trademarks are primarily owned by a firm, institutes or any association that is related to several members.
Certification
Certification mark is created to display the standard of a company or organization i.e. it is to show that a trader's goods or services are certified as meeting particular standards.
Sound
Sound form of trademarks are the "mark" consist of sound graphics that distinguishes the products and services of one from the other. The notations of sound that are graphically represented can be registered as trademarks.
Colour
The colour combinations become the brand itself and become known by it for that particular product. The public tends to associate the scheme with the specific product.
Word
A word mark is a distinct text of the name of the company/product name for the purpose of branding. Thus it is specifically text based unlike a logo that represents a pictorial image.
Numbers
The number must be used as a brand for the product/service. For e.g. the number 5 must be used specifically for a line/class of products/services and must be identified by it in order to obtain the TM.
Device
A device is a printed/painted figure/design/character. They do not consist of any letters/words/numerals etc.
Packaging
All the contents featured on top of the packaging, i.e. the names, slogans etc. can be trademarked. This can stop a competitor from using a deceivingly similar packaging for their product.
Choosing a Brand Name for Trademark Registration
Best Practices on selecting a Brand name
All the contents featured on top of the packaging, i.e. the names, slogans etc. can be trademarked. This can stop a competitor from using a deceivingly similar packaging for their product.
Word or Logo Trademark?
Which one should you choose?
All the contents featured on top of the packaging, i.e. the names, slogans etc. can be trademarked. This can stop a competitor from using a deceivingly similar packaging for their product.
How to list on Amazon / FlipKart Brand Registry
Amazon and Flipkart require trademark ownership or a pending trademark application to ensure brand authenticity and prevent counterfeit sales.
-
1. Register or Apply for a Trademark
1 Hour / Mandatory Ensure your brand name is registered or a TM-A application has been filed.
-
2. Create a Seller Account
1 Hour / Mandatory Amazon: Register on Amazon Seller Central (Individual or Professional seller).
Flipkart: Register on Flipkart Seller Hub and complete GST, bank, and identity verification.
-
3. Brand Registry / Brand Approval
1 Hour / Mandatory Ensure your brand name is registered or a TM-A application has been filed.
Frequently Asked Questions
What is a Trademark
A word mark is a distinct text of the name of the company/product name for the purpose of branding. Thus it is specifically text based unlike a logo that represents a pictorial image.
Why should I register a trademark?
- Exclusive legal rights over the mark
- Brand protection against misuse
- Legal remedies for infringement
- Business goodwill and brand value
- Right to use the ® symbol
How do I check if my trademark is available?
A trademark availability search can be conducted on: IP India website, orQuick Company website and other professional trademark search platforms.
What is the process of trademark registration in India?
- Trademark search
- Filing of application
- Examination by Registry
- Reply to objections (if any)
- Publication in TM Journal
- Opposition period (4 months)
- Registration certificate issuance
How long does trademark registration take?
If no objections or oppositions arise, registration usually takes 6–12 months. If objections or oppositions occur, it may take longer (12–24 months or more).
What is the validity of a registered trademark?
A registered trademark is valid for 10 years from the filing date and can be renewed indefinitely every 10 years.
Can I use ™ without registration?
Yes. The ™ symbol can be used once you start using the mark or file the application.
The ® symbol can only be used after registration is granted.
What is a trademark class?
Trademarks are registered under 45 classes, for more information Trademark Classes:
- Classes 1–34: Goods
- Classes 35–45: Services
What happens if my application gets objected?
The Registry issues an examination report. A reply must be filed (usually within 1 month), and a hearing may be scheduled if required.
Can a trademark be transferred or licensed?
- Assigned (sold/transferred)
- Licensed to others
- Used for franchising or brand expansion
Is trademark registration mandatory?
No, but it is strongly recommended for legal protection and brand exclusivity.
How does trademark registration help in brand protection?
It helps:
- Assigned (sold/transferred)
- Build brand value and goodwill
- Enable legal action against infringers
- Support expansion and licensing
- Strengthen IP portfolio
Can startups and small businesses apply for TM registration?
Yes. Startups and MSMEs also receive government fee concessions, making trademark registration more affordable.
What is the validity of a registered trademark?
A registered trademark is valid for 10 years from the filing date and can be renewed indefinitely every 10 years.