Your brand name is often the most valuable thing your business owns. Registering it under the Trade Marks Act, 1999 gives you exclusive rights across India and the ability to stop copycats.
1. Search
Before filing, search the registry for identical and similar marks in the same class. Skipping this step is the most common reason applications get objected to or opposed.
2. Filing
The application (Form TM-A) is filed online in one or more of the 45 classes. The government fee is ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 for others. From the filing date you can use the ™ symbol.
3. Examination
An examiner reviews the application and issues an examination report. If there's an objection, you have 30 days to reply, or the application is treated as abandoned.
4. Publication and opposition
Accepted marks are advertised in the Trade Marks Journal. Anyone can oppose within four months of publication.
5. Registration
If there's no opposition, or it's decided in your favour, the mark is registered and you can use the ® symbol. Registration lasts 10 years from the filing date and can be renewed indefinitely.
How long does it take?
Without objections or opposition, most applications are registered in 12 to 24 months. Your protection runs from the filing date, so file early.
This guide is general information, not legal or tax advice. Rules and thresholds change; speak to an expert about your situation.