Trademark Registration in India

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Trademark Registration– An Overview

Trademark registration in India is a process that safeguards your brand legally. The process protects brand names, logos, symbols, or slogans, facilitating exclusive rights to the businesses to use their mark. Trademark prevents the unauthorized use of your brand’s originality in the market. However, to register a trademark, you must follow a series of steps, including filing an application with the Indian Trademark Office, undergoing verification, and responding if any objections are raised. A registered trademark is valid for 10 years and can be renewed.

Trademark registration is essential for boosting your business’s credibility, offering protection against infringements, creating a valuable asset, and facilitating global trademark protection. A trademark registered in India helps you expand your business globally by safeguarding your interests internationally. If you are looking to register trademark, you must connect with our seasoned IPR experts today.

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What is a Trademark??

A trademark is a distinctive symbol, word, logo, or name a business uses to identify its products or services. A trademark helps distinguish a brand from its competitors through its unique identity. Registering a trademark offers legal protection, thwarting others from using or copying the brand and its identity. It also helps build customer trust by providing authenticity.

FSSAI License Benefits

Benefits of Trademark Registration

Trademark registration in India gives legal protection, boosts brand credibility, and secures exclusive rights, helping businesses grow and thrive in a competitive market. Thus, business owners give priority to register trademarks and protect their brands.

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Legal Compliance

Brand Protection

Trademark registration grants businesses exclusive rights, helps prevent unauthorized use of your brand name or logo, and ensures legal security against infringement.

Consumer Trust

Legal Rights

It offers legal ownership and facilitates your actions against infringers and your claims for compensation for any misuse. Trademark registration allows you to use legal recourse in case of violations.

Market Expansion

Business Credibility

A registered trademark boosts your brand’s credibility, demonstrating legitimacy and professionalism and promoting trust with customers and investors.

Business Credibility

Market Differentiation

Trademarks help distinguish your products from competitors in the market. They reflect your unique brand identity and encourage brand recognition in the marketplace.

Improved Hygiene Standards

Asset Creation

In the long run, your trademark becomes an intangible business asset. You can create a revenue generation stream through a franchise or a license, which offers long-term financial benefits.

Government Support

Global Protection

Registering your trademark helps you secure international protection, making it easy to penetrate global markets for expansion. It safeguards your brand across different markets worldwide.

Eligibility Criteria for Trademark Registration

To register for a trademark, you must fulfil the below-mentioned criteria:

Eligibility Checklist to Register Trademark

  The trademark must be unique and should not be registered already.

  Any legal entity, including individuals, businesses, and NGOs, can apply.

  Trademarks must clearly reflect specific goods or services under your brand.

  Trademarks should not contain marks that are misleading or deceptive.

 Common or generic terms cannot be registered as trademarks.

Checklist – Who All Need to Register Trade Mark?

Business Owners – To protect their names, logos, and products from being copied.
 Startups – To ensure a unique brand identity and to attract investors.
 Service Providers – To protect their goodwill in the competitive market landscape.
 Entrepreneurs – To build their brand reputation and legal ownership.
 Artists/Designers – To safeguard intellectual property rights for their distinctive designs or names.
 Other Professionals- To secure their intellectual property rights and keep infringers and copycats away.

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Documents Needed for Trademark Registration

Here is a list of documents required for trademark registration, which an applicant must submit at the time of applying. These documents include:

check iconApplicant’s Name – Provide identity proof such as a PAN Card or Aadhar Card.

check iconDocuments like Aadhar Card or PAN Card to verify the identity of the applicant.

check iconUtility Bills – electricity bill or gas bill to verify the applicant’s address proof.

check iconPassport to verify the nationality of the applicant.

check iconCertification of Incorporation is required to verify the applicant’s business registration.

check iconTrademark details to confirm the specific information related to goods or services.

check iconDuly signed Form TM-48 to verify the Power of Attorney.

check iconForm B as the application/renewal form for state and central registrations.

check iconFood Safety Management Plan to outline the food safety procedures (central registration).

check iconUser affidavit with evidence of prior trademark use (only if applicable).

How to Register for a Trademark Online?

The step-by-step procedure to obtain trademark registration online comprises various stages. Let us explore the process to register for a trademark online:

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1. Trademark Search
The first step to register for a trademark includes conducting an in-depth search to ensure the selected trademark is unique and does not infringe upon any previously registered or existing trademark.

2. Application Submission
The next step in trademark registration online is submitting the trademark application to the Trademark Registry. It comprises applicant details, trademark graphic, and other important details related to goods or services.

3. Trademark Office Review
The next step in the trademark registration process includes application review by the Trademark Office to check if new trademark matches existing trademarks and meets the registration criteria.

4. Trademark Objection
If the Trademark Office raises objections after submission, the applicants may clarify these objections with a proper response. To avoid quashing the application, the applicant must address objections within one month.

5. Trademarks Journal Publication
Once the third step is completed, the trademark application is published in the Trademark Journal. Third parties are given four months from the publication date to oppose the trademark by submitting a notice in Form TM-O and the requisite fees to the Trademark Registry.

6. Proceedings for Opposition
If the opposition continues, the opposer and the applicant must submit adequate evidence to support their claims. The parties can also ask for a hearing. After considering the arguments and evidence provided, the Registrar approves or rejects the trademark.

Business That Use Trademark and Registered Trademark

Some businesses where trademark and registered trademark hold special significance include the following.

Important Businesses & Industries:

 Technology & Software Safeguards brand names, logos, and names of software products.
 Pharmaceuticals Safeguards medicine names, medical devices, and packaging designs.
 Fashion & Apparel Protects brand names, logos, product lines and designs.
 Food & Beverage Guarantees brand protection for restaurant chains, product packaging, and recipes.
 Media & Entertainment Safeguards logos, names, jingles, and creative content.

Other Significant Businesses & Industries:

 FAutomobile Industry Trademark protects logos, designs and models.
 Hospitality & Tourism Protection for names of hotels, services, and logos.
 Education & Training Safeguards brand identity of institutions and online platforms.

 Consumer Goods Protects names, logos, and packaging of household products.
 Financial Services Protects trademarks for financial products, services and bank names.
 Real Estate Safeguards brand names for real estate companies and other projects.

Types of Trademark Registration in India

Trademark registration in India is essential to protect brand identity and grant exclusive rights to the registered trademark, preventing it from unauthorized use. Different types of trademarks available offering legal protection in India include the following:
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Product Mark

It ensures protection for goods and products by distinguishing them from competitors. A product mark guarantees the owner exclusive rights to use the brand name, logo, or design associated with those products.

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Service Mark

Service marks ensure protection for services, distinguishing one service provider from another. They give exclusive rights to the brand, helping the brand establish a unique brand identity and making the service provider easily recognizable in the market.

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Collective Mark

A collective mark identifies products or services delivered by a group, organization, or association. It identifies collective members from non-members, representing shared features or quality benchmarks.

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Certification Mark

A certification mark signifies that the product has fulfilled specific quality standards or certification criteria. It is commonly seen in products like electronics or food, assuring consumers of its authenticity.

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Shape Mark

Shape mark offers protection to a product's specific shape or packaging. It helps avert replication of unique product designs and offers legal protection to the owner of the original packaging.

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Sound Mark

A sound mark protects unique sounds associated with a brand, such as jingles or unique tones. It quickly helps customers identify the brand through audio, improving brand recall.

Features of Trademark Registration in India

Trademark registration in India offers businesses legal protection, exclusive rights, and brand recognition, ensuring long-term brand security.

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 check iconTrademark registration in India grants exclusive ownership rights and prevents others from using the registered brand name or logo without authorization.

check iconHelps brands establish a unique identity, booting recognition and client loyalty.

check iconOffers legal defence against trademark violation, facilitating legal action against unauthorized use.

check iconProtection is available throughout India, covering all states and regions under a single registration.

check iconTrademark and registration are crucial in helping your product stand out.

check iconTrademark registration is valid for a period of 10 years, after which it can be renewed indefinitely.

check iconAllows businesses to license their trademark to others, yielding alternate revenue streams.

check iconIt facilitates international trademark registration through the Madrid Protocol to offer global protection to businesses.

check iconIt deters competitors from copying or imitating your brand, safeguarding brand identity uniqueness.

check iconIt ensures the trademark is publicly listed, promoting transparency and proof of ownership.

Post-Registration Compliance for Trademark Registration Online

Following post-registration compliance is essential to fulfilling the requirements for legal protection and exclusive rights. Adherence to distinctive requirements to ensure continued trademark validity and enforcement is necessary.

 
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Trademark Renewal

India mandates trademarks to be renewed every ten years. On-time renewal guarantees uninterrupted legal protection and rights associated with the trademark, averting possible loss of ownership.

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Trademark Use

Businesses are required to use the registered trademark actively. If the trademark remains unused for five consecutive years, the authorities may cancel it; hence, regular use is a must.

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Infringement Observation

Businesses should regularly observe the market for potential trademark infringements. Unauthorized use must be recognized and addressed immediately to protect brand integrity and rights effectively.

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Filing of Affidavit

Trademark renewal may require filing an affidavit to confirm the continued use of the trademark. An affidavit is a document validating proof of active usage and supporting the trademark's validity.

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Maintain Accurate Records

Maintaining accurate records of trademark use, renewal dates, and related communication are essential. Correct documentation helps support ownership claims and facilitates the renewal procedure.

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International Registrations

Businesses considering global expansion must register their trademarks, as this offers international protection, safeguards the brand against possible violations, and supports its presence across global markets.

Importance of Trademark Registration Online

Online trademark registration is important for individuals and companies. It offers quick, timely protection for brand identity. It safeguards legal rights, deters infringement, boosts credibility, and simplifies global market expansion.

 

Importance for Companies

 Safeguards brand protection, including name, logo, and identity online.
 Boosts business credibility, consumer trust, and professionalism.
 Simplifies global market entry for expansion into new markets.
 Protects assets from infringement and unauthorized use.
Creates asset value and facilitates revenue generation schemes.
 Is cost-effective and saves time by eliminating paperwork.

Importance for Professionals

 Trademark registration online safeguards unique personal brand security.
 Provides a quick, streamlined, and easy process online.
 Establishes legal ownership and individual rights over the trademark.
 Offers immediate legal protection from the time of the application.
 Trademark registration online provides an affordable alternative with reduced costs.
 Facilitates secure global expansion through online registration.

Trademark Vs Copyright in India

Trademarks and copyrights safeguard different elements of intellectual property. While trademarks protect brand identity, copyrights protect original creative works. Understanding the difference between the two is essential to help businesses and creators use their rights appropriately:

 
Aspects Trademark Copyright
Definition Brand identity protection Creative work protection
Purpose Differentiates goods/services Books, Music, Art, Software
Scope Name, Logo, Slogans Safeguards original literary/artistic workss
Registration Compulsory for legal protection Not required as it is granted automatically upon creation
Duration Renewal indefinitely Lifetime + 60/70 Years after death
Territorial Country specific rights Coverage offered under international agreements
Infringement Usage without permission or in an unauthorized manner in trade Copying or distribution in an unauthorized manner
Symbol TM Registration – ™ or ® ©
Owner’s Rights Stops similar marks in business Grants exclusive rights to reproduce, distribute
Enforcement Requires proof of use and registration Automatic but needs proof of ownership

TM Registration Renewal Process

 Keep an eye on the renewal deadline, as the trademark needs to be renewed every ten years.
 File the trademark renewal application with the Trademark Registry using the form TM-R.
 Make the payment for the applicable renewal fee during the renewal period.
The Registrar examines the application for completeness and correctness.
 Once the renewal application is approved, a renewal certificate is issued for ongoing protection.
 The renewal is published in the Trademark Journal for general records.

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Reasons to Opt for Corpbiz for Trademark Registration

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Expert Legal Consultation

We offer expert legal consultation, guiding you through the trademark eligibility process to safeguard your brand identity effectively.

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10+ Years of Expertise

We have over 10 years of experience helping businesses and professionals with easy breezy trademark registration online.

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98% Success Rate

We ensure a 98% success rate and streamline the process of trademark registration for you, keeping you stress-free.

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Comprehensive Trademark Search

We conduct comprehensive trademark searches to avoid conflicts and ensure your chosen trademark is unique and legally available.

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Communication Management

We manage all communications and follow-ups with FSSAI authorities to ensure quick turnaround time and efficient approvals.

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Document Preparation

We assist you in collecting the required documents to reduce the scope of errors and avoid delays in your application process.

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Application Filing

Rajtax manages the entire trademark application filing process, ensuring compliance with all the legal requirements and deadlines.

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Real-Time Updates

We offer regular updates on your trademark application status, keeping our clients informed throughout the TM registration process.

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Response to Objections

We have the expertise to handle trademark objections and draft strong replies to ensure the application advances smoothly.

Frequently Asked Questions

Have a look at the answers to the most asked questions about FSSAI Registration.

What is a trademark?
A trademark is a unique sign that differentiates a business’s goods or services from those of others in the market. It can include names, logos, phrases, or designs to safeguard a brand’s identity in the market.

 

The difference between a trademark and a registered trademark is given below:

  • Trademark – A trademark includes a symbol, word, or logo representing a brand that has not been registered officially.
  • Registered Trademark—A registered trademark is a trademark that has been registered legally. It gives the owner exclusive rights to use the ® symbol and offers stronger legal 
No, it is not mandatory to register trade mark, as trademarks are protected upon use. However, a registered trademark benefits from various legalities, including ownership rights, nationwide protection, smooth enforcement, use of the ® symbol, and a public record. We highly recommend you register for a trademark. You can contact us for more information on trademark and registration.

 

All Food Business Operators (FBOs), including manufacturers, processors, distributors, retailers and importers, are legally eligible for FSSAI. However, to apply for FSSAI license or FSSAI registration depends on the size and turnover of the business.

The authorization form for trademark agents in India is Form TM-48. A stamped Power of Attorney or Form TM-48 is mandated when an agent or attorney files a trademark application on behalf of their applicants.

 

You can register trademark in India by following the below-given steps:

  • Step 1 -Conduct a thorough trademark search to ensure it is unique and available.
  • Step 2 -Fill out Form TM-A and submit it online or offline to the concerned authority.
  • Step 3 -Pay the necessary fee required to file the trademark application.
  • Step 4 -The Registrar will examine and publish the filed application for objections.
  • Step 5 -If the file application receives no opposition, the registrar issues the registration certificate.
Some of the documents required for trademark registration in India include the following:
  • Incorporation Certificate – For a company or LLP.
  • Partnership Deed – For a partnership firm.
  • PAN Card – Authorized signatory.
  • Aadhaar Card – Authorized signatory.
  • Form-48 – Duly signed.
  • Brand Logo.
  • MSME Certificate.

A Letter of Authorization (LoA) states that a particular trademark is permitted for use by a specified company or individual. It usually includes the trademark owner’s name, the authorized party’s name, trademark details, duration, authorized use, and any limitations.

Authors

Written by Sishanki Kashyap . Last updated on Jul 12 2025, 03:34 PM

Sishanki Kashyap has 4+ of strong experience in content writing. Her main expertise lies in creative writing and story building, web content writing, and blogging on topics related to finance, startup, environment, law, etc.

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