Registration Of Company Trademark In India: Procedure & Compliances
For any company, a trademark is what sets its brand different and classy in the market. It could be the company name, logo, slogan, or even a distinctive symbol that customers instantly associate with the business. Registering a trademark in India gives legal protection to this identity and prevents others from misusing it. The process is governed by the Trade Marks Act, 1999 and is handled by the Trademark Registry under the Ministry of Commerce.
Procedure for registration of company trademark in India
1. Trademark searching
A public search is conducted on the IP India database to check whether any identical or deceptively similar trademark already exists. This step usually takes 1–2 days and helps avoid objections or refusal later.
2. Selection of trademark class
Trademarks are registered under 45 different classes based on goods or services. Choosing the correct class is essential because protection is limited to the selected class. This is done before filing the application.
3. Filing of trademark application
The application is filed online in Form TM-A in the name of the company or brand owner. Government fees are Rs. 4,500 for startups/individuals and Rs. 9,000 for other entities per class. Once filed, the applicant can use the TM symbol immediately.
4. Examination by the Trademark Office
The Trademark Registry examines the application within 3–6 months. If issues are found, an examination report is issued citing objections under absolute or relative grounds.
5. Reply to examination report
The applicant must file a written reply within 30 days of receiving the examination report. If the reply is accepted, the application moves forward. In some cases, a hearing may be scheduled.
6. Publication in the Trademark Journal
After acceptance, the trademark is published in the Trademark Journal for a period of 4 months. During this time, any third party can file an opposition.
7. Registration and certificate issuance
If no opposition is filed, or if opposition is successfully defended, the trademark proceeds to registration. The registration certificate is issued digitally, usually within a few weeks.
Compliances you need to follow after registration
A registered trademark is valid for 10 years from the application date and can be renewed indefinitely every 10 years. Continuous use of the trademark is important, as non-use for five consecutive years may make it vulnerable to cancellation. Any change in ownership, address, or structure of the company must be recorded with the Trademark Registry.
FAQs
- How long does the complete trademark registration process take in India?
On average, it takes 12–24 months, depending on objections and oppositions. - Can a company use the ® symbol immediately after filing?
No, the ® symbol can be used only after registration. The TM symbol can be used after filing. - Is one trademark application sufficient for all businesses of a company?
No, separate applications are required for different classes of goods or services. - What happens if someone opposes the trademark?
The applicant must file a counter-statement within 2 months and defend the opposition through evidence and hearings.
