Protect your brand name, logo, tagline or other eligible trademark in India. We help with trademark search, class selection, Form TM-A filing and application tracking. Registration is subject to examination and the applicable statutory process.
A trademark is a mark used or proposed to be used in relation to goods or services to distinguish those goods or services from those of others. Depending on the circumstances, a trademark may include a word, name, logo, device, combination of elements, shape, packaging, sound or another eligible mark.
In India, trademarks are governed primarily by the Trade Marks Act, 1999 and Trade Marks Rules, 2017. The Trade Marks Registry functions under the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM), Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry.
A registered trademark is generally valid for 10 years and may be renewed for further 10-year periods on payment of the prescribed renewal fee. Registration provides rights in relation to the goods/services covered by the registration, subject to the Act, limitations and applicable exceptions.
Subject to the Trade Marks Act and Rules, eligible marks that distinguish your goods or services can include:
Trademark classification follows the Nice Classification. There are 45 classes: Classes 1–34 cover goods and Classes 35–45 cover services. The correct class depends on the actual goods or services for which the mark is used or proposed to be used.
Class selection matters: examples above are illustrative. The exact class and specification should be selected according to the goods/services actually covered by your business.
Registration can strengthen your ability to protect and commercialize your brand within the scope of the registered mark.
The ® symbol should be used only after the trademark has been registered. It indicates a registered trademark.
Registration generally provides exclusive rights in relation to the registered mark and covered goods/services, subject to the Act and applicable exceptions.
A registered proprietor can pursue appropriate legal remedies against infringement, subject to the facts and applicable law.
A trademark can be licensed, assigned or used as part of a franchise or other commercial arrangement, subject to applicable law.
Eligible Indian applicants can use the Madrid System to seek protection in selected member countries. Each designated country applies its own law.
A registered trademark can become an important intangible business asset and may support licensing, investment and expansion activities.
Requirements depend on the applicant, mark, filing basis and goods/services. The following are common items; the final checklist is prepared after reviewing your case.
We search the available trademark records and review similar marks to identify potential conflicts and registrability concerns.
Free Initial SearchWe identify the relevant Nice class(es) and help define the goods/services specification for the application.
Class RecommendationWe prepare the new trademark application in the prescribed Form TM-A format along with the required information and applicable supporting documents.
Application PreparationThe application is filed through the official IP India e-filing system and the prescribed government fee is paid. An application number is generated after filing.
Online FilingThe Trade Marks Registry examines the application. If an examination report raises objections, a response may be filed within the applicable process and a hearing may be scheduled where required.
Authority DependentAfter acceptance/advertisement as applicable, the mark is published in the Trade Marks Journal. Third parties may oppose within the prescribed four-month period.
4 Month Opposition WindowIf the application completes the statutory process without a successful opposition, the trademark proceeds to registration and the registration certificate is issued.
Timeline Varies by CaseTM vs ®: The ™ symbol is commonly used to indicate a claimed trademark/application. The ® symbol should be used only after registration. Filing an application does not guarantee registration.
The actual timeline depends on the Registry, examination, objections, hearings, opposition and other case-specific events.
An examination objection or third-party opposition does not automatically mean that the application is finally refused. The appropriate response depends on the grounds raised, evidence and applicable law.
Issues may relate to distinctiveness, descriptiveness, generic character, prohibited matter or other grounds under Section 9.
Objections can arise where the proposed mark conflicts with earlier marks or rights and may create a likelihood of confusion.
A third party may oppose an advertised application within the prescribed four-month period. We can assist with the counterstatement and subsequent proceedings where engaged.
If a hearing is scheduled after examination, representation and legal assistance may be provided subject to the scope of the service engaged.
Trademark disputes can involve civil remedies for infringement and, in specified circumstances, criminal offences relating to false application or falsification of trademarks. The remedy depends on the facts and applicable provisions.
* Criminal penalty figures above relate to specified offences under the Trade Marks Act and are not a generic “fine for every trademark infringement” claim.
| Parameter | Self Filing | DigiFiling |
|---|---|---|
| Trademark Search | Manual search and interpretation | ✓ Search assistance and similarity review |
| Class Selection | Choose the class yourself | ✓ Business-specific class guidance |
| Application Form | Prepare and file yourself | ✓ Form TM-A preparation support |
| Documents | Determine requirements yourself | ✓ Case-specific checklist |
| Objection Response | Handle the process yourself | ✓ Assistance with examination response, where engaged |
| Hearing / Opposition | Manage proceedings yourself | ✓ Support available as per service scope |
| Status Tracking | Manual portal tracking | ✓ Application status updates |
Get assistance with trademark search, class selection, Form TM-A preparation and online filing. Registration remains subject to examination and the statutory process of the Trade Marks Registry.
