Key points
- Do a search on the IP India database before filing; filing in the wrong class or over an existing mark wastes the fee.
- Government fee is 4,500 rupees per class for individuals, start-ups and small enterprises, and 9,000 for others, filed online in TM-A.
- Registration takes 12 to 18 months if unopposed; the mark can be used with TM from filing and with the registered symbol only after registration.
Step by step
- Search
Search the Trade Marks Registry database for identical and similar marks in the relevant classes, and check the market and domain names. Consider a wordmark, a logo, or both. - Choose classes
Goods and services are divided into 45 classes under the Nice Classification. File in every class in which you use or intend to use the mark within the next few years. - File TM-A
File online with the applicant's details, the mark, the class and description of goods or services, the date of first use or a proposed-to-be-used claim, and a user affidavit if prior use is claimed. Start-ups and MSEs pay the reduced fee. - Examination
The Registry issues an examination report within a few months raising objections under Section 9 (lack of distinctiveness) or Section 11 (conflict with earlier marks). Reply within 30 days with arguments and evidence; a hearing may follow. - Publication and opposition
If accepted, the mark is published in the Trade Marks Journal. Anyone can oppose within four months. Oppositions are decided on pleadings, evidence and hearing. - Registration and renewal
If no opposition succeeds, the registration certificate issues. It lasts ten years and is renewable indefinitely in ten-year blocks.
What makes a mark registrable
Distinctive marks that are not descriptive of the goods, not deceptively similar to earlier marks, and not prohibited names or emblems. Invented words and arbitrary marks are strongest; descriptive terms can be registered only on proof of acquired distinctiveness.
After registration
Use the mark as registered, record assignments and licences, watch the Journal for conflicting applications, and renew on time. Non-use for five years exposes the mark to cancellation.
Frequently asked questions
Can I register a trademark for a business that has not started yet?
Yes, on a proposed-to-be-used basis. Use should begin within a reasonable time after registration.
Is international protection available?
Yes, through the Madrid Protocol, filed through the Indian Registry designating the countries you need, based on your Indian application or registration.
Related practice area: Intellectual Property
This article is for general information and does not constitute legal advice. Laws, rules and limitation periods change and depend on the facts; please take advice on your own situation before acting. Reading this article does not create a lawyer-client relationship with Akhtars Legalitarian.