A trademark is a unique symbol, word, phrase, design, or combination of these that identifies and distinguishes the goods or services of one business from those of others. It serves as a brand identifier, helping consumers recognize the source and quality of products or services.
Once the application is filed, the status of the trademark may be checked as follows:-
A trademark is a unique symbol, word, phrase, design, or combination of these that identifies and distinguishes the goods or services of one business from those of others. It serves as a brand identifier, helping consumers recognize the source and quality of products or services.
The trademark registration process in India involves several key stages to ensure that your trademark is legally protected and exclusive. Here’s a step-by-step guide to the process:
| Step No. | Process Step | Description | Estimated Time |
|---|---|---|---|
| 1 | Trademark Search | Conduct a search to check if the trademark is already registered or similar to existing marks. | 1-2 days |
| 2 | Trademark Application Filing (TM-A) | File an application with the Trademark Registry online or offline with required documents. | 1 day |
| 3 | Application Processing & Formality Check | The Trademark Registry verifies the application details and documents. | 7-10 days |
| 4 | Examination by Trademark Office | The Registrar examines the application for compliance with laws and uniqueness. | 30-60 days |
| 5 | Examination Report & Response | If objections are raised, the applicant must respond within 30 days. If no objections, it moves to the next step. | 1-3 months |
| 6 | Trademark Publication in Journal | If accepted, the mark is published in the Trademark Journal for public opposition. | 3-4 months |
| 7 | Opposition Period (if any) | If no one opposes within 4 months, the mark proceeds to registration. If opposed, a hearing is scheduled. | 4 months |
| 8 | Trademark Registration & Certificate Issuance | If no opposition or after a successful defense, the trademark is registered, and a certificate is issued. | 6-12 months |
| Applicant Type | Eligibility | Required Documents |
|---|---|---|
| Individual / Sole Proprietor | Any person can apply for a trademark under their personal name. | 1. Identity proof (Aadhar, PAN, Passport, Voter ID) 2. Address proof (Electricity bill, Rent agreement, etc.) 3. Trademark logo (if applicable) 4. Email Id & Mobile Number 5. Power of Attorney (PoA) (If Filing Through an Agent/Attorney) |
| Partnership Firm | A registered or unregistered partnership firm can apply under its business name. | 1. Partnership Deed 2. PAN card of the firm 3. Identity proof of partners (Aadhar, PAN, Passport) 4. Trademark logo (if applicable) 5. Email Id & Mobile Number 6. Power of Attorney (PoA) (If Filing Through an Agent/Attorney) |
| Private Limited Company / LLP | A registered company or LLP can file a trademark under its legal entity name. | 1. Certificate of Incorporation 2. PAN card of the company 3. Address proof of the company 4. Identity proof of directors (Aadhar, PAN, Passport) 5. Trademark logo (if applicable) 6. Email Id & Mobile Number 7. Power of Attorney (PoA) (If Filing Through an Agent/Attorney) |
| Startups (DPIIT Recognized) | Startups registered with DPIIT can file with special benefits. | 1. Startup Recognition Certificate 2. Identity & address proof 3. Trademark logo (if applicable) 4. Email Id & Mobile Number 5. Power of Attorney (PoA) (If Filing Through an Agent/Attorney) |
| MSME / Small Business | MSMEs can apply under their business name and avail reduced fees. | 1. MSME / Udyam Registration Certificate 2. PAN & Address proof 3. Trademark logo (if applicable) 4. Email Id & Mobile Number 5. Power of Attorney (PoA) (If Filing Through an Agent/Attorney) |
| Foreign Entities / Companies | Foreign businesses can apply for a trademark in India. | 1. Passport or Business Registration Certificate 2. Address proof 3. Trademark logo (if applicable) 4. Email Id & Mobile Number 5. Power of Attorney (PoA) (If Filing Through an Agent/Attorney) |
| Trusts / Societies / NGOs | Registered societies, trusts, and NGOs can apply for a trademark. | 1. Certificate of Trusts / Societies / NGOs 2. PAN card of the Trusts / Societies / NGOs 3. Address proof of the Trusts / Societies / NGOs 4. Identity proof of trustee (Aadhar, PAN, Passport) 5. Trademark logo (if applicable) 6. Email Id & Mobile Number 7. Power of Attorney (PoA) (If Filing Through an Agent/Attorney) |
The trademark registration fees structure varies depending on the country and the type of applicant (individual, Proprietorship firm, Partnership firm, LLP, Pvt. Ltd. company, NGO, etc.). Below is a general overview of the trademark registration fees in India, one of the most common jurisdictions for trademark applications. Other countries may have similar structures with slight differences.
| Category | E-Filing (Online) Fees Government Fees | Physical Filing Fees Government Fees |
|---|---|---|
| Individuals / Sole Proprietors | ₹4,500 per class | ₹5,000 per class |
| Startups (DPIIT Recognized) / MSMEs | ₹4,500 per class | ₹5,000 per class |
| Partnership Firms / LLPs / Private Limited Companies / Large Enterprises | ₹9,000 per class | ₹10,000 per class |
| Trusts / Societies | ₹9,000 per class | ₹10,000 per class |
| Foreign Companies / Entities | ₹9,000 per class | ₹10,000 per class |
| Service | Fees Government Fees |
|---|---|
| Reply to Examination Report | No government fee (legal fees may apply) |
| Opposition Filing | ₹2,700 (Online) / ₹3,000 (Physical) |
| Trademark Renewal (Before Expiry) | ₹9,000 (Online) / ₹10,000 (Physical) per class |
| Trademark Restoration (After Expiry) | ₹18,000 (Online) / ₹20,000 (Physical) per class |
| Assignment of Trademark | ₹9,000 per application |
Note on Discounts:
MSME and Startup India Benefits: As mentioned earlier, if your business is registered as an MSME or recognized under the Startup India initiative, you can receive a 50% discount on trademark registration fees in India.
| Trademark Status | Meaning | Next Steps |
|---|---|---|
| New Application | Trademark application has been filed and received by the registry. | Wait for formal review by the Trademark Office. |
| Formalities Chk Pass | Basic application requirements are met. | Proceed to examination stage. |
| Formalities Chk Fail | Some required details or documents are missing. | Submit corrections or missing documents. |
| Marked for Exam | Trademark is under examination by the Registrar. | Wait for Examination Report. |
| Objected | The Examiner has raised objections under the Trademark Act. | File a response within 30 days. |
| Accepted & Advertised | The trademark has passed the examination and is published in the Trademark Journal for public opposition. | Wait for 4 months for opposition. |
| Opposed | A third party has filed an opposition against the trademark. | File a counter-statement and attend hearings. |
| Registered | The trademark is successfully registered. | Use the ® symbol and renew the trademark every 10 years. |
| Withdrawn | The applicant has voluntarily withdrawn the application. | No further action. |
| Refused / Rejected | The Registrar has denied the trademark application. | File an appeal with the IPAB (Intellectual Property Appellate Board). |
| Removed | The trademark has been removed due to non-renewal or legal action. | File for restoration if within the allowed period. |
India has five Trademark Registry offices, and each has jurisdiction over specific states and union territories.
| Trademark Office | Jurisdiction (States & Union Territories Covered) |
|---|---|
| States Under Mumbai (Head Office) Trademark Office Jurisdiction | The State of Maharashtra, Madhya Pradesh, Chhattisgarh and Goa |
| States Under Delhi Trademark Office Jurisdiction | The state of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Delhi and Union Territories of Chandigarh |
| States Under Kolkata Trademark Office Jurisdiction | The State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand and Union Territories of Nagaland, Andaman & Nikobar Islands. |
| States Under Chennai Trademark Office Jurisdiction | The state of Andhra Pradesh, Telangana, Kerala, Tamilnadu, Karnataka and Union Territories of Pondicherry and Lakshadweep Island |
| States Under Ahmedabad Trademark Office Jurisdiction | The State of Gujarat and Rajasthan and Union Territories of Daman, Diu, Dadra and Nagar Haveli. |
