Trademark Registration

A trademark can be a mark, logo, name, symbol, letter, figure, or word that distinguishes your goods or services from others in the market. It helps customers easily recognize and trust your offerings while protecting your brand identity.

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In India, trademark registration is governed by the Trade Marks Act, 1999. Registering your trademark is essential, as it provides exclusive legal rights over your brand, including its use, sale, and production of goods or services.

A registered trademark creates a unique identity for your business, product, or service, setting it apart from competitors. It also becomes an intangible asset, safeguarding the trust and loyalty you’ve built with your customers.

Trademark registration grants you the legal authority to prevent misuse of your brand and take action against anyone attempting to copy or use a confusingly similar mark. With DigiAstra Consultancy Services, you can secure your brand efficiently and confidently, ensuring your business stays protected in the marketplace.

Trademark Process Overview

  • Once the application is filed, you can use the “TM” symbol immediately.
  • If there are no objections from the Trademark Registry, registration typically takes 6–8 months.
  • If objections arise, the process may extend up to 18 months.
  • Upon successful registration, the applicant receives a registration certificate and can use the ® symbol.
  • A registered trademark is valid for 10 years and can be renewed indefinitely.

Who Can Opt for Trademark Registration

Individuals

Entrepreneurs, freelancers, or sole proprietors can register a trademark even if they haven’t formally set up a company. For example, if an individual is launching a clothing brand, they can protect the brand name or logo under their own name.

Startups

New businesses entering the market can secure their brand early on. Trademark registration gives startups an edge by legally protecting their name, product, or service before competitors attempt to copy them.

Companies

Both private and public limited companies can apply for trademark registration to protect their brand identity. This ensures that the company’s name, logo, or tagline is exclusively theirs, building long-term recognition and trust in the market.

Partnerships & LLPs

Firms, whether traditional partnerships or Limited Liability Partnerships (LLPs), can register trademarks for their business name, slogans, or product brands. This helps create legal ownership and prevents disputes among partners or outsiders.

Legal Entities

Any legally registered organization—such as NGOs, educational institutions, or associations—can trademark their name, symbol, or logo to maintain authenticity and safeguard their reputation.

Established Businesses

Brands that are already well-known often expand into new products or services. By registering trademarks for these new offerings, established businesses prevent imitation and maintain their credibility in the market.

 

Trademark Classes (1–45)

Trademark ClassDescription
Class 1Chemicals used in industry, science, and agriculture; unprocessed artificial resins and plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for use in painting, decorating, printing, and art.
Class 3Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations; non-medicated soaps; perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions; non-medicated dentifrices.
Class 4Industrial oils and greases; lubricants; dust absorbing, wetting, and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
Class 5Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; medical plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Class 7Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines.
Class 8Hand tools and implements (hand-operated); cutlery; side arms; razors.
Class 9Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating, or controlling electricity; apparatus for recording, transmission, or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs, and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.
Class 10Surgical, medical, dental, and veterinary apparatus and instruments; artificial limbs, eyes, and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices, and articles for nursing infants; sexual activity apparatus, devices, and articles.
Class 11Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.
Class 12Vehicles; apparatus for locomotion by land, air, or water.
Class 13Firearms; ammunition and projectiles; explosives; fireworks.
Class 14Precious metals and their alloys; jewelry, precious and semi-precious stones; horological and chronometric instruments.
Class 15Musical instruments.
Class 16Paper, cardboard, and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paintbrushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks.
Class 17Rubber, gutta-percha, gum, asbestos, mica, and substitutes for these materials; plastics in extruded form for use in manufacture; packing, stopping, and insulating materials; flexible pipes, not of metal.
Class 18Leather and imitations of leather; animal skins, hides; trunks and travelling bags; umbrellas, parasols, and walking sticks; whips, harness, and saddlery; collars, leashes, and clothing for animals.
Class 19Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch, and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, ivory, whalebone, or mother-of-pearl; shells; meerschaum; yellow amber.
Class 21Household or kitchen utensils and containers; combs and sponges; brushes (except paintbrushes); brush-making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except building glass); glassware, porcelain, and earthenware.
Class 22Ropes and string; nets; tents, awnings, and tarpaulins; sails; sacks for the transport and storage of materials in bulk; padding, cushioning, and stuffing materials (except of paper, cardboard, rubber, or plastics); raw fibrous textile materials and substitutes therefor.
Class 23Yarns and threads, for textile use.
Class 24Textiles and substitutes for textiles; bed covers; table covers; household linen; curtains of textile or plastic.
Class 25Clothing, footwear, headgear.
Class 26Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.
Class 27Carpets, rugs, mats, and matting, linoleum, and other materials for covering existing floors; wall hangings (non-textile).
Class 28Games, toys, and playthings; video game apparatus; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Class 29Meat, fish, poultry, and game; meat extracts; preserved, frozen, dried, and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats.
Class 30Coffee, tea, cocoa, and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries, and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice.
Class 31Raw and unprocessed agricultural, aquacultural, horticultural, and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables; live animals; foodstuffs and beverages for animals; malt.
Class 32Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages.
Class 33Alcoholic beverages (except beers).
Class 34Tobacco; smokers’ articles; matches.
Class 35Advertising; business management; business administration; office functions.
Class 36Insurance; financial affairs; monetary affairs; real estate affairs.
Class 37Building construction; repair; installation services.
Class 38Telecommunications.
Class 39Transport; packaging and storage of goods; travel arrangement.
Class 40Treatment of materials.
Class 41Education; providing of training; entertainment; sporting and cultural activities.
Class 42Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Class 43Services for providing food and drink; temporary accommodation.
Class 44Medical, hygienic, and beauty care services; agriculture, horticulture, and forestry services.
Class 45Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

Procedure of Trademark Registration

  1. Brand Name Search
  • Select a unique and distinctive brand name.
  • Conduct a thorough search to ensure the name is not already registered or in use.
  • Consider inventing new words or combining existing ones to create originality.
  1. Filing a Trademark Application
  • Submit required documents online, including:
    • Business Registration Proof – Identity proof of directors/owners and business address, depending on business type.
    • Proof of Trademark Use (if applicable) – Sales invoices or other evidence showing brand usage.
    • Power of Attorney – Signed authorization from the applicant.
  1. Submitting the Application
  • E-Filing – Faster option with immediate acknowledgement through the government website.
  1. Examination by the Registrar
  • The Registrar reviews the application to ensure it meets legal requirements.
  • Checks that the proposed trademark does not conflict visually or phonetically with existing or pending trademarks.
  1. Publication in the Trademark Journal
  • If no objections are raised, the trademark is published in the Indian Trademark Journal.
  • A 4-month window is provided for the public to file any opposition.
  1. Opposition to a Trademark (if applicable)
  • If opposed, the Registrar sends the opposition notice to the applicant.
  • The applicant has 2 months to submit a counter-statement.
  • Evidence and arguments are submitted, followed by a hearing.
  1. Trademark Opposition Hearing
  • Both applicant and opposing party present evidence and arguments in a formal hearing.
  • The Registrar decides whether to accept or reject the application.
  1. Issuance of the Trademark Registration Certificate
  • If no opposition is filed, or if the Registrar rules in favor of the applicant, the trademark is officially registered.
  • The applicant receives the Trademark Registration Certificate with the Registrar’s seal.
  • The registered trademark can legally use the ® symbol.

Documents Required for Trademark Registration

Applicant’s / Company Name

Business Type

Business Details

Brand/logo/slogan name

Form 48 (Power of Attorney)

Email ID & Phone Number

MSME Registration / Udyog Aadhaar (optional)

Office / Business address

A trademark creates a unique identity that sets your business, product, or service apart from competitors. Once registered, it becomes your company’s intellectual property—an intangible asset that protects the trust and loyalty you’ve built with customers.

Trademark registration also grants you the legal right to take action against anyone attempting to copy or misuse your brand and prevents others from using an identical or confusingly similar mark.

Frequently Asked Questions About Trademark Registration

Trademark registration is the process of legally protecting a brand's identity, such as logos, names, slogans, or symbols, from unauthorized use by others. It is important for businesses to safeguard their brand assets, establish brand recognition, and prevent infringement.

Any individual, company, proprietorship, partnership firm, or legal entity that owns a trademark or intends to use a mark in commerce can apply for trademark registration in India.

The required documents and information include the trademark application form, details of the applicant, specimen of the mark, proof of claim of proprietorship, and power of attorney (if filed through an agent).

Various types of marks, including word marks, logo marks, device marks, slogan marks, three-dimensional marks, sound marks, and color marks, can be registered as trademarks in India, provided they fulfill the eligibility criteria.

Benefits include exclusive rights to use the trademark, legal protection against unauthorized use or infringement, enhanced brand reputation, easier enforcement of rights, and eligibility for statutory damages and remedies in case of infringement.

The validity period of trademark registration in India is ten years from the date of filing the application. It can be renewed indefinitely for successive periods of ten years by paying the renewal fees.