Learn how to protect your brand name and logo in India — from a clearance search and class selection to filing the TM-A application, the examination stage, and final registration.
What a trademark protects
A trademark is a sign that distinguishes your goods or services from everyone else's — typically a brand name, logo, tagline or a combination of these. Registering it under the Trade Marks Act, 1999 gives you the exclusive right to use the mark for the goods and services you register it for, and the legal standing to stop others from using a confusingly similar mark.
Registration is a national right covering all of India for ten years, renewable indefinitely. It turns your brand into a transferable, licensable asset — something you can build value into, franchise, or sell.
Step 1 — Run a clearance search
Before filing, search the trademark register to make sure your mark is available and not identical or deceptively similar to an existing one. A proper search looks across the relevant class and related classes, and checks for phonetic and visual similarity, not just exact matches.
Skipping this step is the single most common cause of a wasted application. If a similar mark already exists, your application is likely to face an objection or opposition, and government fees are not refunded. A clean search report gives you confidence to proceed or a reason to tweak the brand early.
Step 2 — Pick the right class
Goods and services are divided into 45 classes under the NICE classification. You file in the class (or classes) that match what you actually sell. A clothing brand files in Class 25; a software product in Class 9 and often Class 42; a restaurant in Class 43.
Choosing too narrow a class leaves gaps in your protection; choosing the wrong class entirely can make the registration useless. Where a business spans several offerings, a multi-class application or several single-class filings may be appropriate.
Step 3 — File the application
The application (Form TM-A) is filed online with the applicant's details, the mark, the class, and a TM-48 authorising your attorney to act. Government fees are concessional — ₹4,500 per class for individuals, startups and MSMEs, and ₹9,000 per class otherwise.
The moment your application is filed and you have a receipt, you may start using the ™ symbol next to your mark. This signals to the market that you claim rights in the mark, even before registration is granted.
Step 4 — Examination, publication and registration
The Registry examines the application and issues an examination report. If there are objections — commonly under Section 9 (the mark is descriptive or non-distinctive) or Section 11 (it conflicts with an earlier mark) — you must file a reasoned reply, usually within 30 days, and may attend a hearing.
Once any objections are cleared, the mark is published in the Trade Marks Journal for four months, during which third parties can oppose it. If there is no opposition (or you win it), the mark proceeds to registration and you receive the certificate, after which you may use the ® symbol. The full journey commonly takes 12–18 months, but your rights date back to the filing date.