
Securing a trademark and logo is one of the first and most crucial steps for any business seeking to protect its brand identity. Whether you’re a startup, freelancer, or established company, trademark registration offers exclusive rights, legal protection, and builds customer trust.
This guide will walk you through eligibility, required documents, official portals, step-by-step registration, and post-registration compliances, with integrated SEO, FAQs, and internal links.
1. ๐งพ What is Trademark and Logo Registration?
A trademark is a recognizable word, symbol, design, or combination that distinguishes goods or services of one entity from another. This includes brand names, slogans, logos, sounds, packaging, and domain names. The Trademark Act, 1999 governs trademark registration in India.
โ A logo is a graphical mark or symbol that also qualifies as a trademark once registered.
2. โ Eligibility Criteria
Entity Type | Eligible for Trademark |
---|---|
Individuals / Proprietors | โ Yes |
Companies (Pvt Ltd / Ltd / LLP) | โ Yes |
Startups and MSMEs | โ Yes (with concessions) |
NGOs, Trusts, Societies | โ Yes |
Foreign nationals and companies | โ Yes |
๐ธ No turnover or income threshold is prescribed for trademark registration.
๐ธ Brand must be distinctive and not deceptive or offensive.
3. ๐ฏ Benefits of Trademark & Logo Registration
- ๐ก Legal Protection against misuse or infringement
- ๐ Brand Recognition & Credibility
- ๐ Global Trademark Filing via Madrid Protocol
- ๐ผ Business Asset that can be sold, franchised, or licensed
- ๐ท Use of ยฎ symbol once registered
4. ๐ Documents Required
- Logo or Word Mark (soft copy in JPEG format)
- Applicantโs Identity Proof โ PAN Card/Aadhaar/Passport
- Address Proof โ Electricity Bill/Lease Deed/Bank Statement
- Proof of Business โ Certificate of Incorporation, GST, MSME Certificate
- User Affidavit (for prior use claim, if applicable)
- Power of Attorney (TM-48) signed by applicant
- Email ID and Mobile Number for communication
- Signed Form TM-A for application
5. ๐ Trademark Registration Portal
Portal Name | Website |
---|---|
IP India (Controller General of Patents, Designs & Trademarks) | https://ipindia.gov.in |
6. ๐งท Step-by-Step Registration Process
Step | Description |
---|---|
1 | Visit https://ipindia.gov.in and navigate to โTrade Marksโ section |
2 | Conduct a trademark search at https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx to check availability |
3 | Prepare and upload documents including the TM-A form |
4 | File application online via Comprehensive e-Filing Services portal |
5 | Pay application fee (โน4,500 for individuals/MSMEs; โน9,000 for companies) |
6 | Application is assigned an acknowledgement number immediately |
7 | Examiner reviews the application (within 1โ2 months) |
8 | If no objection โ published in Trademark Journal |
9 | If no opposition for 4 months โ Trademark is registered |
10 | Receive Registration Certificate with TM Number valid for 10 years |
โฑ Time for approval: 6โ12 months (if no opposition)
๐ฐ Professional fees: Additional if filed through agents (optional)
7. ๐ Post-Registration Compliances
Compliance | Timeline | Mandatory | Priority |
---|---|---|---|
Trademark Renewal | Every 10 years | โ Yes | High |
Usage of ยฎ symbol | After registration | โ Yes | High |
Monitoring trademark journals for opposition | Regular | โ Yes | Medium |
Filing TM-P (if any rectification needed) | As required | โ Yes | Medium |
Responding to third-party objections | Within 30 days | โ Yes | High |
Enforcement in case of infringement | Ongoing | โ Yes | High |
8. ๐งฉ Trademark Class Chart (Simplified)
Trademarks are classified under 45 Classes. Common examples:
Class | Category | Examples |
---|---|---|
Class 9 | Electronics & Software | Apps, Computers, Gadgets |
Class 25 | Apparel | Clothing, Footwear, Headgear |
Class 35 | Business Services | Retail, Marketing, Advertising |
Class 41 | Education & Entertainment | Training Institutes, Media, Blogs |
Class 43 | Food & Hospitality | Cafes, Restaurants, Hotels |
๐ For full class list: Trademark Classification Guide (IP India)
๐ Internal and External Links
- Secure your business identity with MSME Registration
- Planning to export your product? Donโt miss IEC Registration
- Visit IP India Official Portal to track application status
โ Frequently Asked Questions (FAQs)
- Who can apply for a trademark in India?
Any individual, company, trust, or startup can apply. - Is it mandatory to register a logo separately from a brand name?
Not mandatory, but highly recommended for better protection. - How long is a trademark valid in India?
It is valid for 10 years from the date of application and can be renewed indefinitely. - Can I register a trademark without using it?
Yes, but you must submit a “proposed to be used” declaration. - What if someone objects to my trademark?
You can file a counter-statement and attend hearings, if required. - Can foreign nationals register a trademark in India?
Yes, foreign entities can register without Indian citizenship. - Is online trademark registration allowed?
Yes, the entire process can be completed online. - Do I need a digital signature for filing?
Yes, a valid Class 3 Digital Signature is required. - Can I transfer or sell my registered trademark?
Yes, it is a transferable intellectual property. - How to know if my brand name is already taken?
Conduct a free public search on IP India’s search portal
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