Trademark Registration in India: The Ultimate FAQ Guide

You can register a word, logo, symbol, slogan, sound, smell, or a combination of these that distinguishes your goods/services from others. Common examples include brand names (like "Nike"), logos (the swoosh), and taglines ("Just Do It").

No, it is voluntary. However, registration provides prima facie evidence of ownership and the exclusive right to use the mark nationwide. Without registration, you can only rely on "Common Law" rights, which are geographically limited and harder to enforce.

The ™ (TM) symbol can be used as soon as you file the trademark application. The ® (R) symbol can strictly be used only after the trademark is officially registered and you receive the Registration Certificate.

A registered trademark is valid for 10 years from the date of filing the application. It can be renewed indefinitely for consecutive periods of 10 years by paying the renewal fees.

No. Trademark rights are territorial. An Indian registration only protects you within India. For global protection, you must apply under the Madrid Protocol or file separate applications in each country.

Yes. Any individual, company, partnership firm, LLP, or NGO can apply for a trademark. You do not need to have a registered company to own a brand.

You typically need: 1) The logo/brand name image (JPEG), 2) Applicant details (ID proof), 3) User Affidavit (if claiming prior usage), and 4) MSME Certificate (to avail 50% discount on government fees).

If there are no objections, the process takes about 6 to 8 months. If there are objections or oppositions, it can take 18 months to several years.

Goods and services are categorized into 45 classes (1-34 for goods, 35-45 for services). You must apply under the class relevant to your business. For example, Coffee is Class 30, whereas Advertising is Class 35.

Generally, no. Descriptive or generic terms (e.g., "Best Pizza" for a pizza shop) are usually rejected because no single person should monopolize common words. Invented or arbitrary words (e.g., "Kodak" or "Zomato") are strongest.

An objection means the Trademark Examiner has raised a query (usually about similarity to existing marks or distinctiveness). You must file a legal reply (Examination Report Reply) within 30 days explaining why your mark should be accepted.

After your mark is accepted by the Registrar, it is published in the Trademark Journal for 4 months. During this time, any third party can "Oppose" your mark if they believe it hurts their brand. This leads to a legal battle.

Yes. A trademark is intellectual property and can be sold, licensed, or assigned to another party via a Trademark Assignment Deed.

You can file a civil suit for infringement seeking an injunction (stop order) and damages. Infringement of a registered trademark is also a cognizable offense under criminal law.

Yes, non-conventional marks like sound (e.g., the Nokia tune) or smell can be registered, provided they are graphically representable and distinctive.

No. Domain names and trademarks are separate. However, owning a trademark helps you win domain disputes (UDRP) if someone squats on your brand's .com domain.

Yes. You can file on a "Proposed to be Used" basis. This secures the name for your future launch.

No. The government fee paid at the time of filing is for the processing of the application and is generally non-refundable, regardless of the outcome.

Minor clerical errors can be corrected using form TM-M. However, substantial changes (like changing the logo itself) are usually not allowed; you may need to file a fresh application.

While you can file yourself, an attorney conducts a thorough "Trademark Search" to avoid rejection risks, drafts the application correctly to cover all classes, and handles complex legal replies to objections, significantly increasing your chances of approval.