Guide: How to Register Trademark For Your Brand in India

How many cups of coffee and scribbles on a paper did it take for you to zero-in on your brand name? A dozen, right? Would you let some Tom, Dick or Harry walk away with that name and identity? Hell no! So to your rescue is trademark registration!
As an e-commerce platform helping small as well as big brands start their own online stores, we at Zepo, frequently come across entrepreneurs asking us about how to register their brands as trademarks. Which is why, today, within the course of this blog post, we’ll take you through on how to protect your brand’s reputation, by way of registering your brand as a trade-mark.
Before we start, what exactly does trade-marking a brand name mean?
Trademark registration of a brand name means nothing but brand name registration. It basically means, “this brand name is ours! And if you dare to use it to sell your products, we can sue you!”
In India, you can trademark any of the following or even a combination of these things:
Letter, Number, Word, Phrase, Logo, Graphic, Smell, Sound Mark or a Combination of Colors
So, what is the procedure of registering a trademark?
Step 1: Search for a “crazy-enough” brand name
You get the point, don’t you? Come up with a whacky and quirky brand name, because all the generic ones are any which way taken. Before zeroing in on one name, you might want to do a quick search to make sure that no one else is already using the name. And your best bet would be to use invented or coined words, in a combination with generic words.
Step 2: Making the trademark application
Now that your name is finalized upon, fill in the trademark application i.e. Form- TM 1. The application costs INR 3500 and is a one time fee.
Along with the application, you will need to submit a couple of supporting documents:
1. A Business registration concern: Depending on what type of a registered business you have, say sole proprietorship, etc. you will need to submit an identity proof of the directors of the company and an address proof.
2. An image of your brand logo in a standard size of 9 x 5 cms
3. If applicable, proof of claim of the proposed mark being used before in another country.
Step 3: Filling the brand name registration application
There are 2 ways to file the registration – manual filing or e-filling.
In case of manual filing, you will need to personally walk down and submit the application for registration to any one of the offices of the Registrar of Trade Marks located in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. After which you receive the acknowledgement of the application and the receipt, usually within 15-20 days of the filing.
But in e-filing system, the acknowledgement of the application is issued immediately.
And after you receive the acknowledgement, you can start using the (TM) symbol next to the brand name!
Step 4: Examining the brand name registration application
After receiving the application, the Registrar checks whether the brand name complies with the law and does not conflict or dispute with other existing registered or pending brands. That’s why we said, quirky brand name, people!
Step 5: Publication in the Indian Trade Mark Journals
After examination, the logo or brand name is published in the Indian Trade Mark Journal. If no one raises an opposition within 3 months i.e. 90 days or in some cases 120 days, from the date of publication, the brand name proceeds to acceptance.
Step 6: Issuance of the trademark registration certificate
If no one raises any opposition, within the stipulated 90 days period, the Registrar accepts the trademark application! Woohoo! And issues a Certificate of Registration under the seal of Trademark Registry.
You may now be allowed to use the registered trademark symbol (®) next to your brand name, once the certificate has been issued.
TrademarkThe whole process of registration of a brand name usually takes anything between 15-18 months. The trademark once accepted, is valid for a period of 10 years from the date of issuance of the Certificate of Registration. After the end of 10 years, the trademark will need to be renewed.
There there! We can understand if this sounds a little too over-whelming. In which case, just call up a lawyer. 🙂 The lawyer will be able to help you wade through all this legal jargon.
Although the process of registering a trademark is lengthy and a little heavy on the pocket, it is definitely worth the investment of legally protecting your brand.
However, if you are just starting out, investing in a trademark may not be absolutely essential. What matters most is creating awesome products and putting in all the time and effort into building your brand, from ground up. But, there still is another cheaper alternative to lend you lawful protection against being copied – an unregistered trademark. Do ask your lawyer about it!
Have any questions about trademark registration? Please feel free to drop in a line in the comments below, and we’ll have a discussion.


Are your products ready for sale? Don’t have a brand trademark yet? Well, it is not a pre-requisite to start an online business. Give Zepo a try and start your online store in the next 5 mins.



Yes, I’d Like to Start My Own Online Business



http://credit-n.ru/debitovaya-karta.html

About the author

Comments

    1. Hey Jimmy,
      The unregistered trademark does not cost anything. It’s just a matter of putting the TM symbol next to your brand logo or name. However, we’d advice you to get in touch with a lawyer to better understand the legal aspects of having an unregistered trademark.

      1. Even if I do not have a Pvt ltd company as of now, can I still register a brand and start a business?

  1. do I need to specify the type of firm/ company I am forming to register the brand name?

    1. Hey Preeti,
      There is no specification on the kind of company registration needed to get a brand name trademarked. You can very easily register your company as a sole prop. and get your brand name registered.

  2. before filing for an trademark application…. how can we find out whether that phrase has been already trademarked?
    is there any way to search online?

  3. I face problem while registerting or create a account on E-Filling Trademark Portal

    1. Hi there,
      As of now there are no other links available through which you may register online. In such a case, we suggest, filing for trademark through their offices will be the best case.

    1. Hi Sneha.
      The cost of registering a trademark in India, the cost will vary depending on your lawyer’s fee and other unforeseen costs. However,a conservative figure, including trademark application fee, to lawyer’s fee, to trademark search – should cost you around INR 10,000 – 20,000.

  4. Please inform me the renewal procedure of logo or trade mark.
    Mob.9427722042

  5. Hi,
    Thank you for the great article. If I were to file for a trademark online, what payment methods can I use? Would anybody be able to look up the trademark code on the government site to confirm that I own the trademark right away?
    Thank you in advance!

  6. Hi Mike,
    We don’t possess enough knowledge to help you with this. We advice you get in touch with a lawyer who’ll possess more information in this regard and would be able to guide you.

  7. sir i need help from ur said …any consultancy is there for band registration plz contact
    mr.Manjunath cell no 9886968926

    1. Hi Manjunath,
      Unfortunately, we don’t have any consultants on board. If readers here would be kind enough to share details with Mr. Manjunath, please do.

  8. HI, CAI I START SELLING MY PRODUCT WITH PARTICULAR NAME AND LOGO WITHOUT GETTING TRADEMARK CERT..

  9. Trademark Registration in India
    A TRADEMARK is a recognizable sign, design or
    expression which identifies products or services of a particular source from
    those of others. The trademark owner can be an individual, business
    organization or any legal entity.
    A trademark is typically a name, word, phrase,
    logo, symbol, design, or an image. The biggest benefit of getting trademark
    registration done is that the owner of the mark can commence legal proceedings for trademark
    infringement to prevent unauthorized use
    of that trademark.
    Need Help?
    Company India Advisors Private Limited
    Call : 09818092002
    Email : companyindiaadvisors@gmail.com
    http://companyindia.co.in/

  10. Hi Mike, one can use netbanking for online payment. One can access the Trade Marks website online to check status of ones trademark application (pending registration / registered).

  11. Annual Filling OF LLP
    FILLING OF ANNUAL
    RETURN
    Every LLP is required to file annual return by filling
    FORM-11. It is to be filed with ROC within the 60 days of closure of financial
    year i.e. it must be filled on or before 30th May, 2014 as last date
    of filling of annual return is 30th May, 2014.
    PENALTY ON
    NON-FILLING OF FORM-11
    If Form is not filled on time then you will have to bear
    penalty of Rs.100/- per day from the due date till it is filled. So, in order
    to avoid the penalty it is advisable to comply with requirements within the
    prescribed time limit.
    DOCUMENTS REQUIRED
    FOR FILLING OF FORM
    Form is required to be digitally signed by two designated
    partners. So DSC of two partners is required.
    Need Help?
    Company India Advisors Private
    Limited
    Call : 09818092002
    Email : companyindiaadvisors@gmail.com
    http://companyindia.co.in/

  12. Hi,
    I have some queries regarding the trademark. Can we select a trademark which is already taken but not in our service class?
    Have some more queries. Any contact please?

  13. Hi Saurabh,
    You most definitely can start a business with out registering for a trademark. Trademark is a safety net, not a pre-requisite to starting a business.

  14. Hi, I have a private limited company with all papers and bank accounts in place.
    Now i am thinking of starting my own clothing label with my own brand. So for legal stuff can i put out a brand name of my choice and associate it with my existing company. I need to understand if this is doable out right or do i need to go thru any legal formalities.?
    I do not want to trademark brand name at this stage.

  15. Hi Yash,
    The simple answer is yes. A company can have multiple brands under them. Further on, there shall be no issue when going in for a trademark. The registered company can hold multiple trademarks.
    For example: HUL holds multiple trademarks for their various brands. Most of the trademarks are held by Uniliver, which is the international parent company, and HUL pays royalty to them for use.
    Hope this helps answer your question.

  16. Hi I have a query regarding how to I check if my brand name have been taken or not by someone else . thanks

    1. Hi Anindita,
      You can search for your brand name online before applying for it as a trademark: http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
      If you don’t know the specifics for this search, we’re afraid but you’ll have to apply for a trademark to know for sure.
      Or you can try Googl-ing the name of your brand. If it’s taken by someone else, you figure out for yourself if they have ttrademarked it or not. If not, you can apply for one.

  17. if trade is registered in say class 17 and u want to registered the same in class-6 then u can registered the same trade mark regards arun

    1. Hi Arun,
      Apologies, but we don’t possess such in-depth knowledge about the trademarks. We’d suggest you get in touch with a lawyer to help you with the same.

  18. I have an interesting query. My company xyz pvt ltd is already trademark registered. So basically xyz pvt ltd is a brand?? Also I would like to created another brand under xyz pvt ltd. Say “new brand”. Now what’s the procedure to get “new brand” to be a registered brand name

  19. Hi Rohan,
    We aren’t much aware of this query. We’d suggest you get in touch with a lawyer, who’ll be able to better guide you with this and even help you file for a different brand name.

    1. Hi Abhishek,
      The page seems to have been taken down. And we couldn’t find a substitute e-filing link online.
      You can file for trademark for yourself, but we suggest you take some legal help to better understand the filing process and incase of any complication.

  20. Hi Sir,
    I am planning to publish a book myself (I will design cover and page layout). For printing i will approach a press. And I like to use a name as publisher like “XYZ Books” with a logo, both of whihc was not using by any other company. (You know if we wrote ‘Self published by Author’ on a book’s cover, nobody will buy it).
    So my doubt is, should I register the ‘XYZ Books’ (and logo) in any government agency, before printing my book? Or can I use that name and logo without registration. (I had arranged a mailing address at the nearest Post office for the “XYZ Books”)
    I may not print more in future with this same “XYZ Books” name. So why I should register this XYZ Books at govt agency??? Please reply me i am in real agony?
    (I am living in India)

  21. Hi Naga,
    Great initiative, there. Since you are planning to open up a publishing firm, we suggest you get the company registered. Although, you can go in for a sole proprietorship firm, which is the easiest and cheapest form of company registration to go forward with. And can be done at your nearest municipal corporation.
    This should be a safe bet and should protect you and your company against legal action, if any.
    Hope this helps.

  22. Hi Divya,
    Logo trademark and brand trademark are different things. You can go ahead with registering your brand without registering your logo. In such a scenario, only your brand name will be trademarked.

  23. Hi Divya,
    Company registration and brand trademark registration are separate things and don’t necessarily go hand in hand. So yes, you can go ahead and register a brand as a trademark without a registered business.

  24. Hi Shreevats,
    The registration of a trademark is only if the particular trademark is not similar to a pre-existing trademark. However, the Registrar of Company shall look at a few parameters before allowing or denying a similar sounding trademark.
    One of the parameters would be how well known the particular trademark is in India. For example: If you were to look at registering the trademark “apple” selling mobile phones or electronics then it would most likely not be allowed. Apple may have registered their trademark only in USA but since it is a very well known brand and there is awareness about this brand in India it would not get registered. (the trademark does not have to be known by the public at large; only by the relevant section of the public. For example a brand that is known only in industrial circles but not known to the general public)
    Another parameter would be how much the trademark holder has advertised its brand name and promoted itself within the geographical extent of India. Also if they have advertised their products that bear the trademark.
    Another parameter would be how well the particular trademark holder has enforced his rights as a trademark holder. This means that if the particular trademark holder has sued someone previously for violating their trademark then it is understood that they actively enforce their trademark rights.
    The above are relative grounds for refusal to register a trademark; this means that the Registrar can use his discretion to grant or not grant the trademark even if one of the above parameters exist. However there are situations where the registration of a trademark is strictly prohibited. One of the major reason for outright refusal of trademark would be if the applicant is doing so for the sole purpose of deceiving the consumer. We see candies or biscuits in the market with the similar colour/fonts/name as Cadbury’s or Parle. The aim here is to deceive the consumer to purchase the inferior product.
    Using “xyz solutions” might still be a bit of an issue because even then it could be seen as a deceptively similar trademark. Again it is the discretion of the Registrar to grant the registration. The Registrar of Trademarks is the deciding authority for the registering of trademarks in India.
    Hope this helps.

  25. Hi Rashi,
    Not much familiar with the procedure of going about it online. But opening your question to others here. Anyone else who probably knows should be able to help you along.

  26. Hey Vinay,
    The Copyright again is on the brand name i.e. Zepo and not http://www.zepo.in. There is no need to trademark or copyright a domain name, since one you buy it noone else can use the same domain name.
    Hope this helps.

  27. Hey Dr. Mittal,
    You can certainly do it for yourself. But we suggest you get a lawyer involved to guide you through the process and do the necessary paper work for you.

  28. Please contact us for any query on trademarks and brand names. We can also help you in getting yoour trademark registered. Call us at 9717004510

  29. Hi Ramesh,
    Thank you. We are glad that you liked it. To answer your questions,
    1) You will need 3 different applications for trademarks. However if you are just starting off, it is not advised, as it is an expensive process. When you business reaches a point where it can be copied, then you can go ahead and trademark it.
    2) For this query, we would advice you to get in touch with a person who deals with trademarks and understands all the nuances.

  30. Hi Puneet,
    Thank you for writing to us. We are afraid that we do not have expertise on registering trademarks in the US.

  31. Hi Praveen,
    If you have a Registered Trademark for a business, you cannot use the same trademark for another business.

  32. Pratiksha,
    Thank you for the compliment. We are glad that you found the article to be useful. So, to answer your question, a Registered Trademark is for your brand the brand in general. So in your case, even if your company is registered as XYZ, if you want your brand ABC to be trademarked, you will have to get a separate trademark registration for it. We hope this answers your question.

  33. Yes, you can register that name in a different class even if it is already protected/registered. ( Trademark system has 45 classes). It depends upon your businesses. Please call us at +91-9717004510 or email us at asianiplawyer@gmail.com if you have any more queries regarding trademark system.

  34. Hi Puneet, you can register your trademark in India as well as USA.Please call us at +91-9717004510 or email us at asianiplawyer@gmail.com if you have any more queries regarding trademark system in India & USA. In USA, trademark can be filed with USPTO.

  35. Hi Satheesh,
    Thanks so much for appreciation. Words like these keep us going. 🙂 Otherwise we think noone is reading us.
    About the trademark, as far as our expertise goes, and it’s not much, we’d suggest you’ll have to get a trademark in country. Coz the Indian registered trademark applies pan-India only.
    But there maybe something that we found for you. It’s called the Madrid protocol which allows your trademark to be protected in several countries just by filing for it in India. Here, you can read more about it – http://www.ssrana.in/Intellectual%20Property/Trademarks/Trademark-Madrid-Protocol.aspx
    Hope this helps.

  36. Yes Munish, after you get your brand name trademarked, noone else can use the brand name in India. Or else you can take legal action against them.

  37. Your trade mark can be a valuable business asset. Trade marks have come to represent not only actual goods and services, but also the reputation of the business. A trademark serves the purpose of identifying the source of origin of goods and services. For more information about trademark registration, visit http://www.dobizindia.com/trademark-registration/.

  38. HI
    I M NEW TO THIS FIELD.
    MAY I COME TO KNOW WHAT FEES TO BE CHARGE FROM CLIENT FOR TRADEMARK REGISTRATION.
    waiting for ur reply
    thanks
    CA SANDEEP CHHAJER

    1. Hi Sandeep,
      I think your answer with lie with the other CAs and your peers and not your customers. They’d rather say you do it for free. 🙂
      All the best for your venture.

  39. Hi Harsh,
    As per our knowledge, you can’t register generic terms like that. Also, to know more trademark registration in India, a lawyer would be your best bet.
    Hope this helps.

  40. Can i protect my software base product & procedure legally when we have Trademark registration?

    1. Hi Krish,
      We don’t have much expertise in this area. We suggest you get in touch with a intellectual property lawyer to help you in this regard.

  41. Hi Selvaganesh,
    If they have not already registered their brand name, then it shouldn’t be a conflict. But we’d still suggest you to get in touch with an intellectual property lawyer to know more.

  42. Hi Ashwini,
    You can get a brand name registered as an individual. However, we encourage you to consult an attorney or CA who would be able to guide you on the process.

  43. Hi Santosh,
    As long as the other products are not under a specific brand name, you can definitely sell them online. Firstly, we advise getting yourself registered. While company registration is not needed for selling online, it will make your entire process smoother.
    Secondly, you can apply for a Trademark registration for your brand. Here is one link for the same – http://ipindia.nic.in/tmr_new/first_schedule_forms/TM-1.pdf
    In terms of costing, we are not too aware of the same. So please do check when you are applying for your brand registration.

  44. Hi Uminder,
    If you mean a particular product that is sold by your retail store and nowhere else, then you can register it as a brand name.
    If you are referring to a trademark for the name of your retail shop, you can do that as well!

  45. I am going to launch my app as well as website. Do i have to register my logo.
    I am managing it individually so i am bit budget concern. Please suggest me any cheapest way to begin.
    Thanks in advance.

    1. Hi Mayank,
      If you are wondering whether to register your logo as a TM, you are not required to do so before starting your business. However, you should consider registering the logo and the business to protect your intellectual property and make your process smoother. If budget is a concern, I’d suggest you check out vakilsearch.com or notarymama.com. Both these companies can help you do the same at a reduced cost.

  46. It is not necessary to use a lawyer, however an expert lawyer can help you clear all the hurdles and save you time in the long run.

  47. Hi Kodish,
    Unfortunately, we are not experts and we cannot give you advice on which class is better for a TM. I’d encourage you to check with a good CA or Lawyer to get the best answer.

  48. Nice wrote,
    I want to add some points that before starting a startup, small business, or any type of business it is advisable that you must search trademark in the database of ipindia.
    Enter your wordmark or Vienna code in the search query with appropriate Class number.
    Best regards.
    Mr. Lokesh
    technowritings.com
    admin@technowritings.com
    Expert in Intellectual Property Rights.

  49. The concept of generic is with respect to goods and services provided under the trademark.
    e.g Hexagon for clothing brand in my opinion is not generic for clothing as it doesn’t lead a consumer to think that it is for clothing. Vis-a-vis a trademark for ‘paani’ for water bottles may be considered to be generic as it is defining the goods and services provided under the trademark.
    You can file as many trademarks as you want under a single company. There is no need for forming an entity.
    If you are looking for further help from a trademark professional, please visit our constantly evolving research of the top trademark professional firms in India at http://www.zatalyst.com/trademarks/.

  50. Thanks for your blog, it was really helpful but I have some query, like if I have registered a brand and now I want to start its extension so do I need to register that extension again or will do without nay registration (like company name is tech and registered brand with name x(tm) and stared series x-a or x-b so do I need to register a and b again?

    1. Hi Bunny,
      Our expertise is mainly in online websites and e-commerce. We would not be able to advise you about the minute details of brand registrations. We encourage you to seek out a Trademark Lawyer to get these queries answered. I wouldn’t want to pass on the wrong information.

  51. You can register a trademark for the name and logo of your products. The process would be similar to this. We suggest that you approach a Trademark lawyer if you wish to know more regarding this.

  52. Hi, could you please provide me the answer..? As I havne’t received any. Thanks…

    1. Hello, apologies for the delayed response. While you can get a trademark registered as an individual, it would be best if you get in touch with an intellectual property lawyer or firm who can guide you through this properly. Or you may get in touch with VakilSearch and they can help you out with that.

  53. Hi Shantanu, from our understanding, the registration of the company for Sales or Service tax is completely separate from the trademark registration.
    However, it would be best if you consult an Intellectual Property lawyer or get in touch with VakilSearch for this query.

    1. dear. you did not get my question. I said my wife’s business does not have any company regn as such like sales tax/ service tax or anything else. I am asking you about brand registration only on which you have posted here. When i go to do this online on the IPR site it asks for new registration and there it asks for party code. I am asking you what is that party code ? How do I get it or how do I bypass that?
      Since you have taken the trouble of posting this guide what is the point of now directing us to some IPR lawyer? All i am asking you is what that code is so I can do it myself. If I have to a lawyer then why will I read you post my dear? Thanks

      1. Hi Shantanu, Party Code is a term that we’ve come across for the first time while filing a trademark. Since you haven’t mentioned which IPR site is asking you for these details, it may refer to the agent number. The reason why we suggested that you consult with a trademark agent is because IP is a very exhaustive field and it is always recommended to have a professional with you. Our post is only for the purpose of guiding you through the process and is not a one stop guide. 🙂

      2. Hi Shantanu,
        The trademark office uses a unique number system to identify an applicant or agent. Every applicant or agent has to register initially on the system to generate a party code for themselves.
        Once, the party code is generated, it is used to ensure that there is no mistake in assigning applications to an applicant or their agent.
        You simply need to select your party type as applicant and fill the details requested about the applicant to generate the party code number.
        PS for mods: For some reason the last two responses were not published. Not sure why they have been approved after such a long time.

  54. I want to sell my product in a retail store. Products are leather accessories, What are the labels or statutory requirements ?

    1. Hi Sherman, you can operate the business as an individual or as a registered company. You will need basic government issued documents like a PAN card, Aadhar card in case of individuals OR address proof of the business in case of registered companies. Other than this, you will need a bank account, either current or savings for the payments and COD remittances.

  55. Hi Manan, when you create an original material, you can use a trademark sign to protect it from infringement and also to leverage it to commercialize. Under Indian intellectual property laws, it is upto your discretion whether to register the trademark with them. If you decide to not register with the Indian Patent and Trademarks office, you need to use the Unregistered Trademark Sign – TM. In case you register it, you can use the Registered Trademark sign – R. Registering a trademark is usually advisable as it is a recognition from the Indian Patent and Trademark office that the material is original. At the time when you take action against infringement, you do not have the onus of proving the originality and ownership of the trademark whereas this has to be done in case of an unregistered trademark. Also, trademarks are territorial. You will need to check with the Indian Patent and Trademarks office on the geographical applicability of your trademark.

  56. Can we register our trademarks for future?
    I mean can we register it without starting any business and use it in future.

    1. Hi Nadeem, you can protect a tradename by registering it now to be used later. Thanks for getting in touch!

  57. Hi Veeresh, you can very well start off the business without registering for a trademark. However, it is best that you register for one since this helps bring a trustworthiness factor to your brand and prevents others from piggy-backing on your brand collateral.

Comments are closed.