Trademark Registration
Trademark Registration in India.
A trademark is a unique brand, logo, word, or symbol that identifies and distinguishes your products or services from others in the market. It helps build brand recognition and trust among consumers. Trademark registration in India, under the Trade Marks Act, 1999, protects your brand and gives you exclusive rights to use it. Skilled trademark consultants assist with the entire registration process, ensuring compliance with legal requirements and helping you secure your brand identity.
- Trademark Registration Filing in 3 Business Days
Legal Requirements for Trademark Registration in India.
The legal requirements for registering a trademark under the Trade Marks Act, 1999 are as follows:
- Graphic Representation
The desired mark must be capable of being represented visually. - Unique
The trademark should be distinctive enough to set apart the goods or services of one from those of others. - Purpose Defining
The mark should be used or proposed to be used in relation to goods or services to show a trade connection between the product or service and the rightful owner, with or without revealing the owner’s identity.
Trademark registration not only gives a brand a unique and recognizable identity but also protects it from misuse or fraudulent use, ensuring the brand’s exclusivity and trust in the marketplace.
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Who can apply for Trademark Registration
Any Individual Person
An individual who is not actively in business can file a trademark application and obtain trademark registration for the brand name/device) that the applicant expects to use in the future.
Shared Ownership
A firm’s joint proprietors can jointly apply for a trademark, with both names included in the application, allowing shared ownership and ensuring legal rights over the mark for both parties.
Partnership Firm
A partnership firm with up to ten members must include all partners' names in the trademark application. If there is a minor partner, the name of their guardian must also be mentioned.
Indian Corporation
Any Indian firm—private limited, public limited, or otherwise—must file the trademark application in the company’s name. As an incorporated entity has its own legal identity, a director cannot apply as the trademark owner.
LLP
The application for a Limited Liability Partnership (LLP) must be filed in the name of the LLP, a separate legal entity. Since the trademark belongs to the LLP, partners cannot apply individually. All partners’ names must be included.
Foreign Corporation
A foreign-incorporated firm applying for a trademark in India must use its registered corporate name as per its home country, mentioning the registration type, governing authority, applicable law, and the Indian address from where it operates its business.
Society or Trust
When filing a trademark application for a trust or society, the name of the managing trustee, chairman, or secretary must be mentioned in the application as the authorized representative of the trust or society.
Documents required for Trademark Registration
Applicant’s / Company Name
Business Type
Business Details
Brand/logo
Office / Business address
Process of Trademark Registration in India.
FAQs on Trademark Registration
A trademark is a unique symbol, word, phrase, logo, or design that identifies and distinguishes the goods or services of one business from another. It helps build brand recognition and trust among consumers. Registered trademarks give the owner legal rights to prevent others from using similar marks that may cause confusion. Trademarks can be renewed indefinitely as long as they are in use. In India, trademarks are governed by the Trade Marks Act, 1999.
A wide range of marks can be registered as a trademark, including words, names, logos, slogans, symbols, letters, numbers, colors, sounds, shapes, and even combinations of these elements. To qualify for registration, the mark must be distinctive and capable of identifying the goods or services of a particular source. It should not be generic, deceptive, offensive, or too similar to existing trademarks. In India, trademarks are registered under the Trade Marks Act, 1999, and must fulfill criteria set by the Registrar of Trademarks.
Yes, a registered trademark can be transferred or assigned to another person through a legal process called trademark assignment.
In India, the cost to register a trademark is â‚ą4,500 for individuals, startups, and small enterprises if filed online. For others, the fee is â‚ą9,000 per application per class. Additional charges may apply if filed through an agent or lawyer. Fees are subject to change as per government regulations.
In India, a registered trademark is valid for 10 years from the date of application. It can be renewed indefinitely for further periods of 10 years each by paying the prescribed renewal fee. Timely renewal ensures continuous protection of the trademark rights and avoids the risk of removal from the register.