Trademark Registration in India

What is a Trademark?

A Trademark is a unique identity that distinguishes your product or service from competitors. It may be in the form of a name, word, logo, symbol, design, color combination, sound, or even smell. A registered trademark acts as a valuable asset for individuals, firms, or companies, giving them exclusive ownership rights.

In India, the Trademark Registration process is governed by the Trademarks Act, 1999 and administered by the Controller General of Patents, Designs, and Trademarks, Ministry of Commerce & Industry.

Once registered, the applicant receives a TM number (for tracking and using ™ symbol). Upon successful registration, the ® symbol can be used. A trademark is valid for 10 years and can be renewed indefinitely.

Importance of Trademark Registration

• ✔ Exclusive Rights – Legal ownership and sole right to use the mark for registered goods/services.
• ✔ Legal Protection – Safeguards against unauthorized or deceptive use by competitors.
• ✔ Brand Recognition & Goodwill – Builds consumer trust and acts as a symbol of quality.
• ✔ Unique Identity – Distinguishes your brand from others in the marketplace.
• ✔ 10-Year Validity – Protection at a low maintenance cost with easy renewals.
• ✔ Business Asset – A trademark is an intangible asset that can be sold, franchised, or licensed.
• ✔ Global Filing Advantage – Indian trademark registration can be used as a base for international filings.

Documents Required for Trademark Registration

• Applicant’s Identity Proof – Aadhaar, PAN, Passport, Voter ID, or Driving License.
• Business Proof – Partnership Deed, Incorporation Certificate, or Registration Certificate (for firms/companies).
• Form TM-48 – Authorization form to allow an agent/attorney to file on behalf of the applicant.
• Logo with Tagline – A copy of the logo in black & white (if applicable). If it’s only a wordmark, a logo is not mandatory.
• User Affidavit – Required if prior usage of the trademark is claimed.
• Address Proof of Business / Registered Office.

Step-by-Step Process of Trademark Registration

• Trademark Search – A detailed search is conducted to check the availability of the desired mark.
• Selection of Class – Goods and services are divided into 45 classes, and the applicant must select the correct class for registration.
• Preparation & Filing of Application – Drafting and submission of the application with details of business, logo, name, and documents. On submission, the applicant is allotted a TM number and can start using the ™ symbol.
• Vienna Codification – Classification of logos/symbols as per the Vienna Agreement, 1973.
• Examination of Application – Trademark Officer reviews the application. If objections are raised, a reply must be filed, followed by hearings (if required).
• Publication in Trademark Journal – If accepted, the application is published in the journal. Public objections can be filed within 90 days.
• Registration Certificate – If no objections are raised (or objections are resolved), the applicant receives the Trademark Registration Certificate and can use the ® symbol.

Why Choose Taxation Point India?

At Taxation Point India, we provide complete support in Trademark Registration, ensuring a hassle-free and legally compliant process.

• ✔ Comprehensive Trademark Search
• ✔ Expert guidance in Class Selection
• ✔ Drafting & Filing of Applications (TM-1, TM-48, etc.)
• ✔ Handling Objections, Oppositions & Hearings
• ✔ Assistance in Renewals, Assignments, and International Filing

With our professional expertise, we help you secure your brand identity and protect your business from infringement risks.