If you're planning to expand your business to India, protecting your brand from day one is essential. Understanding how to register a trademark in India allows you to legally secure your business name, logo, product label, or tagline- all key assets that carry your brand identity.
In 2023, the United States Patent and Trademark Office (USPTO) received 737,018 trademark application classes for registration, reflecting a continued emphasis on brand protection among U.S. businesses. However, it's important to note that U.S. trademark registration only protects your brand within the U.S. If your business is expanding to India, you'll need to register in this country to protect your brand.
A registered trademark helps prevent misuse or imitation and gives your business a competitive edge in one of the world’s fastest-growing economies.
Whether you're a U.S.-based startup, small business, or service provider aiming for long-term growth in India, this guide breaks down the process, timeline, and key requirements to help you navigate trademark registration clearly and confidently.
A trademark is a unique word, symbol, phrase, design, logo, or any other distinguishing mark that represents the identity of a brand, product, or service. It serves to protect the brand from being copied or misused by others.
Trademarks help distinguish a brand’s offerings from those of its competitors, making it easier for consumers to recognize and trust the brand. This could include anything from a logo or tagline to a specific product design, all of which contribute to a brand's unique identity in the market.
Now that you know what a trademark is, let’s look at how registration turns your brand element into a legally protected asset.
Trademark registration is a legal process that grants a business exclusive rights to use a particular name, logo, symbol, or phrase in connection with its products or services. For U.S.-based entrepreneurs expanding to India, understanding the framework behind trademark protection is essential to safeguarding your brand identity in a new market.
Before you start the registration process, make sure you meet the eligibility criteria. Here's who can register a trademark in India and what’s required.
Before learning about the trademark registration process, it is essential to ensure that your trademark meets the eligibility criteria and requirements set forth by the Indian Trademark Office. This will ensure your application is successful and your trademark receives the necessary protection.
Under Section 18(1) of the Trademarks Act, 1999, any individual or entity that intends to use a trademark in India for their goods or services can apply for registration. This includes:
Section 18(1) highlights that the applicant must either be the owner of the trademark or have the legal right to use it. The applicant must also ensure the trademark is intended for use about goods or services in India.
This requirement ensures that the trademark is not registered merely for speculative purposes but with a genuine business intent.
To be eligible for trademark registration in India, your mark must meet the following criteria:
To proceed with registering your trademark in India, you will need to submit specific documents, which typically include:
Identify the type of trademark you wish to register:
Also Read: 9 Crucial Legal Documents Needed for your Business
With the groundwork laid, let’s walk through the trademark registration process step by step from verifying eligibility to applying.
If you're looking to register a trademark in India, it's important to understand the entire process to ensure your brand is legally protected. Below is a detailed guide to help you navigate through each step of the trademark registration process:
Before you begin the trademark application process, it’s essential to determine whether your trademark meets the eligibility criteria outlined under the Trademarks Act of 1999.
To assess eligibility, ask yourself whether your trademark is unique and can clearly identify your brand. Ensure it is not too similar to a competitor's trademark or a name already in use in your industry. It’s crucial to conduct a thorough trademark search before moving forward to avoid potential conflicts.
Check above to read the complete eligibility criteria.
Once you've ensured that your trademark meets the eligibility requirements, the next critical step is to conduct a trademark search. A comprehensive search helps determine whether a similar or identical trademark already exists in the Indian marketplace.
You can perform this search through the Trademark Electronic Search System (TESS) on the official Intellectual Property India website. The search should include:
A thorough search will reduce the likelihood of facing an objection later in the process and save you time and effort in the long run. If you need assistance with a comprehensive trademark search or want to ensure your trademark application is error-free, consider reaching out to VJM Global for expert guidance.
Getting your trademark application right from the beginning saves time and reduces the risk of rejections or objections. Here’s how to prepare a solid application:
Before filing, you must choose a trademark that is:
Once you finalize the trademark, you need to identify the appropriate class under the Nice Classification (NCL) system. There are 45 classes in total:
Accurate classification ensures proper legal protection and reduces the chance of objections.
To support your trademark application, gather the following documents:
Form TM-A is the official application form for trademark registration in India. It can be filed online via the IP India e-filing portal or offline at the Trademark Registry.
Key details to be filled in Form TM-A:
The form also requires selecting the appropriate fee category (individual/startup/small business vs others), as this affects the total cost of registration.
Individual/Startup/Small Business:
Others (Companies, Firms, etc.):
Once you’ve chosen your trademark, gathered your documents, and completed Form TM-A, it’s time to officially file your application. Here’s how the process unfolds:
You can file a trademark application in India using two methods:
Tip: Online filing is highly recommended due to speed, convenience, and real-time application tracking.
For online filing, a Class III Digital Signature Certificate (DSC) is mandatory. This ensures security, authenticity, and validation of your online application.
Trademark registration in India is done online through the Controller General of Patents, Designs, and Trademarks (CGPDTM) website.
Steps for e-filing:
After you file the application, it will be examined by the Trademark Examiner appointed by the CGPDTM. During the examination process, the examiner checks whether your application complies with the legal requirements and does not conflict with any existing trademarks. The examination report may include:
If objections are raised, you will need to address them. You can submit a response to the examination report within a specified time (usually 30 days). This could involve providing additional evidence or making amendments to your application.
If the application is accepted after examination, it is published in the Trademark Journal. The publication is meant to notify the public about your trademark application. This publication allows third parties to oppose the registration of the trademark if they believe it infringes upon their existing rights.
The opposition period is generally four months from the date of publication. If no objections are raised during this time, the application moves to the next step. If there are objections, the applicant must respond within two months.
In case an opposition is raised, you must respond within two months of receiving the opposition notice. This response typically includes a counter-statement, which argues that the opposition is invalid and the trademark does not infringe on any existing rights.
The Registrar will review the opposition and your counter-statement. If the opposition is found to be invalid, the trademark will proceed to registration. If the opposition is upheld, the application may be rejected.
Once you’ve successfully filed the trademark application, the next essential step is to pay the prescribed government fee. The fee structure is determined by several factors, including the type of applicant and the number of classes under which the trademark is being registered.
Note: Fees are per class, meaning if you're registering your trademark under more than one category (like clothing, electronics, services), the cost will multiply accordingly.
Paying the correct fee is crucial. Underpayment or incorrect fee details can lead to delays or even rejection of your application.
If no opposition is raised or objections are successfully resolved, your trademark will be registered. The Trademark Registrar will issue a certificate of registration, which grants you exclusive rights to use the trademark for the goods or services specified in the application. The certificate also provides legal protection against infringement.
The entire process of trademark registration in India can take anywhere from 1 to 2 years, depending on the complexity of the application and the speed of the examination process. Once registered, the trademark is valid for 10 years and can be renewed indefinitely by filing for renewal before the expiration date.
By following these steps carefully and making sure you comply with all the legal requirements, you can secure your trademark in India and ensure that your brand identity is protected in one of the world’s most dynamic markets.
Suggested Read: The Ins and Outs of Register a Company in India
Understanding how to register a trademark in India is essential for any business expanding into the Indian market. A registered trademark not only protects your brand identity but also helps build consumer trust and market value.
While the process may seem detailed, each step ensures your intellectual property is well-protected in one of the world’s most dynamic economies. For hassle-free trademark registration and expert guidance through the process, consider consulting a trademark professional or legal advisor.
Trademark registration in India involves several steps, from ensuring your mark is available to taking care of legal formalities. If you're planning to expand your brand into the Indian market, it's important to get it right the first time.
At VJM Global, we assist businesses across borders with trademark filings, legal checks, and responses to examination reports. If you need support with your application or have questions about protecting your brand in India, we’re here to help.
Reach out to us to discuss your next steps.
Next Read: How to Start and Register Business in India | Your Complete Guide
