Why register a trade mark
A registered trade mark gives its owner the exclusive right to use the mark for the goods or services it is registered for, and the right to sue for infringement under the Trade Marks Act, 1999. An unregistered mark can still be protected through a passing-off action, but that requires proving reputation and goodwill, which is slower and harder.
Registration is valid across India for ten years and can be renewed every ten years without limit.
What can be registered
- Brand and business names (word marks)
- Logos and labels (device marks)
- Slogans and taglines
- Shapes of goods, packaging and colour combinations, where distinctive
Registration process
- Clearance searchA search of the Trade Marks Registry records on IP India for identical and similar marks, including phonetic variants, in the relevant classes.
- Class selectionGoods and services are grouped into 45 classes (1–34 for goods, 35–45 for services). The application must name the right classes and describe the goods or services precisely.
- Filing Form TM-AThe application is filed online, either on a "proposed to be used" basis or with a date of first use. An application number is issued the same day, and the ™ symbol can be used from then on.
- ExaminationThe Registry examines the application and may issue an examination report raising objections under Section 9 (distinctiveness) or Section 11 (conflict with earlier marks). A reply must be filed within one month. See trade mark objection reply.
- Hearing, if requiredIf the reply does not settle the objection, the Registrar fixes a show-cause hearing, commonly held by video conference.
- Advertisement in the Trade Marks JournalOnce accepted, the mark is published. For four months, anyone may oppose it. See trade mark opposition.
- Registration certificateIf there is no opposition, or the opposition fails, the mark is registered and the certificate issues. The ® symbol may be used only after registration.
Documents required
- The mark: the word, and the logo in JPG format if a device mark is filed
- Applicant's name, address, nationality and type of entity (individual, firm, company, LLP, trust)
- Description of the goods or services sold under the mark
- Date of first use, with supporting invoices or advertisements, if use is claimed
- Udyam (MSME) or DPIIT startup certificate, if claiming the reduced fee
- Form TM-48 authorising the advocate or agent to file
Official government fees
| Form | Purpose | Individual / startup / small enterprise | Others |
|---|---|---|---|
| TM-A | New application, per class | ₹4,500 | ₹9,000 |
| TM-O | Notice of opposition or counter-statement | ₹2,700 | ₹2,700 |
| TM-R | Renewal, per class | ₹9,000 | ₹9,000 |
| TM-M | Miscellaneous requests, extension of time | ₹900 | ₹900 |
E-filing fees per class under the First Schedule to the Trade Marks Rules, 2017. Professional fees are separate and are agreed before work begins.
How long it takes
An application that faces no objection and no opposition can be registered within several months to about a year. Objections, hearings and oppositions add time. Throughout, the application stays on record from its filing date, and the ™ symbol can be used.
™ or ®? Use ™ from the date of filing. Using ® before registration is an offence under Section 107 of the Trade Marks Act, 1999.
Frequently asked questions
Which Trade Marks Registry office handles applications from Jharkhand?
Applicants with their principal place of business in Jharkhand fall under the Trade Marks Registry at Kolkata. Applications are filed online, so there is no need to visit the office.
Should I register my word mark and my logo separately?
Usually yes. A word mark protects the name in any style or font. A logo registration protects the particular design. Many businesses file both.
Can I register a mark I have not started using yet?
Yes. An application can be filed on a "proposed to be used" basis, which secures the filing date before launch.
Is a trade mark registered in Ranchi valid in other states?
Yes. Registration under the Trade Marks Act, 1999 is valid throughout India.
What happens if I do not renew my trade mark?
The mark can be removed from the register after expiry. The Registry allows restoration within a limited period after expiry on payment of an additional fee, so renewal should be tracked well in advance.
This page is general information under Rule 36 of the Bar Council of India Rules and is not legal advice. Official fees are as notified by the Government and may change; confirm current fees before filing.