Intellectual Property

Trademark Registration

Protect your brand name, logo, and tagline under the Trade Marks Act, 1999.

Typically 12–18 months for an uncontested application to reach registration given Registry backlog; 24–36 months if opposed

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Overview

Trademark registration protects a brand name, logo, tagline, or symbol under the Trade Marks Act, 1999, giving the owner exclusive legal rights to use it and the ability to act against infringement. India follows a first-to-file system, so registering early — even before full-scale launch — protects the name from being claimed by someone else first.

Required Documents

Identity proof of the applicant (individual, partner, or director)
Address proof
Business registration certificate (incorporation certificate, partnership deed, or Udyam/MSME registration if applicable)
Signed Power of Attorney (Form TM-48) authorising the filing agent
Graphical representation of the trademark (wordmark/logo)
Details of goods/services and the applicable class(es)
Affidavit of prior use, if the mark is already in use

Process

Conduct a trademark search across all 45 classes to check for identical/similar existing marks

File Form TM-A online via the IP India portal with logo, applicant details, and class selection

Receive a unique application number — the ™ symbol can be used from this point

Vienna Codification for figurative elements like logos

Pay government-prescribed fees based on applicant type and number of classes

Trademark Examination by the Registrar — objections, if any, are raised at this stage

Respond to objections with clarification/evidence if raised

Publication in the Trademark Journal for a 4-month opposition window

If unopposed, registration certificate is issued (valid 10 years, renewable indefinitely)

Estimated Timeline

Typically 12–18 months for an uncontested application to reach registration given Registry backlog; 24–36 months if opposed. The ™ symbol can be used immediately after filing; the ® symbol only after registration.

Frequently Asked Questions

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