A brand name or logo often becomes a business's most valuable asset. Registering it as a trademark under the Trade Marks Act, 1999 gives the owner the exclusive right to use it for the registered goods or services, and a clear basis to act against imitation.
1. Search before you file
A search of the Trade Marks Registry's records shows whether identical or similar marks already exist in the same or related classes. Filing without a search is a common reason applications run into objections.
2. Choose the classes
Goods and services are divided into 45 classes. An application must identify the classes and describe the goods or services; protection is limited to what is covered.
3. File the application
The application (Form TM-A) is filed online with a representation of the mark, the applicant's details and the date of first use, if any. Individuals, startups and small enterprises pay a lower official fee. Once filed, you may use the ™ symbol.
4. Examination
The Registry examines the application and may issue an examination report raising objections — for example, that the mark is descriptive or similar to an earlier mark. A reasoned reply must be filed within the time allowed, and a hearing may follow.
5. Publication and opposition
An accepted mark is advertised in the Trade Marks Journal. Any person may oppose it within four months of publication; the applicant then files a counter-statement and the matter proceeds on evidence.
6. Registration and renewal
If there is no opposition, or it fails, the mark is registered and a certificate is issued. Registration lasts ten years from the application date and can be renewed indefinitely. Only then may the ® symbol be used.
See our trademark registration service.
This article is for general information only and is not legal advice.
Written by
Adv. Manoj Kaushik
Advocate, High Court of Punjab & Haryana · Ph.D. (Law) scholar · Founder & Managing Partner, Kaushik Legal Nexus