18 Feb

Anjali | IP Attorney - Corporate IP lawyer

Introduction

Registering a trademark in India is a crucial legal step for safeguarding a brand’s identity and commercial value. Whether you are an individual entrepreneur, a startup, an MSME, or an established company, trademark protection grants exclusive rights over your brand name, logo, or tagline.

In India, the process is completely online and administered through the official portal of the Controller General of Patents, Designs & Trade Marks under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017 (as amended). The system is designed to be transparent, structured, and accessible.

A trademark may consist of a word, logo, symbol, label, device, slogan, or any distinctive sign capable of distinguishing one business from another. Once registered, it becomes a statutory right, enabling the proprietor to prevent unauthorized use and to build enforceable brand value in the marketplace.

Below is a detailed yet practical step-by-step explanation of the online filing process.

1. Choose a Strong and Unique Trademark

The journey begins with selecting the right brand name or logo. It is important to choose something unique rather than descriptive or commonly used in the trade.

Using a term that directly describes your product may lead to objections. A creative, coined, or distinctive mark not only increases the chances of smooth registration but also strengthens brand recognition in the long run.

2. Conduct a Proper Trademark Search

Before investing time and money in filing, it is advisable to conduct a trademark search on the official IP India database.

This helps you check whether any identical or similar marks already exist in your chosen class. Even if a mark is not exactly the same, similarity in sound, spelling, or appearance can lead to objections.

A careful search at this stage significantly reduces future risks of opposition or rejection.

3. Select the Appropriate Class

Trademark protection is granted class-wise. India follows the Nice Classification system, which divides goods and services into 45 different classes.

You must file your application in the class that matches your business activity.

For example:

• Clothing falls under Class 25

• Business services fall under Class 35

• Educational services fall under Class 41

If your business covers more than one category, you may apply in multiple classes by paying separate fees. Choosing the correct class is essential to ensure proper protection.

4. Prepare and File Form TM-A

Once the mark and class are decided, the next step is filing Form TM-A online through the official e-filing portal.

The application requires:

• Name and address of the applicant

• Legal status (individual, startup, MSME, company, LLP, etc.)

• Clear representation of the mark

• Description of goods or services

• Date of first use (if already in use)

If filed through an attorney, a Power of Attorney must also be submitted.

The filing must be authenticated through a Digital Signature Certificate (DSC) or approved e-signature.

Careful drafting at this stage is extremely important, especially while describing goods and services, as errors can lead to objections later.

5. Payment of Government Fees

At the time of filing, the prescribed government fee must be paid online.

The fee structure differentiates between:

• Individuals / Startups / MSMEs (concessional fees)

• Companies / Partnerships / Other entities

Eligible startups and MSMEs can avail reduced fees upon submission of valid supporting certificates.

Since the fee is payable per class, applicants filing under multiple classes must calculate the total government fee accordingly. Once paid, the fee is non-refundable, even if objections are raised.

6. Acknowledgement and Application Number

Upon successful submission and payment, the system instantly generates an acknowledgement receipt containing the trademark application number.

This number is important because it establishes:

• The filing date

• The priority of the mark

From this stage onward, the applicant may use the ™ symbol to indicate that an application has been filed.

The ® symbol, however, can only be used after registration is officially granted.

7. Examination by the Trademark Registry

The Trademark Registry examines the application on both formal and substantive grounds.

If objections are raised, an Examination Report is issued. The applicant must respond within the prescribed time limit, providing legal submissions and supporting documents where necessary.

In certain cases, a hearing may also be scheduled.

8. Publication in the Trademark Journal

Once accepted, the mark is published in the Trademark Journal for public opposition.

The opposition period is four months from the date of publication.

During this time, any third party may oppose the registration.

9. Registration and Certificate

If no opposition is filed — or if opposition proceedings are decided in favour of the applicant — the mark proceeds to registration.

The Registration Certificate is issued electronically.

A registered trademark is valid for ten years from the filing date and may be renewed indefinitely.

After registration, the proprietor may legally use the ® symbol.

Timelines and Practical Considerations

While filing and acknowledgement are immediate, examination may take several months. Full registration may take one to two years, depending on objections or oppositions.

The online system provides electronic notifications at each stage, allowing applicants to track the status efficiently.

Although the process is user-friendly, the following factors are crucial:

• Accurate classification

• Proper drafting of goods and services

• Timely response to objections

• Procedural compliance

Even minor errors can cause delays. While individuals may file independently, professional assistance is often advisable in complex or contested matters.

Conclusion

Online trademark filing in India has evolved into a structured, transparent, and fully digital process that enables businesses of all sizes to secure legal protection efficiently.

However, successful registration depends not merely on filing an application but on adopting a careful and strategic approach. Selecting a distinctive mark, conducting a thorough prior search, identifying the correct class, drafting the application accurately, and responding within prescribed timelines are all critical to success.

Trademark registration is not just a procedural requirement — it is a valuable legal safeguard that strengthens brand identity, enhances commercial credibility, attracts investor confidence, and provides enforceable rights against infringement.

In today’s competitive marketplace, securing trademark protection is a prudent and forward-looking business decision that contributes to long-term growth, stability, and brand value.