Registering a trademark with the Intellectual Property Office of India (IPO) takes about 12–24 months if there are no oppositions or errors in the application. Complex cases, such as those involving oppositions, may take up to 36 months.
The deadline for filing an opposition is 4 months from the publication of the application in the Official Trademarks Journal.
In India, you can register word marks, figurative marks, combined marks, three-dimensional marks, sound marks, color marks, and certification marks, provided they are distinctive. Marks contrary to public morality, religious values, or state symbols are prohibited.
The certificate is valid for 10 years from the filing date and can be renewed indefinitely every 10 years.
The owner has the exclusive right to use the mark commercially in India, prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $300–500 for one class of goods or services, including registration and publication fees. Additional costs may include legal services or fees for extra classes.
Use of the trademark is not mandatory, but non-use for 5 consecutive years after registration may lead to cancellation upon third-party request, as per the Trademarks Act of 1999.
If the trademark is not renewed within 10 years from the filing date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
A strong brand identity backed by a registered trademark safeguards your business against infringement and unfair competition. India, as one of the world’s fastest-growing economies and a major emerging market, offers vast opportunities for entrepreneurs and companies. Registering a trademark (TM) in India is essential for legal and secure business operations, ensuring exclusive rights to your brand in this promising market.
Trademark registration in India provides comprehensive protection for your brand’s identity, allowing you to establish exclusive rights to the use of your tm logo trademark and related branding elements. Here are key reasons why you should consider registering your trademark in India:
Protection from Copying and Unfair Competition: A registered trademark helps prevent unauthorized use or imitation by competitors, preserving your brand’s reputation and market share.
Exclusive Rights: Registration grants you the exclusive right to use the tm logo and trademark registered logo, legally barring others from similar use within the territory.
Increase Brand and Company Value: A registered mark is a valuable intangible asset, enhancing your company’s credibility and appeal to investors and partners.
Opportunities for Licensing and Franchising: Ownership of a trademark registration mark facilitates business expansion through licensing agreements or franchising models, generating additional revenue streams.
Legal Advantage in Disputes: In case of conflicts over brand ownership, a registered logo serves as strong evidence in legal proceedings, offering protection and enforcement power.
The process of obtaining a trademark registration in India involves several defined steps, governed by the Trade Marks Act, 1999, and overseen by the Controller General of Patents, Designs and Trade Marks.
1. Trade Mark Office Search
Before applying, conducting a thorough trademark name search is essential to ensure that your desired tm logo or trademark logo is unique and not already registered or restricted trademark in India. This reduces the risk of rejection due to conflicts with existing marks.
2. Filing the Trademark Application
The application can be submitted online or offline and must include details such as the applicant’s information, a clear representation of the tm logo trademark, and a list of goods or services classified under the Nice Classification system.
3. Examination by Trademark Office
The trade mark office conducts an examination to check for conflicts with prior registered marks and compliance with trademark law. The office may raise objections, which the applicant must address promptly.
4. Publication in the Trademark Journal
If no objections arise or after they are resolved, the trademark application is published in the trademark journal to allow third parties to oppose registration within four months.
5. Registration and Issuance of Certificate
If there are no oppositions or if oppositions are overcome, the trademark is registered, and a registration certificate is issued, confirming the applicant’s rights as a registered trademark owner.
Application form (TM-A)
Clear image of the tm logo trademark
Proof of business or identity of the applicant
Power of attorney if filing through an agent
Priority documents, if claiming priority from another jurisdiction
The process typically takes 12 to 18 months, depending on objections or oppositions. Once registered, a trademark in India is valid for 10 years and can be renewed indefinitely.
India’s trademark registry maintains a publicly accessible database for trademark name search, enabling businesses to check existing registrations and monitor potential conflicts.
Navigating trademark registration alone can be complex, especially for foreign applicants. Common issues include incomplete applications, missing documents, and failure to respond to office actions or oppositions, leading to delays or refusals. Professional guidance ensures compliance and smooth processing.
ProfitMark offers end-to-end support to simplify the trademark registration process:
Comprehensive assistance from application preparation to certificate issuance
Pre-filing trademark name search and uniqueness verification
Submission of documents without requiring your physical presence
Legal support for handling objections, oppositions, and disputes
Transparent pricing and guaranteed timelines
Over 13 years of experience in trademark registration services worldwide
Successful trademark registration cases in over 30 countries
International team of experts with deep legal knowledge
Personalized and professional client service
Fully online process for convenience and efficiency
Quality assurance with dedicated customer support
Do not delay protecting your brand—registering your trademark in India safeguards your rights and unlocks new business opportunities in a thriving economy. With ProfitMark, the trademark registration process will be straightforward, reliable, and transparent. Contact us today to secure the future of your business and brand!