Procedural Guide to Trademark Registration in India

Step 1: Conduct a trademark search

Before adopting or filing a mark, it is advisable to search the Trade Marks Registry records for identical and similar marks here:

https://tmrsearch.ipindia.gov.in/tmrpublicsearch/ 

The search should not be limited to exact matches. Phonetic (sound) similarities, similar spellings, visual similarities and marks covering related goods or services should also be considered. For instance, a mark ‘Zero’ and ‘Xero’ sound the same even though they are spelt differently, yet there may be a conflict between the two.

This can help identify potential objections and third-party conflicts before the brand is commercially developed. Please keep in mind if you develop a brand without a trademark search and subsequently there is a conflict, you may have to forego the brand name, leading to losses in inventory.

Step 2: Decide what should be protected

A trademark not only consists of your logo but also the distinct elements in the mark itself. Therefore, you should consider whether you want the mark as a whole to be registered or the smaller components as well. A tagline or a logo may be different from a word mark which is the name of the brand. For e.g. Nike is a word mark whereas the logo with a right tick is a distinct component, even though they may be written together on the merchandise. Both would require protection under separate trademarks.

For a brand name with significant commercial value, protecting the word mark may be particularly important because it can provide broader protection than registration limited to a particular stylised logo. The appropriate strategy depends on the nature and use of the brand.

Step 3: Identify the appropriate class of goods or services

The mark should be filed in the relevant Class or Classes corresponding to the goods or services for which protection is sought. Similar types of goods belong to a certain industry have been categorised into different classes. For instance, clothes are placed under Class 25 titled ‘clothing, footwear, headgear’. Your trademark has to be registered in a specific class of your choosing.

The description should be sufficiently accurate and commercially meaningful. Filing in an incorrect class or using an unnecessarily narrow description may limit the practical value of the registration.

A list of trademark classes is available here:

https://ipindiaonline.gov.in/trademarkefiling/UsefullDownloads/Class%20Details.htm

Step 4: Prepare the application and supporting documents

A trademark application generally requires details of the applicant, representation of the mark and specification of the relevant goods or services.

Form TM-A is the prescribed application form for registration of a trademark. The following documents are required for registration:

1.    Aadhar, Pan of the Proprietor

2.    GST Registration of Firm (if registering on behalf of a firm)

3.    Copy of the logo, preferably in black & white. In case the logo is not provided, the trademark application can be filed for the word.

4.    Signed Form-48. It is an authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.

5.    Identity Proof of the individual or Proprietor.

6.    Address Proof of the individual or Proprietor.

Depending on the circumstances, additional documents may be required, including a user affidavit and supporting evidence where prior use is claimed, or a power of attorney where applicable.

Step 5: File the application

The application is filed online through the e-filing system of the Trademarks Registry at https://ipindiaonline.gov.in/trademarkefiling/user/frmloginnew.aspx 

The application shall be accompanied by the fee for filing a trademark application. The official fee depends, among other things, on the applicant category, number of classes and nature of the application. The application may be filed under the Fast-Track regime where the fee is higher but the timeline is significantly reduced.

The fees for filing a trademark is as follows:

S. No.	Particulars	Fee Payable in INR
1.	Application for registration of a trademark/ collective Marks/ Certification Mark/ Series of trademark for specification of goods or services included in one or more than one classes. [FORM TM-A]	For physical filing	For e-filing
	Where the applicant is an individual/ startup/ small enterprise	5,000/-	4,500/-
	In all other cases	10,000/-	9,000/-
2.	For Fast-Track Trademark filing
	Where the applicant is an individual/ startup/ small enterprise	-	20,000/-
	In all other cases	-	40,000/-

Note: Timeline

The timeline for trademark registration in India generally ranges from 6 to 18 months or longer, depending on the examination process, objections, opposition and other procedural requirements. However, an Fast-Track Trademark Application can be filed by paying the prescribed fee, which prioritises the examination of the application and may significantly reduce the time taken for the registration process. Under expedited filing, the timeline reduces to 3 to 6 months.

The actual timeline remains subject to the application clearing all stages, including examination and publication, without any unresolved objections or opposition

Step 6: Examination by the Trade Marks Registry

The application undergoes examination by the Registry. The Registrar first considers whether the mark attracts any absolute grounds for refusal under the Trade Marks Act, 1999 such as vulgarity, morality, deception etc. Upon clearing this hurdle, the mark is examined with respect to other marks to ascertain if any similarity exists with other marks. If objections are raised, an examination report is issued and the applicant may be required to respond.

Step 7: Respond to objections, if any

Where an examination objection is raised, the applicant can file a response addressing the grounds of objection and supporting the registration of the mark. The applicant can file documentary evidence or advance legal submissions to support the registration.

The application should be monitored carefully throughout this stage to avoid abandonment due to failure to respond within the applicable period.

Step 8: Publication and opposition

If the application is accepted, it is published in the Trade Marks Journal. Third parties can oppose the application within the statutory period. Under the current procedure, the opposition period is four months from the date of publication. If no opposition is filed, the mark proceeds towards registration. If an opposition is filed, the applicant has to reply to the said objection along with supporting documents such as invoices showing prior use. If required, an oral hearing is conducted by the Registrar to hear the contesting parties and deliver a decision.

Step 9: Registration

Once the application clears the aforesaid stages, the trademark is registered and a registration certificate is issued.

Registration provides statutory rights to the proprietor in relation to the registered mark and the goods or services covered by the registration including exclusivity, assignment etc.