Trademark registration
Trademark filing service
- Applicant details
- Name or logo
- Goods or services
What goes into the application
The application for registration is prepared in Form TM-A. It contains the name and address of the applicant, a representation of the trademark and the goods or services for which registration is requested. The applicant is the person or entity claiming to be the proprietor of the mark. A director making the payment on behalf of a company does not, for that reason, become the applicant.
What we handle for you
We review the proposed trademark, advise on the classification and prepare and file the application. The search review and classification advice are included in the professional fee mentioned above. You should give us a description of your business along with the name or logo. In case you have selected a class already, please share that also. Even where the class is already known, the goods or services have to be described in the application.
What you receive
After the filing has been completed, you will receive the filing receipt and acknowledgement. The application number is allotted to that particular application and can be used to check its status. You should retain the acknowledgement as part of your business records. It is evidence that the application has been filed; it is not the certificate of registration.
Tracking and guidance after filing
Application tracking and guidance through the registration process are included in the ₹980 professional fee. We help you understand the status of your application and the next steps as it progresses. This support is not a guarantee that the Registry will approve the trademark.
What costs extra
The charges for replying to an objection are separate from the professional fee mentioned above. Such a reply may be required after the Registry examines the application.
Trademark registration fees in India
For an online application in Form TM-A, the government fee is ₹4,500 where the applicant is an individual, startup or small enterprise falling in the prescribed category. The fee for an applicant outside these categories is ₹9,000. The government fee is calculated for each mark and for each class in which that mark is filed.
| Applicant | Online fee per mark, per class |
|---|---|
| Individual / eligible startup / eligible small enterprise | ₹4,500 |
| Other applicants | ₹9,000 |
Can a company qualify for the lower fee?
A company can also be eligible for the lower government fee if it comes within the startup or small enterprise category. Therefore the government fee should not be selected merely on the basis that the applicant is a company. The documents supporting its eligibility have to be checked. Where a business calls itself a startup but does not satisfy the prescribed conditions, the concession cannot be assumed.
How multiple marks and classes affect the cost
Suppose an individual wishes to file one trademark in two classes. The government fee in that case is ₹4,500 for the first class and ₹4,500 for the second class, making ₹9,000. If a separate application is also made for the logo in the same two classes, another ₹9,000 is payable. The government fee for the name and the logo in this example would therefore be ₹18,000. Professional charges are not included in these calculations.
Our professional fee
Our professional filing fee of ₹980 includes GST. You have to pay the government fee in addition to this amount. In case you require applications for more than one mark or class, the quotation should specify the filings for which professional charges are being paid. Professional charges for preparing a reply to any objection will be separate from this filing fee.
Talk to our team about your application
Brand name or logo: what should you register?
The brand name can be filed as a word mark and the logo can be filed as a device mark.
Brand name
Word mark
In a word mark application, it is the word or name which is sought to be registered.
Logo
Device mark
In the case of a logo, the application contains the representation of the design.
Both separately
Separate filings
If both are required as separate registrations, the name and the logo have to be filed separately.
Name decided, logo not ready?
It is not necessary to have a logo before applying for registration of a name. Where the name has been decided but the design is not ready, an application for the word mark can be considered first. However, if you want to apply for the combined name and logo, the representation supplied for filing should show that combined mark.
What a combined logo registration covers
The effect of registration of a mark containing several parts is given in Section 17 of the Trade Marks Act, 1999. Such registration is for the mark taken as a whole. It does not automatically confer an exclusive right over a part which is common to the trade or is otherwise non-distinctive. Therefore a combined logo registration should not be treated as a separate registration of each word appearing in the logo.
Before we work out your filing charges
You should specify whether the application is to be made for the name, the logo or separate registrations of both. This is required before the filing charges can be worked out, since the government fee is payable for each mark in each class.
Who can apply for trademark registration?
- Individual / sole proprietor
- Your legal name
- Company / LLP
- The entity’s registered name
- Partnership firm
- Firm and partner details
No company yet?
You can apply for registration of a trademark in your individual name even if you have not incorporated a company. Section 18 of the Trade Marks Act allows a person claiming to be the proprietor of a mark to apply where the mark is already used or is proposed to be used. Companies, LLPs and partnership firms can also apply. The application should identify the person or entity claiming ownership of the trademark.
Use the correct owner’s name
In the case of a sole proprietorship, the proprietor is the individual carrying on the business. The business name and the proprietor's legal name should therefore be provided correctly. For a company or LLP, the legal name should be checked against its incorporation documents. You can also use the company and LLP search to check the registered name and identification number before sharing the details.
Where a partnership firm applies, the details of the partners are relevant. Rule 15 of the Trade Marks Rules requires their names and nationalities to be stated. Giving only the name used on the shop board will not provide all the applicant information needed for that filing.
Planning to incorporate later?
A company incorporated later will not automatically become the proprietor of a trademark which was filed by you in your individual name. A transfer of ownership has to be dealt with separately. It is therefore worth deciding who is intended to own the brand before the first application is made.
Company registration is separate
Registration of a company name is handled by the ROC. A trademark application is made separately to the Trade Marks Registry, whether or not the business already has a company registration or GSTIN.
Search and class selection before filing
- Goods
- Classes 1–34
- Services
- Classes 35–45
Which goods or services do you want to cover?
The application has to state the goods or services for which the trademark is proposed to be registered. For this purpose, the classification used is the Nice Classification referred to in Rule 20 of the Trade Marks Rules. It contains 45 classes. Goods are covered by classes 1 to 34 and services by classes 35 to 45.
Does your business need more than one class?
It is possible for the same business to require registration in more than one class. The number of classes will depend on the goods or services to be covered by that particular trademark. You should therefore provide the details of the activities for which you intend to use the name. The description in the application is prepared on the basis of these details and should not be confused with the general description of the company's business.
Check the name before filing
A search should be made for the proposed name before filing. You can use the trademark search available on GoLegally and provide us with the details of any earlier applications which appear relevant. In considering an earlier trademark, both the mark and the goods or services covered by it are relevant. Section 11 of the Act provides grounds for refusal where identical or similar marks in relation to identical or similar goods or services are likely to cause confusion.
Does a clear search guarantee registration?
There are also grounds for refusal under Section 9 which relate to the character of the mark, including whether it lacks distinctiveness or is descriptive. These grounds can apply independently of an earlier application. Consequently, a search which does not show an identical name should not be treated as confirmation that the proposed trademark will be registered.
Documents required for trademark registration
Applicant: Legal name, address and contact details; applicable identity, incorporation or partnership records.
Name or logo: The name as it is to be filed, or a clear representation of the logo.
Classification: Description of the goods or services to be covered.
Reduced government fee: Evidence of the startup or small enterprise status being claimed.
Authorisation: Signed authority for the representative appointed to act in the application.
Use before filing: The date of use claimed, an affidavit and supporting documents.
For preparing the application, the applicant's legal name, address and contact details are required along with the trademark and the description of goods or services. A company's incorporation details are relevant to a company application, whereas the names and nationalities of the partners are required where a partnership firm applies.
The checklist above can be used while sending the details for filing.
The checklist is intended to help with preparation of the application. Whether a particular document has to be filed will depend on the applicant and the claim made in the application.
Already using the trademark?
Rule 25 of the Trade Marks Rules deals with the statement of use. Where use before the application date is claimed, an affidavit supporting the use has to be filed along with supporting documents. Business records such as dated invoices or packaging can be considered for this purpose according to the information they contain. The documents should support use of the trademark concerned, not merely the existence of the business.
Haven’t started using it yet?
An application can also be made where the trademark is proposed to be used. In that case, it is not necessary to invent an earlier date of use. The date on which a company was incorporated is not, by itself, evidence that the trademark was used from that date.
Share your brand name and business activity with our team.
Trademark registration process and time required
Registry examination
After a trademark application is filed, it has to be examined by the Registry. The examination report may contain objections to registration. In such a case, a reply will be required and the matter may also be taken up for hearing. An application which has only been filed should not be described as a registered trademark.
Journal publication
The application is advertised in the Trade Marks Journal under Section 20 of the Trade Marks Act. The date of publication of the journal is important because the period for opposition is calculated from that date. Under Section 21 read with Rule 42, notice of opposition can be given within four months of publication of the journal in which the application was advertised or re-advertised.
Registration
In the absence of opposition, an accepted application may be registered subject to the provisions of the Act. In case opposition has been filed, Section 23 provides for registration when the opposition has been decided in favour of the applicant. The certificate of registration is issued by the Registry after registration of the mark.
What same-day delivery means
The acknowledgement obtained on filing contains the application number. You should keep this document for reference during the proceedings. The same-day delivery mentioned on this page relates to that filing and acknowledgement, on the conditions given with the offer. It does not refer to the registration certificate.
When will registration be completed?
The period required for registration depends on the examination of the application and the proceedings, if any, arising out of an objection or opposition. The opposition period is counted from publication of the journal. It should not be counted from the filing date as an estimate of the time for registration.
What should you check after filing?
- Check the acknowledgement
- Keep the application number
- Watch for Registry notices
Check the filed details
You should check the acknowledgement against the details supplied for the application. The applicant's name, the trademark, the class and the description of goods or services should be read together. Any discrepancy should be brought to the attention of the person handling the application.
Keep your filing records
A copy of the filed application and the receipt should be retained along with the documents supporting any claim of use. The application number should be used when checking the progress of the filing or making an enquiry about it.
If an objection appears
An objection shown against the application is not the same as a final refusal. The examination report has to be read to understand the grounds raised and the action required. You can refer to our trademark application status guide for the meaning of the stages and the records to check.
Don’t miss a later notice
Please ensure that communications about the application reach you or the appointed representative. Filing is not a reason to disregard a later notice from the Registry.
Trademark registration: common questions
Q.Can I file a trademark application myself?
You can file the application yourself. Section 145 of the Trade Marks Act also permits acts before the Registrar, other than making an affidavit, to be done through an authorised legal practitioner, registered trademark agent or a person in the sole and regular employment of the principal.
Q.Can I use TM before registration?
TM can be used to indicate that a name or sign is being claimed as a trademark. It does not indicate registration and can be used for an unregistered mark. The ® symbol indicates registration and should not be used merely on the strength of a pending application.
Q.How long is trademark registration valid?
The period of registration under Section 25 is ten years. Renewal can be obtained for further periods of ten years. Section 23 provides that the application date is deemed to be the date of registration, subject to the provisions referred to in that section. The term should therefore be checked from the registration record, not from the date on which you received the certificate.
Q.Does an Indian registration protect the brand abroad?
Registration in India does not amount to registration in another country. Where protection is required in other countries, the relevant overseas filings have to be considered separately. The service and government fees stated on this page relate to filing in India.
Q.Can a pending trademark be used for Amazon Brand Registry?
Amazon's published eligibility requirements include a pending or registered trademark for the brand name or logo. There are other requirements concerning the brand and the trademark also. You should check the current requirements for the relevant marketplace before relying on a pending application for enrolment. Filing an application does not by itself confirm that Amazon will accept the brand.