Trademark Registration in India

What is a Trademark?

A Trademark is any unique name adopted by organizations to represent their identity in the market. It helps the consumer associate the organization with its products and services.

The Name of a company or any names given to its products or services can be classified as a brand name. A brand name associates the goodwill that the organization or its products and services earn from the market with itself. It helps a seller differentiate its goods from that of its competitors. Trademark registration secures this brand name with its owner.

What can be registered as a Trademark?

Any word, title, symbol, heading, label, name signature, numeral or any combination thereof can be applied for Trademark Registration in India. Any Slogan, Base or Punch Line, etc. which are used to describe any product or service better can also be applied.

What are its benefits?

Once a Trademark is registered; the Company or Individual obtains rights over its usage in the Market. This secures its identity from being copied or infringed by anybody else in the same field of business.

It also gives exclusive right to the owner to use the name for his own company, products or services, or sell it to any prospective buyer. It protects the goodwill associated with the brand name of the organization, its products or services and helps secure it from rival competitors trying to cash on it by using malpractices.

Where is it registered?

The Trademark Application is made with the Office of Registrar of Trademarks, Controller General of Patents Designs and Trademarks, Trademark Registry of India. There are a total of 5 offices in India, each located in Delhi, Mumbai, Ahmedabad, Chennai and Kolkata covering the four sections of India geographically. Your trademark application is submitted in the office covering your jurisdiction geographically.

What is the validity of a trademark?

It is valid for 10 years from the date of application. Don’t worry! You don’t have to reapply for the entire registration process every 10 years. You can get it renewed 6 months before expiry by just paying the nominal renewal fees. You even get a reminder from the Trademark Registry itself telling you to renew it. If you keep renewing it you can keep the trademark with you for a lifetime.

When will I get the Registration Certificate?

Your brand name is applied for trademark within 24 hours from the time of receiving all of the required documents and payment. You can start using the ™ symbol alongside your brand name now. After about 12-18 Months, it gets registered and a certificate is issued to your address. You can start using the ® symbol after receiving the certificate. If your name has been given “Positive” in our free search report, don’t worry! Your application will get through to registration smoothly.

If you are in a hurry there is a provision to expedite the registration process by paying some extra fees at the Registry. Our executives will guide you further if you are interested!

A similar name is already registered? Will I be denied a Trademark Registration?

As per the Trademarks Act 1999, if you are using a certain brand name for many years, you can still be granted a Registration keeping in mind the goodwill attached with your name over the years. The best way is to apply right away and put forth your points in the process.

What is the difference between a Trademark and a Copyright?

I have a brand name and a logo, do I get it trademark or copyrighted?

As per trademark law, the best way to get a full protection is to apply for a Wordmark i.e. without a logo. We bly suggest you apply without a logo, as once the words are secured you may use any logo describing it.

If your logo has a design, we bly suggest you get a Copyright for it also. You can find more information about Copyright here

Should I include my logo in the Trademark Application?

As per trademark law, the best way to get a full protection is to apply for a Wordmark i.e. without a logo. We bly suggest you apply without a logo, as once the words are secured you may use any logo describing it.