Trademark Registration in India
A trademark can be a word, name, label, colour combination or numbers that are used by
businesses to differentiate their goods or services from other same goods or services made
in different businesses. For Nestle and Cadbury both are chocolates but have different
Trademarks in India are classified by the Controller General of Patents Designs and
Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are
registered under the Trademark Act, 1999 and give the trademark owner the authority to sue
for losses when infringements of trademarks happen. Registered trademarks are intellectual
property for business, they are used to safeguard the company’s investment in the brand or
symbol. Trademarks are necessary to get registrable if it is unique for the products and
services you give. The maximum of the businesses usually looks for registration of the logo
or name only. If you have come up with a unique idea or logo, then the only alternative to
save it as your own unique identity is to patent it. A registered trademark is your
business’s intellectual property or intangible asset. It serves as a protecting cover of the
company’s investment made in the logo or brand.
Once a trademark registration process is done, the R symbol can be used and the registration
will become valid for 10 years. After 10 years the trademark can be renewed, you just have
to apply for a trademark renewal application before the expiry date of your trademark.
TrademarkCart offers registration in various countries like the USA, Dubai, India, Sri
Lanka, Australia, New Zealand, Hong Kong, Singapore, UK and many more. We offer a quality of
trademark services like trademark filing, trademark search, trademark renewal, and patent
First-to-Use System: This identifies the rights of the first person to use a mark for
commercial purposes. The protection under this system is not very strong.
Intent-to-Use System: The use of the mark under this application must be shown within
5 years of the application. This does hold a few privileges, though
In the United States, it is not registration, but the exact use of a designation as a mark
that generates rights and priority over others. Thus, the rule is that ownership of a
trademark goes to the” first-to-use”, not the “first-to-file”.
What Can Be Trademarked?
A name including personal or surname of the applicant or predecessor in business or
the signature of the person e.g, the name Dhirubai Ambani can be trademarked.
A word which is not being directly descriptive of the character or quality of
the goods / service. For example Google is a word which has been
Alphanumeric or Letters or numerals or any combination thereof. For example 555
Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in
Sound marks in audio format. For ex the sound in the ad jingle.
Who Can Apply For Trademarked?
The person who can apply for trademark registration are :
An individual doing and not doing any business is also likely to file a trademark
application and get trademark registration for a word or symbol that is intended to
be used by him/her in the future. When filing the trademark application as an
individual, the full name of the applicant is needed.
In case 2 persons come together and choose to file a trademark application, then the
names of both the person must be specified on the trademark application.
In proprietorship firm filing a trademark application, the full name of the
Proprietor must be specified in the application. A business name or proprietorship
name is not adequate as the name of an individual. This is because a business name
or proprietorship name is more like an alias for the actual person and
proprietorship firms are not a separate legal entity. Still, if a proprietorship
name or business name is included in the application in addition to the name of an
individual applicant, those details will be taken separately.
In partnership firm filing for a trademark application, the names of all the partners
are necessarily needed to be specified in an application filed by a partnership
firm. Partnership firms are not viewed as a separate legal entity and hence, the
names of all Partners must be specified in the trademark application.
Limited Liability Partnership
A Limited Liability Partnership making a trademark application, the application for
registration must be done in the LLP name. An LLP being an incorporated body has its
own identity. Thus the partner by themselves cannot be the applicant.
Private Limited Company or OPC
In a private limited company or one-person company making a trademark application,
the application for registration must be done in the company name. A company is an
established body that has its status other than its directors, therefore a director
of the company cannot be the applicant, although the application can be signed and
presented by the Director or any officer, authorized by the company.
In the case of a foreign incorporated entity making a trademark application in India,
the application for registration should be made in its corporate name, as registered
under the foreign country. The nature of registration, country of incorporation and
the law under which the company is registered, are to be considered. If the foreign
company has no principal place of business in India, the applicant’s address for
service in India must be specified in the application.
Trusts or Society
If a trademark application is done on behalf of a Trust or Society, the name of the
Managing Trustee or Chairman or Secretary describing the Trust or Society should be
Procedure For Trademark Registration
Complete our trademark Form
You need to fill our simple online trademark application form & submit documents.
Conduct your trademark search
To make sure that unique logo name filed is available or not, Trademark Search is
executed by experts.
Select Appropriate Class
Depending on nature of your products, we shall suggest the appropriate class of the
Trademark Application filed
We create your Trademark application in 3 days and get your TM number.
Trademark registration completed
Your trademark is registered in 1.5 2 years if no competitor objects to your
Advantages of Trademark Registration
- Global Filling of Trademark: A trademark that
is registered and filed in India is allowed to be filed in other countries. Besides,
foreigners can also get a trademark registered and filed in India.
- Legal Protection: A registered trademark owner
has the legal right in case of violation i.e you dispute that your trademark is
repeated by someone else, you sue them for copying your logo, brand, name or
- Protection from Infringement : Filing a
trademark secures the trademarked object is not used without permission by any other
company or Individual. But, if the trademark is used by a 3rd-party without the
approval of the owner of the trademark, the owner can claim legal protection upon
the act and even sue the person or the company who made the wrong usage of the
- Exclusive rights: The owner of a registered
trademark will be capable to have exclusive rights over the trademark. The same
trademark can be practiced by the owner for all the products that fall under the
same classes. Having the sole rights on the product or services also allows the
owner to stop any kind of illegal use of the trademarked thing.
- Differentiating products: Trademarking helps
the consumers to find out about the products quickly. They can distinguish among the
different kinds of products as the products tend to build an identity for
- Promotes Goods and Services: Registering a
trademark establishes the face of the company or the goods and services. This helps
to distinguish and promote brand creation. Most of the companies get their status by
trademark so it meets a significant role in promoting and enhances the brand
Validity Time of Trademark Registration
Once a trademark application is registered, the applicant can start applying the TM symbol on
products or services. All registered trademarks are valid for 10 years from the date of
When the registered trademark validity times about to get expired apply for its renewal and
get your time extended.
An expired trademark can be renewed by Form TM-13 (Restoration & Renewal) after 6 months and
within 1year from the expiration of the last registration of the trademark.
At the end of the validity of a trademark, a trademark can be renewed simply by giving the
Government fee for registration within 6 months by Form TM-12 Renewal of Registration from
the date of expiry of the trademark.
Trademark search must be fulfilled before filing a trademark application to find possible
conflicts with existing trademark applications or registered trademarks. You can do a
trademark search by giving the wordmark and the class under which the search is to be done.
Trademark application is created under 45 different classes as per the NICE classification
for trademark. All of the trademark class represents a different set of goods and services.
In case you need to find the trademark class for a good or service, you can use our
trademark class finder tool. We provide an easy way to complete a trademark search through
this online tool.
Search you trademark in 3 simple steps
Complete our trademark form.
We will generate your Trademark application
Final Wrap-Up of your Trademark Order..
The Trademark Registry has listed goods and services under 45 classes. Your application must
specify the classes of the goods/services. The trademark will be registered under those
- Class 1-Chemical, unprocessed
plastics, chemical substances for preserving foodstuffs
- Class 2-Paints, varnishes, preservatives over rust, colorants and
metals in foil and powder form
- Class 3-Bleaching preparations, substances for laundry use,
cleaning, polishing, soaps, perfumery, essential oils, cosmetics, and hair
- Class 4-Industrial oils, greases, lubricants, binding
compositions, fuels and candles
- Class 5 –Pharmaceutical, veterinary preparations, sanitary
preparations, dietetic substances, and herbicides
- Class 6– Metals alloys, metal building elements, small items of
metal hardware, pipes and tubes of metal
- Class 7-Machines tools, agricultural implements, and incubators
- Class 8-Cutlery, sidearm and razors
- Class 9-Scientific equipment, electric equipment, photographic
equipment, measuring equipment, data processing equipment, and computers
- Class 10- Surgical equipment, artificial limbs, orthopaedic
items, and stitching materials
- Class 11– Equipment for lighting, steam generating, cooking,
refrigerating, drying ventilating and water supply
- Class 12-Vehicles and equipment for locomotion by land, air or
- Class 13-Firearms, ammunition, projectiles, explosives and
- Class 14-Precious metals, jewellery, precious stones, and
- Class 15– Instruments for music
- Class 16-Paper, cardboard, printed matter, stationery, brushes,
typewriters, office necessities and plastic materials for packaging
- Class 17-Rubber, asbestos, mica, plastics, packing of insulating
materials and flexible pipes
- Class 18-Leather, trunks and traveling bags, umbrellas and
- Class 19-Building materials and non-metallic rigid pipes for
- Class 20- Furniture, mirrors, picture frames, cork, shell,
- Class 21- Kitchen utensils, containers, combs, sponges,
semi-worked glass, and glassware
- Class 22 Cordage, Ropes, Nets, Awnings, Sacks,
- Class 23 Yarns, Threads products
- Class 24 Fabrics, Blankets, Covers, Textile products
- Class 25 Clothing, Footwear, and Headgear products
- Class 26 Sewing Notions, Fancy Goods, Lace and Embroidery
- Class 27 Carpets, Linoleum, Wall and Floor Coverings
- Class 28 Games, Toys, Sports Equipment
- Class 29 Foods – Dairy, Meat, Fish, Processed &
- Class 30 Foods – Spices, Bakery Goods, Ice, Confectionery
- Class 31 Fresh Fruit & Vegetables, Live Animals,
- Class 32 Beer, Ales, Soft Drinks, Carbonated Waters
- Class 33 Wines, Spirits, Liqueurs products
- Class 34 Tobacco, Smokers Requisites products
- Class 35-Advertising, business management and administration, and
- Class 36-Insurance, financial affairs, and real estate
- Class 37-Building construction, repair, and installation
- Class 38-Telecommunications.
- Class 39- Transport, packaging, storage of goods and travel
- Class 40- Material Treatments
- Class 41-Educating, giving of training, entertainment, sporting,
and cultural activities.
- Class 42-Scientific services, design services, technical
services, industrial analysis services, and research services and development of
computer hardware or software.
- Class 43-Services for giving food and drink
- Class 44 –Medical services, hygienic and beauty care,
agriculture, horticulture, and forestry services.
- Class 45-Legal services, security services, personal and social
For applying for trademark registration won’t work for the long-term. The trademark continues
to be valid for 10 years after that you need to file for Trademark Renewal. The renewal
application form must be made and filed before the deadline to have the seamless security of
the trademark without any risks of litigation. So, the suggested applying for registration 6
months before expiration.
Protection from Frivolous Litigation
It is likely to have seamless trademark security without any risks of litigation.
Renewal of trademarks makes hard for someone to have rights over it other than the
Expansion of Ownership Rights
You can get protection from infringement of rights over the brand name. The sole
rights over the trademark are maintained for 10 years after each renewal. So it
gives permanent security of your brand and goodwill made by the brand.
Brand Name Security
Renewal of trademark guarantees consistent and unhindered protection of the brand
name. Avoiding of renewal leads to a failure of legal protection in Brand name.
A trademark owner has the particular rights to allot or license the trademark to
someone else in return for some monetary benefit. Thus, one can earn a profit from a
registered trademark as well.
The application of renewal is done in form TM-12, executed by either the certified owner of
the trademark or an agent approved by him. You need to take the help of an expert to
register for the renewal of a trademark application to ensure that the mark is well
protected. This is because you may require to expand the scope of protection. After all, if
your brand has lasted 10 years, it’s possible that it will have discontinued the classes you
had 1st registered it under.
Filing a trademark renewal application extends protection by another 10 years. The trademark
registrations are relevant for another 10 years and renewed again before expiry.
FAQs on Trademark Registration
A trademark is a type of intellectual property comprising of a recognizable
symbol, design, or word which distinguishes products or services of a particular
source from those of others.
You can easily get trademark registration through our website trademarkcart.com
Our expert team will guide you about all the procedures and documentation
related to trademark registration.
The cost of registering trademarks starts from Rs. 6270/- in India. For other
countries, the prices vary.
The process to get trademark registration: Step 1: The first step is the choice
of a trademark. Step 2: The applicant must search the trademark records registry
and assures that the proposed trademark does not match or the same to the
registered mark. Step 3: The search can be done online or by the trademark
office. Step 4: It is advisable to discuss an experienced lawyer as they are
well-versed in their profession and are being prepared to conduct an exhaustive
Every applicant including companies will have to provide Id and Address proof of
the person or company registering for the trademark, a copy of the logo,
certificate of partnership deed and signed form-48..