Trademark Registration and Safeguard Your Brand with Legal Helpzyn
A trademark—whether a logo, name, or symbol—distinguishes a business’s goods or services. Trademark registration under the Trade Marks Act, 1999 grants legal protection and exclusive rights to the owner, covering use, manufacture, and sale of the mark. It helps safeguard your brand identity, prevents unauthorized use, and provides legal recourse against infringement. Registering a trademark also boosts brand recognition, adds value, and ensures market exclusivity.
Apply for Trademark Registration
Trademark Registration
₹16000
₹8000
Trademark registration secures exclusive rights to a brand name, logo, or slogan, preventing unauthorized use.
What type of Trademark Symbol +
Trademark
Service Mark
Register Mark
Copyright
What is the difference between ™ and ®?
When there is a TM on the brand name or logo, it indicates that the trademark application has been filed and the registration is under process. An applicant can use the TM beside his brand name or logo once the application is filed. He can use it until the registration is done. After completion of registration, the TM gets replaced by ® which means the trademark registration is completed and it is valid for 10 years.
Who can Obtain a Trademark +
individual
JOINT OWNERS
LIMITED LIABILITY PARTNERSHIP
TRUST OR SOCIETY
PROPRIETORSHIP FIRM
PARTNERSHIP FIRM
Kind Of Trademark Registration in India
Trademark Registration & Protect Your Brand Name From Intruders with Legal Helpzyn
A trademark is any mark, logo, name, symbol, letter, figure, or word used by any individual or firm to uniquely identify its goods or services from those made or sold by others. As a result, clients must be able to differentiate one’s goods or services from those of others. The requirements of the Trade Marks Act 1999 regulate trademark registration. Trademark registration is vital because the government legally authorises it to grant the owner exclusive rights to the brand, sale, manufacture, and use of products and services.
What are The Eligibility Criteria for Trademark Registration
In India, anybody who claims to be the trademark owner, whether an individual, proprietor, corporation or other legal organisation, can apply for a trademark. The trademark application can be filed, and the “TM” sign can be used within a few days post registration following registration. The Trade Mark Registry takes a minimum 6-8 months to register if there’s no objection raised by the Registry. In case of an objection, it might take up to 18 months. After the trademark is registered and the registration certificate is issued, the registered symbol i.e. R, can be used. Once a trademark registration is done, it will be valid for ten years from the registration date and has to be renewed at the due time.
Who can opt for Trademark Registration
Any Individual Person
An individual person who is not currently in business can also file a trademark application and receive trademark registration for the brand name/device) that the applicant intends to use in the future.
Shared Ownership
A Firm’s joint proprietors can apply for a trademark together, and both of their names may be listed in the application.
Partnership Firm
When registering a trademark, a partnership business with a maximum of 10 members must include all partners' names in the application. In addition, if a minor partner is present, the name of the minor's guardian must be stated.
LLP (Limited Liability Partnership)
The application for the Limited Liability Partnership should be in the name of the LLP. It is a legal entity in which each participant has their own identity. Because the trademark belongs to the LLP, the partners cannot be applicants. The application must contain all the partners' names.
Indian Corporation
Any Indian firm, whether private limited, public limited, or any other type, must file a trademark application in its name. Because every incorporated organisation has its own legal body and identity, the director of a company cannot be a trademark applicant.
Foreign Corporation
If a foreign-incorporated firm files for a trademark in India, it must do so under the corporate name as it is registered in the foreign nation. The registration type, the government, and the law should all be indicated here. It must mention the Indian address from which they are running their business in INDIA.
Society or Trust
When filing a trademark application on behalf of a trust or society, the managing trustee, chairman, or secretary of the trust or society must be mentioned.
What are the Trademark Classes?
There are 45 trademark classes, and all goods and services are classified according to these classes. You must exercise extreme caution while selecting the classes since they will affect the validity of your trademark for your company’s products/services. If your company sells various goods and services that fall into several classes, you must guarantee that you may file for a trademark under all of the appropriate classes.
In India, some of the most common trademark classes are:
- Class 9 consists of mobile software (App) and electronics.
- Readymade Clothing is included in Class 25.
- Class 35: involves business management and advertising, online retailing or wholesaling, e-commerce.
- Education and entertainment are included in Class 41.
Documents Needed for Trademark Registration
Applicant’s / Company Name
Business Type
Business Details
Brand/logo/slogan name
Office / Business address
The documents that are required for trademark registration:
- Name of the applicant
- Type of business
- Nature of business (specific goods/services)
- Name of a brand/logo/slogan
- Registrant's mailing address with PIN CODE.
The following documents are required:
- Form-48 has been signed. (Power of Attorney/Vakalatnama)
- Signatory identification evidence
- Proof of the signatory's address
- Business validation (depends on the type of business)
- MSME registration certificate/Udyog Aadhar (optional)
A trademark is a distinct identity that distinguishes your organisation, product, or service from the competition. A registered trademark is the intellectual property/intangible asset of your company. It safeguards your investment in building client trust and loyalty. Registration of a trademark gives you the ability to sue anybody who attempts to replicate your trademark and prohibits others from using an identical trademark to the one you registered.
Advantages of Trademark Registration
Exclusive Right
The registration of Trademark gives you the exclusive right to use of the registered trademark and indicate so by using next to your brand name
Creation of Asset
Registered trademark is a right created which can be sold, assigned, franchised or commercially contracted.
Differentiates Product
Registering a trademark ensures that competitors will not use it and hence the customers will not get confused.
A Legal Protection
In case you doubt that your trademark is being copied by anyone else, you can take up the issue legally and sue them if you have registered your logo, brand name or slogan..
Global Trademark Registration
For any person willing to expand outside India, the trademark registered in India can provide a good base along with the Established goodwill in the Country.
Build trust and Goodwill
It helps in creating permanent customers who are loyal and always opt for the same brand.
Trademark Registration Process
Frequently Asked Questions
Trademark is an intellectual property consisting of recognizable sign or design in order to identify products or services from a specific source, although trademarks that are used to identify services are called service marks.
A trademark is basically any word, name, symbol etc. which is used to identify and distinguish products or services of one specific seller or service provider from those of other competitors in the market. It also indicates the source of the products or services.
The TM logo indicates an unregistered trademark which is still distinguished from similar products or services. According to the Trademark Act, an unregistered Trademark does not get total protection and cannot prevent a third party from using the same mark.
A Trademark classification is a procedure by which examiners and the trademark attorneys arrange the required documents including trademark and service mark application, according to the description of goods to which the marks are applicable.
Filing a Trademark application usually takes around 18-24 months.
Trademark filing requires the below-mentioned documents
- Copy of Logo (optional)
- Signed Form-48.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address proof of the applicant
Once the trademark application is successful, you receive an acknowledgement providing you the right to use the TM symbol. After the registration of it, you can use the ® symbol.
Though you can’t get the word but still all is not lost. You can design a unique logo instead for your business and include the name in it like BMW. The name is within the logo making it a great example. A prefix could also be permissible. This is known as a logo composite mark. Though there is a way out, it is best to have a unique name.
The approval of the trademark completely depends on the judgment of the Government. But, if the trademark is unique, then there is a nice chance that it will be granted.
Copyright
It protects original works in the form of intellectual property (literary, dramatic, musical, artistic etc.). A business can copyright its books, reports, audio or video materials.
Trademark
It protects words, names, symbols, colors etc that distinguish products and services from those of others. It indicates the source of the goods. A company can register its business name, logos, slogans, etc that creates the brand image of a company.
Patent
Government grants an exclusive right to an inventor for an invention for a limited period of time in exchange for the disclosure of the discovery to the general public.
- A name (personal or surname of the applicant or the person’s signature)
- A newly coined or invented word or any other arbitrary word from dictionary, not being vividly descriptive of the character or quality of the product or service
- Alphanumeric or letters or numerals or combination of them
- Image, Symbol, Monograms, 3D shapes, letters etc.
- Sound marks in audio format.
Registered Trademarks are valid for 10 years from the date of filing the application. The trademark owner can file for renewal of the trademark to keep it protected for more time prior to the end of the validity.