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The route to ®
How trademark registration works in India
Five stages take a brand name from an idea to a registered trademark under the Trade Marks Act, 1999. Here is what happens at each one, what can go wrong, and what we do about it.
- STEP 01
Search
Check the register before you file.
- STEP 02
Filing
Application filed with the Trade Marks Registry.
- STEP 03
Examination
The Registry examines; any objection is answered.
- STEP 04
Journal publication
Advertised in the Trade Marks Journal, open to opposition.
- STEP 05
Registration
Certificate issues; renew every ten years.
Before you file
Search and clearance
The most expensive trademark mistakes happen before anything is filed. A clearance search checks the register for marks that are identical, sound alike or look alike in the same or related classes — the conflicts most likely to lead to an objection, an opposition or a dispute after launch.
- Identical, phonetic and visual (device) searches in the relevant classes
- A written view on registrability and risk before you commit
- The right class or classes identified under the Nice Classification
Securing your date
Filing the application
The application (Form TM-A) is filed online with the Trade Marks Registry. It records the mark, the owner, the classes, the goods or services, and whether the mark is already in use or proposed to be used. The filing date matters: from that date you can use the ™ symbol and your application stands ahead of later-filed conflicting marks.
- Word mark, logo (device) or both — filed as separate marks where that gives better protection
- A goods-and-services description drafted to cover the business without inviting objections
- Applicant category selected correctly — individuals, startups and small enterprises pay a lower official fee
The Registry’s review
Examination, objections and hearings
An examiner reviews the application and issues an examination report. If the report raises objections — usually under Section 9 (the mark is descriptive or not distinctive) or Section 11 (it conflicts with an earlier mark) — a written reply must be filed within one month of receiving the report. If the reply does not resolve the objection, the Registry fixes a show-cause hearing.
- A reasoned reply with case law and evidence of use where it helps
- Representation at the show-cause hearing
- Missing the reply deadline can lead to the application being treated as abandoned
Public notice
Publication in the Trade Marks Journal
Once accepted, the mark is advertised in the Trade Marks Journal. For four months from the date of advertisement, anyone who believes the mark conflicts with their rights can file a notice of opposition. If an opposition is filed, the applicant must file a counter-statement within two months, and the matter proceeds through evidence and a hearing.
- We watch the Journal for your publication and for conflicting marks
- Counter-statements and evidence if your mark is opposed
- Oppositions against marks that conflict with yours
Your mark is protected
Registration — and keeping it alive
If no opposition is filed, or an opposition is decided in your favour, the mark is registered and a registration certificate issues. You can now use the ® symbol. Registration lasts ten years from the application date and can be renewed indefinitely, every ten years. A registered mark is also an asset — it can be assigned, licensed and enforced against infringers.
- Renewal can be filed up to six months before expiry; a lapsed mark can, within limits, be restored
- Assignments and licences recorded at the Registry
- Monitoring and enforcement when someone copies the mark
Deadlines that matter
Statutory windows to know
How long the whole process takes depends on the Registry’s workload and on whether objections or oppositions arise, so we do not promise a timeline. These deadlines, though, are fixed.
| Stage | Window | What happens if it is missed |
|---|---|---|
| Reply to examination report | One month from receipt of the report | The application may be treated as abandoned |
| Opposition to a published mark | Four months from the date of advertisement in the Journal | The opportunity to oppose is lost; rectification may still be possible later |
| Counter-statement to an opposition | Two months from receiving the notice of opposition | The application is treated as abandoned |
| Renewal of a registration | Every ten years; filing opens six months before expiry | The mark can lapse and be removed from the register |
General information under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. Specific facts can change the position — speak to us about your matter.
Start with a search.
Most problems in this process are avoidable with a proper clearance search before filing. Tell us the name or logo you have in mind.