Trademark Registration – Full Overview
A trademark is a distinctive sign, name, phrase, logo, symbol, or a combination used to uniquely identify the products or services of one entity from those of others. It serves as a brand representation and safeguards your business from imitation or unauthorized usage.
Example:
The Nike tick (✔️), the term ‘Apple’ for electronics, and the golden “M” used by McDonald’s are all examples of registered trademarks.
Why is Trademark Registration Necessary?
- Legal Rights: Grants exclusive ownership to use the mark legally.
- Brand Awareness: Aids in easy recognition of your offerings by consumers.
- Avoids Copying: Protects against others using identical or confusingly similar marks.
- Creates Value: Becomes a valuable intellectual property asset.
- Nationwide Coverage: Ensures protection across the country.
- Global Opportunities: Helps in international filing under treaties like the Madrid Protocol.
Example: If you own a fashion label named “ElanWear” and get it registered, no one else can legally sell apparel using the same or similar name.
Who Can Register a Trademark?
- Individual or Sole Proprietor
- Partnership Firms
- LLP (Limited Liability Partnership)
- Private or Public Companies
- Societies, Trusts, NGOs
Tip: It’s always best to secure your brand name/logo at the early stages of your business.
Various Types of Trademarks You Can Register
| Type | Details | Illustration |
|---|---|---|
| Word Mark | A combination of words or phrases. | “Amazon”, “Reliance” |
| Logo Mark | A graphical design or emblem. | Apple logo 🍏 |
| Slogan | A marketing phrase associated with a brand. | “Just Do It” – Nike |
| Sound Mark | A particular sound tied to branding. | Airtel tune 🎵 |
| Shape Mark | A unique product or package shape. | Coca-Cola bottle design |
| Color Mark | A specific color scheme used distinctively. | Tiffany Blue for jewelry |
| Combination Mark | Blend of words and design elements. | Burger King name + symbol |
Trademark Symbols: TM, ®, SM
- ™ (TM) – Indicates the mark is applied for but not yet officially approved.
- ® (R) – Used once the trademark is officially registered.
- ℠ (SM) – Refers to a service mark, used mainly for service-based businesses (commonly in the U.S.).
Example: “SkyNet™” suggests that a trademark application is in process. Once approved, it becomes “SkyNet®”.
Trademark Registration Procedure in India
The registration process includes the following steps:
1. Trademark Search
Conduct a prior search to ensure the desired mark isn’t already taken or pending.
Suggestion: Use the IP India portal or consult a specialist for a thorough search.
2. Selecting the Right Class
Goods and services are categorized into 45 classes (34 product-based, 11 service-related). Choose the correct class(es) before applying.
Example: Class 25 is for apparel, Class 42 for tech services, Class 41 for education.
3. Application Submission (Form TM-A)
Submit the trademark application with:
- Details of the applicant
- Brand name/logo
- Class of products/services
- First usage date (if already in use)
- Power of Attorney (if filed by an agent/consultant)
4. Application Number
You’ll receive a unique application number and can start using the ™ sign.
5. Vienna Codification
Applies to logos and images. This is an international classification system for figurative elements.
6. Examination Stage
The application is reviewed by the Trademark Office and may be:
- Accepted directly
- Objected on legal or technical grounds (e.g., similarity or lack of uniqueness)
7. Reply to Examination Report (If any)
A reply to any objection must be submitted within 30 days. If accepted, the application proceeds further.
8. Publication in Trademark Journal
The mark is published in the journal for 4 months to invite any public opposition.
- No Opposition: Proceeds toward registration.
- Opposition Filed: The applicant must present evidence and attend hearings if necessary.
9. Issuance of Registration Certificate
If unopposed, the mark is registered, and a certificate of registration is granted.
You can now legally use the ® symbol.
Trademark Duration and Renewal
Validity: 10 years from the filing date.
- Renewable: Can be renewed every 10 years indefinitely by filing Form TM-R.
- Example: A mark filed in 2015 will remain valid until 2025, unless renewed.
Required Documents for Trademark Filing
For Individuals/Proprietors:
- PAN Card
- Aadhaar Card
- Logo (optional)
- Signed TM-48 Form
For Companies/LLPs:
- Certificate of Incorporation
- PAN of entity
- Logo (if applicable)
- Signed TM-48 by authorized representative
- MSME/Udyam Certificate (for concessional fees)
Trademark Objection vs. Trademark Opposition
| Feature | Objection | Opposition |
|---|---|---|
| When Raised | During examination by Registrar | After mark is published in journal |
| Cause | Legal flaws like similarity or descriptiveness | Dispute by third parties over usage conflict |
| Resolution | Reply to report required | Legal response, evidence, and hearing needed |
Common Errors to Avoid
- Picking a common or descriptive brand name
- Skipping the pre-application search
- Filing under incorrect class
- Neglecting legal notices
- Using the ® symbol before receiving registration
Why Choose Us for Trademark Services?
- Experienced IP professionals
- Complete assistance from filing to certification
- Clear pricing with no hidden charges
- Filing within 24–48 hours
- Support for objections and opposition matters
- Optional trademark monitoring service
Frequently Asked Questions (FAQs)
Q1: Can I use ™ before registration?
A: Yes, once the application is submitted, you can use ™.
Q2: What if someone opposes my mark?
A: You will have to defend your mark through legal procedures.
Q3: Is it possible for a foreign entity to register a trademark in India?
A: Yes, foreign companies can apply under Indian law.
Q4: Can one application cover multiple classes?
A: Yes, multi-class applications are permitted though they cost more.