What is a Trademark?

A trademark is a unique symbol, logo, word, phrase, or combination that identifies and distinguishes your goods or services from those of others in the marketplace.

It grants the owner legal protection and exclusive rights to use the mark, helping to safeguard brand identity and prevent unauthorized use.

Why Register a Trademark?

• Legal protection from infringement
• Exclusive rights to use the mark
• Builds brand identity and goodwill
• Asset for licensing/franchising
• Helps in legal remedies in case of misuse

Who Can Apply?

• Individual
• Startup / Small business
• Partnership Firm
• LLP / Company
• Trust / Society

Types of Trademarks You Can Register

Trademark Registration Process in India

1. Trademark Search (Optional but Recommended)
   • Why: To ensure the mark is unique and not already in use.
   • How: Search on the IP India Trademark Public Search
2. Filing the Trademark Application
   • Form: TM-A
   • Filed with: Trademark Registry (Online or Offline)
   • Fee:
     • ₹4,500 for individual/startup/small enterprise (online)
     • ₹9,000 for others (online)
3. Allotment of Application Number – Instantly generated upon filing; can be tracked via IP India portal.
4. Vienna Codification – Applicable to logo/device marks. Categorizes marks based on international classification.
5. Examination Report (Within 3–6 Months)
   • Issued by the Trademark Examiner.
   • May have objections under Section 9 (Descriptive/Non-distinctive) or Section 11 (Similar to existing marks).

Trademark Objections

Reply to Examination Report: Within 1 month; should contain legal grounds, proof of usage, and supporting documents.

Trademark Hearing (If Objection Not Resolved)

• Notice issued if reply not accepted
• Conducted by Trademark Officer (in person or video conferencing)
• Outcome: Accepted or Refused (can appeal to IPAB or High Court)

Publication in Trademark Journal

If accepted, the mark is advertised in the Trademark Journal for 4 months to allow opposition by third parties.

Opposition by Third Parties

• Can be filed within 4 months of journal publication
• Grounds include similarity, likelihood to deceive, or bad faith registration
• Process: Notice of Opposition → Counterstatement → Evidence → Hearing → Decision

Registration & Certificate

If no opposition or opposition decided in applicant's favor, the trademark is registered and a certificate is issued. Valid for 10 years, renewable indefinitely.

Renewal

Can be renewed 6 months before expiry using Form TM-R; fee is ₹9,000 (online) per class.

Important Documents Required

• For Individuals / Startups: Identity proof, Address proof, Logo (if any), Signed Form TM-48
• For Companies / LLPs: Incorporation Certificate, PAN Card, Logo (if any), Authorization letter, TM-48

Timeline for Complete Registration

Tips to Avoid Trademark Issues

• Always perform a thorough trademark search
• Avoid generic or descriptive names
• Select the correct class (based on NICE Classification)
• Consider professional assistance for filing

Frequently Asked Questions

1. Can I use ™ before registration? – Yes, as soon as the application is filed.
2. When can I use ®? – Only after registration is granted.
3. Is trademark valid outside India? – No, requires separate filing or Madrid Protocol application.
4. What happens if my trademark is opposed? – You can defend it through the opposition process.

Need Professional Help?

Lexclaws.com offers end-to-end trademark filing, objection replies, hearings, and renewals. Visit: www.lexclaws.com