Why trademark your brand?
Your brand name, logo, tagline, or even a distinctive colour is an asset — often your most valuable. Registering it as a trademark gives you the exclusive right to use it in the class of goods or services you operate in, and the legal muscle to stop imitators.
Benefits of a registered trademark
- 10-year protection, renewable indefinitely
- Exclusive right to use the ® symbol
- Legal remedy against infringement — damages, injunction, account of profits
- Becomes an intangible asset on the balance sheet
- Can be licensed, franchised, or sold
- Stronger case when expanding internationally via the Madrid Protocol
What can be trademarked?
- Words, letters, numbers (brand names like "Amul", "Tata")
- Logos and devices
- Taglines ("Just Do It")
- Shapes (the Coca-Cola bottle)
- Combinations of colours (Cadbury purple)
- Sound marks (the Intel chime)
- Smell marks (rare but possible)
What cannot be trademarked?
- Generic / descriptive terms ("Sweet" for a candy shop)
- Names identical or similar to existing registered marks in the same class
- Marks that are deceptive or offensive
- Geographical names (usually)
- National emblems and official hallmarks
The 45 trademark classes
Trademarks in India are registered under the Nice Classification — 45 classes covering every kind of product and service. You must choose the class(es) relevant to your business. A single application covers one class; multi-class applications are possible but each class is billed separately.
Step-by-step application
1. Trademark search
Search the Trade Marks Registry database and also Google and social media. Better to find conflicts before filing than get a objection 6 months later.
2. File the application (Form TM-A)
- Online via ipindia.gov.in
- Include: applicant details, mark image, class, description of goods/services, user date (if already in use), power of attorney if filed by an agent
3. Examination
The Trade Marks Registry examines the application — usually within 2–4 months. You receive an examination report with any objections (absolute or relative grounds).
4. Response to examination report
- You have 30 days to respond
- Draft a legal reply addressing each objection with evidence and case law
- If not satisfied, the examiner will schedule a hearing
5. Publication in the Trade Marks Journal
If accepted, the mark is published for 4 months. During this period, third parties can file an opposition.
6. Opposition (if any)
- Respond with a counter-statement within 2 months
- Both sides file evidence, and a hearing is conducted
7. Registration
If no opposition (or opposition is won), the Registrar issues a Certificate of Registration — valid for 10 years from the date of application.
Trademark fees (government)
| Applicant type | Fee per class |
|---|---|
| Individual / Startup / Small Enterprise | ₹4,500 (online) |
| Others (companies) | ₹9,000 (online) |
Professional fees are separate. Expect ₹3,000–₹10,000 depending on the consultant.
Common mistakes to avoid
- Skipping the search — leads to objections and wasted fees
- Choosing the wrong class — protects nothing your competitors are doing
- Filing in generic terms — "Best Coffee" cannot be monopolised
- Not responding to examination reports in time — application is abandoned
- Using ™ vs ® incorrectly — only ® for registered marks; ™ for unregistered
- Not renewing — registration lapses after 10 years if not renewed
- Not monitoring the journal — you might miss someone copying your brand
After registration: protect your rights
- Use the ® symbol on packaging, website, marketing
- Monitor new applications in your class and file oppositions where needed
- Maintain evidence of use — invoices, advertisements, social media posts
- Renew every 10 years
- File in other countries where you do business (via WIPO / direct filing)
Want your brand protected without the paperwork headache? Trademark it with Bizotic — we handle search, filing, responses and renewals.
