Author: Amiksha d/o Arun Mandaokar, RTMNU’s Dr. Babasaheb Ambedkar College of Law
In today’s business landscape—whether you run a physical shop, an office, an online business, sell on marketplaces like Amazon, Flipkart, Meesho, or operate your own website—building a brand identity is crucial. As soon as your business begins to grow, the first challenge you’re likely to face is brand imitation. To safeguard your brand name or logo from being copied, trademark registration becomes essential at the early stage of business. This article offers a comprehensive understanding of the trademark registration process in India, its cost, requirements, timeline, and practical tips.
What is a Trademark?
A trademark is a recognizable sign, symbol, word, phrase, logo, design, or a combination of these that identifies and distinguishes the goods or services of one business from those of others. It represents the brand identity and helps consumers recognize the source of a product or service.
Types of Trademarks
Product Marks: Used to identify goods or product that identifies and differentiates a specific physical product from others in the marketplace. Eg: Pepsi® is a registered trademark associated with soft drinks.
Service Marks: Used to identify services (not physical goods) provided by a company. Eg: FedEx® Service: Shipping and logistics services.
Color Marks: A color mark is a trademark where a specific color or combination of colors is used to identify a brand’s goods or services. Eg: Cadbury Purple (Pantone 2685C).
Word Marks: A word or group of words that uniquely identifies a brand. Eg: Google .
Sound Marks: A unique sound or tune associated with a brand. Eg: Nokia.
Generic Marks: Common or general names for products. Eg: Table for furniture.
In India, trademarks are governed by the Trademark Act 1999, and registrations are managed by the Intellectual Property (IP) India department.
Why Should You Register a Trademark?
Brand Identification: Helps customers to recognize and distinguish products or services from competitors.
Legal Protection: Gives the owner exclusive rights to use the mark and prevents unauthorized use by others. It Stops competitors from copying your identity.
Marketing and Promotion Tool: Strengthens brand image and aids in advertising and marketing campaigns.
Builds Customer Trust and Loyalty: Represents consistent quality and reliability, encouraging repeat purchases.
Creates Business Credibility: Becomes a valuable intangible asset that can increase a company’s overall worth.
Prevents Consumer Confusion: Ensures that customers are not misled by similar or counterfeit products.
Encourages Fair Competition: Protects honest businesses and discourages unfair trade practices.
Important Requirement: Choose a Unique Name/ Unique Logo
The most crucial step is selecting a brand name that:
Is unique and not identical or similar to an existing brand
Does not use common terms, like India, Delhi, state names, or generic words
Complies with Section 9 of the Trademark Act 199, which prohibits generic geographical or descriptive terms
A smart way to create a unique brand name is by combining letters, numbers, or personal elements (e.g., VA Delhi 86 based on initials and location).
Before filing, perform a trademark search on Google, IP India database and other software.
Trademark Classes – Understanding the Category System
There are 45 Trademark Classes in India:
Class 1–34 → Goods
Class 35–45 → Services
Your trademark must be filed under the correct class. If your business covers multiple goods/services, you may need to file under multiple classes, which increases the cost proportionally.
Example:
Legal services → Class 45
Clothing/Apparel → Class 25
Ways to File a Trademark Application
You can file your application in two ways:
1. Self-Filing
Requires a Class-3 Digital Signature Certificate (DSC)
You must handle searches, documentation, and objections
Suitable only for those with prior knowledge
2. Through an Agent / Attorney / Professional
No DSC required for the applicant
Professional handles objections, hearings, rectifications
Saves time, avoids costly mistakes
Documents Required for Registration
Document
Brand Name / Logo (JPG/PNG)
(Mandatory)
Aadhaar & PAN
(Identity and address proof)
DSC (if self-filing)
(Digital authentication)
MSME / Startup Certificate
(To avail reduced fees)
Company documents (if firm/company)
(Entity verification)
Government Fees for Trademark Filing
Applicant Type
Fee per Class
Individual / Startup / MSME
₹4,500/-
Private Limited / LLP / Foreign Company
₹9,000/-
Approximate Total Cost for Individuals:
➡ ₹8,000 per class (Govt fee + DSC + professional fee)
Stages in Trademark Registration
1.Application Filing (TM-A)
First, you begin with a preliminary search and application filing — you check the public register to see if a similar or identical mark already exists, then file an application (typically via Form TM-A) with required details like applicant name, mark representation, and class of goods/services.
2.Formality Check
Next comes examination by the trademark office: the Registrar reviews the application formally (are forms and fees correct?) and substantively (is the mark distinctive, not deceptive, and not conflicting with existing marks?). If there are no objections, the application is accepted; if there are issues, an examination report is issued and the applicant must reply (or request a hearing).
3.Publication in Journal
If accepted, the mark is then published in the official Controller General of Patents, Designs and Trade Marks (CGPDTM) Trademark Journal, giving public notice and allowing a period (usually four months) during which any third party may file an opposition against the registration. Finally, if there is no opposition, or if any opposition is resolved in favor of the applicant, the mark is registered and a Registration Certificate is issued , owner can use the ® symbol— granting the owner exclusive rights to use the mark (generally valid for 10 years, renewable thereafter).
How Long Does the Process Take?
Trademark registration in India is not instant. The complete process may take:
8–18 months, depending on objections, hearings, and publication stage.
However, once you apply, you may start using ™ immediately.
Use of Legal Jargon
A trademark, upon registration under the Trade Marks Act, 1999, becomes a statutory right. confers upon the proprietor exclusive rights, actionable through infringement proceedings, passing off remedies, and injunctive relief under Section 29 of the Act. Registration also creates a prima facie presumption of validity under Section 31, shifting the evidentiary burden onto the infringer.
The Proof
Governing Law: Trade Marks Act, 1999 & the Trade Marks Rules, 2017
Authority: Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM), Government of India
Key Takeaways
✔Register your brand early—don’t wait until growth invites copycats
✔Choose a unique, non-generic brand name
✔Understand the correct trademark class
✔Consider professional assistance to avoid objections
✔Trademark fees vary by applicant category and number of classes
✔ Use ™ after filing and ® only after registration
Case Laws:
1. M. Murali v. Sri Krishna Sweets Pvt. Ltd.
In this case, two brothers claimed rights to use the ‘Sri Krishna Sweets’ trademark, inherited from their father. The Madras High Court ruled that both brothers had equal rights to use the trademark, highlighting that disputes over family trademarks should be viewed as family disputes rather than mere trademark issues.
2. Amazon v. Happy Belly Bakes:
In this case, Happy Belly Bakes—a Bengaluru-based, women-owned bakery founded by Shisham Hinduja in 2008—successfully defended its trademark rights against Amazon. Although the bakery had been using the name “Happy Belly” since its inception and officially registered the trademark in 2016, Amazon began selling bakery and snack products under the same name, leading to consumer confusion and inquiries. Amazon attempted to justify its use through a trademark application filed by Tootsie LLC, arguing that its global presence differentiated it from the locally operating bakery. However, the court ruled that Amazon had infringed upon Happy Belly Bakes’ trademark, emphasizing that trademark protection applies equally to all businesses, regardless of size or market reach. After a four-year legal battle, Happy Belly Bakes prevailed, reinforcing the principle that even small enterprises can assert and protect their intellectual property rights against powerful corporations.
Conclusion
Trademark registration is not merely a procedural step; it is a strategic legal safeguard that protects brand identity, commercial reputation, and market goodwill. Trademark registration may seem lengthy and a bit expensive, but it is a one-time strategic investment that protects your brand from legal and commercial risks. Whether you’re a small seller or an emerging enterprise, securing your intellectual property ensures long-term brand exclusivity and recognition.
Frequently Asked Questions (FAQ)
1. Can I use my brand name before registration?
Yes. Once you file the application, you may use the ™ symbol.
2. When can I use the ® symbol?
Only after receiving the official Registration Certificate.
3. What happens if someone copies my trademark?
You may initiate infringement proceedings under Section 29, seeking injunctions, damages, and account of profits.
4. Do trademarks expire?
They are valid for 10 years and can be renewed perpetually.
5. Is registration mandatory?
No, but unregistered trademarks are protected only through passing off, which is harder to prove than statutory infringement.
