Table Of Content
- What is Trademark Registration?
- What Are the Requirements for Trademark Registration?
- What Are the Documents Required for Trademark Registration?
- What Is the Process of Registering a Trademark in India?
- How Much Does It Cost to Register a Trademark?
- How to Get a Trademark Certificate?
- What Are the Grounds for Refusal of Registration of a Trademark?
- What Is the Validity of a Trademark?
- How Long Do You Have to Renew a Trademark After Expiry Date?
- What Is the Cost of Trademark Renewal?
- Can I Add More Classes After Getting Trademark Registration?
- Conclusion
If you are a business owner in India, securing your brand identity is crucial. One of the best ways to do that is by registering a Trademark. A Trademark helps distinguish your products or services from others in the market, giving your brand Legal protection and exclusivity. But how do you go about it? This guide will take you through the Trademark Registration process in India, the requirements, fees, renewal process, and more, ensuring you have all the necessary information to protect your brand.
What is Trademark Registration?
A Trademark is a unique sign, logo, word, phrase, or combination that differentiates one company’s goods or services from another. When you register a Trademark, you obtain Legal rights to use it exclusively, preventing others from copying or using a similar mark.
For example, brands like Nike’s “swoosh” logo or McDonald’s golden arches are Trademarks that Legally belong to their respective companies.
In India, Trademarks are registered under the Trademark Act, 1999, and are regulated by the Controller General of Patents, Designs, and Trademarks (CGPDTM) under the Ministry of Commerce and Industry.
What Are the Requirements for Trademark Registration?
Before applying, ensure your Trademark meets the conditions for Registration of a Trademark. Here are the essential criteria:
- Uniqueness: The mark should be distinctive and not like existing Trademarks.
- Non-Descriptive: Marks that simply describe the product/service (like “Fresh Apples” for an apple-selling business) are difficult to register.
- Not Deceptive: The mark should not mislead the public about the nature of goods or services.
- No Offensive Terms: Vulgar, offensive, or religiously sensitive marks will be rejected.
- Not Prohibited: The Trademark should not be against public policy or national symbols.
What Are the Documents Required for Trademark Registration?
When filing for Trademark Registration online or offline, you need to provide the following Documents:
- Identity Proof (Aadhar Card, PAN Card, Passport): For individuals.
- Business Registration Proof (Company incorporation certificate, Partnership Deed, etc.): For companies or firms.
- Logo or Wordmark (if applicable): The image of the Trademark in JPEG format.
- Address Proof: Electricity bill, rental agreement, etc.
- Power of Attorney (TM-48 Form): If a Trademark agent is filing on behalf of the applicant.
What Is the Process of Registering a Trademark in India?
The procedure for Registration of a Trademark consists of several steps:
- Step 1: Trademark Search
Before applying, conduct a Trademark search on the IP India Website to ensure no similar Trademarks exist.
- Step 2: Filing the Application
You can file for Trademark Registration online via the Trademark Electronic Application System (TEAS) or offline by submitting Form TM-A.
- Step 3: Examination by the Registrar
The Trademark office examines your application to check compliance with the criteria for Trademark Registration.
- Step 4: Publication in the Trademark Journal
If approved, the Trademark is published in the Trademark Journal for opposition. If no opposition is filed within 4 months, the application proceeds to Registration.
- Step 5: Registration & Certificate Issuance
Once approved, the Trademark Registration certificate is issued, granting you exclusive rights.
How Much Does It Cost to Register a Trademark?
The government fees for Trademark Registration vary based on entity type:
| Application Type | Online Fee (INR) | Offline Fee (INR) |
|---|---|---|
| Individual/Startup/Small Enterprise | 4,500 | 5,000 |
| Other Entities (Companies, LLPs, etc.) | 9,000 | 10,000 |
| Other Entities (Companies, LLPs, etc.) | 9,000 | 10,000 |
Additional professional fees may apply if you hire a lawyer or Trademark agent.
How to Get a Trademark Certificate?
Once your Trademark is approved, you can download the Trademark Registration certificate from the IP India website. This certificate serves as official proof of your Trademark ownership.
What Are the Grounds for Refusal of Registration of a Trademark?
A Trademark application may be refused on the following grounds:
- Lack of distinctiveness: If it’s too generic or common.
- Like an existing Trademark: Could lead to consumer confusion.
- Offensive or ilLegal content: Contains prohibited words or imagery.
- Misleading information: Deceptive about goods/services.
What Is the Validity of a Trademark?
A registered Trademark is valid for 10 years from the date of application and can be renewed indefinitely every 10 years by filing a renewal application.
How Long Do You Have to Renew a Trademark After Expiry Date?
You can renew a Trademark within six months after expiry. If not renewed, the Trademark is removed from the register, and you may have to file for restoration, which involves additional costs.
What Is the Cost of Trademark Renewal?
| Renewal Type | Fee (INR) |
|---|---|
| Renewal before expiry | 9,000 (Online) / 10,000 (Offline) |
| Renewal with late fee (within 6 months) | Additional 4,500 (Online) / 5,000 (Offline) |
| Restoration (after 6 months) | 18,000 (Online) / 20,000 (Offline) |
Can I Add More Classes After Getting Trademark Registration?
Yes, but each class addition requires a separate application and payment. For example, if you initially register under Class 25 (Clothing) but later expand to Class 35 (Retail Services), you need to file a new application for Class 35.
Conclusion
Trademark Registration in India is a vital step in securing your brand identity. Whether you are a startup, an entrepreneur, or an established business, protecting your brand through Trademark Registration Online is a smart move. By understanding the procedure for Registration of a Trademark, the Documents required for Trademark Registration, and the government fees for Trademark Registration, you can ensure a smooth and successful Registration process.
If you’re unsure about handling the process yourself, consulting a professional Trademark attorney can be a great option to avoid Legal complications and delays. Secure your brand today—get your Trademark Registration Certificate and establish a strong market presence!
Suhani Sugandha – Legal Intern & Content Writer
Suhani is a legal content writer and researcher studying at the National University of Study and Research in Law, Ranchi. Specializing in simplifying complex legal concepts, Suhani creates clear, engaging, and well-researched content, including legal blogs, case analyses, research articles, and policy reviews. Passionate about making legal information accessible to all, Suhani bridges the gap between law and the public through informative and insightful writing. With a keen eye for detail and a strong legal foundation, She ensures accuracy and clarity in every piece, helping individuals and businesses navigate legal matters with confidence.