Trademark Registration

A trademark is a unique sign, word, logo, slogan or combination that identifies your goods or services and distinguishes them from others. Registering it gives you the legal right to use the ™ and ® symbols and take action against infringement.

After filing, the trademark goes through examination, publication in the Trademark Journal, and if no opposition is received, registration is granted. The total process typically takes 18 to 24 months, though examination can happen earlier.

Words, logos, slogans, device marks, colour combinations, three-dimensional shapes, sounds and even smells can be registered as trademarks if they are distinctive and not descriptive of the goods or services offered.

Trademarks are divided into 45 classes under the Nice Classification. Classes 1 to 34 cover goods and classes 35 to 45 cover services. You must file in the class that matches your business activity.

The government filing fee is Rs 4,500 per class for individuals and small enterprises, and Rs 9,000 per class for others. Professional fees for filing, drafting and follow-up are additional.

The TM symbol can be used once you file a trademark application, indicating that you claim rights to the mark. The ® symbol can only be used after the trademark is officially registered by the Trademark Registry.

Yes. The trademark examiner can raise objections if the mark is similar to an existing trademark, is descriptive, lacks distinctiveness or violates trademark law. A well-drafted response to the objection is often needed.

When the trademark examiner raises concerns about your application, an examination report or objection notice is issued. You must file a detailed reply addressing the objection within 30 days. Go2Comply prepares these replies.

During the publication stage, any third party who believes your trademark would harm their existing rights can file an opposition within four months of publication. Both parties then present evidence before the Trademark Registry.

A registered trademark is valid for 10 years from the date of filing. It can be renewed for successive periods of 10 years by paying the renewal fee. A trademark can last indefinitely with timely renewals.

Yes. Trademark applications are filed online through the IP India portal. Go2Comply handles the entire process including searching for prior marks, drafting the application, uploading documents and tracking status.

A trademark search checks whether an identical or similar mark is already registered in the same class. Conducting a search before filing reduces the risk of rejection and potential legal disputes with prior registrants.

Yes. Individuals, startups, businesses and even foreign entities can apply for trademark registration in India. Startups and small enterprises benefit from a lower government fee schedule.

A well-known trademark is one that is recognized widely across India in relevant sections of the public. Such marks enjoy protection across all classes regardless of whether they are registered in those classes.

Yes. A registered trademark can be assigned or transferred to another person or entity. Trademark assignment can be with or without goodwill and must be recorded with the Trademark Registry.

Trademark protects brand identifiers like names and logos used in commerce. Copyright protects original creative works like writing, music, art and software. Both can coexist for a logo design.

Company registration and trademark registration are independent. Just because a company is registered with a name does not give automatic trademark rights. You need a separate trademark filing to get brand protection.

A series trademark filing allows you to register multiple similar marks in a single application, provided the marks differ only in minor aspects like a number or slight variation. This is more cost-effective than filing separate applications.

If someone is using a name similar to yours in trade without registration, you may have rights under common law through prior use. However, registration gives stronger and easier-to-enforce protection. Consult a professional about your specific situation.

Yes. You can file a separate application for each class, or file a multi-class application. Filing in multiple classes ensures broader protection across your different product or service lines.