How to Apply for Trademark Registration in India?

Trademark registration is a crucial step for protecting your brand identity. Here’s a step-by-step guide to help you understand the process of applying for trademark registration is giving special right to protects your brand name or Logo, But there is need to application file with unique brand name with proof of your address and ID to assigned your rights.

Step 1: Filing the Application

The trademark application can be filed online with the Trademark Registrar through the official IP India portal. A Digital Signature Certificate (DSC) and, if applicable, a Power of Attorney (POA) are required for authorized filing.

Step 2: Submission of Prescribed Details and Fees

The application must be filed in the prescribed format (Form TM-A) along with the applicable government fee. The amount may vary based on:

• Whether the applicant is an individual/startup/MSME or others
• The number of classes applied for

Step 3: Information Required in the Trademark Application

Ensure that your application contains the following essential details:

• Wordmark or Logo
• Full name and address of the trademark owner
• Trademark Class (as per NICE Classification)
• Date of first use (if applicable)
• Description of goods/services for which registration is sought

Step 4: Trademark Application Allotment Number

Once the application is successfully filed, a Trademark Application Number is instantly issued. This allows the applicant to use the ™ symbol next to the wordmark or logo.

Step 5: Vienna Codification Process

If the mark contains artistic elements, the Registrar initiates Vienna Codification, classifying figurative elements. The application status will show “Sent for Vienna Codification.”

Step 6: Examination by Trademark Office

The Trademark Examiner reviews the application:

• If any objections are raised (under Section 9 or 11 of the Trademarks Act), an Examination Report is issued.
• A response must be filed within 30 days, and in some cases, a hearing may be scheduled.

Step 7: Publication in Trademark Journal

Once accepted, the mark is published in the Trademark Journal. This stage allows the public to file an opposition within 120 days from the date of publication.

Step 8: Registration Certificate Issuance

If there is no opposition, or if the opposition is decided in favor of the applicant, the trademark is registered. A Trademark Registration Certificate is then issued by the Trademark Office.

Step 9: Use of ® Symbol

After registration, the trademark owner can now legally use the ® symbol, signifying exclusive ownership and legal protection.

Information Required for Trademark Registration

To file a trademark application, the following details are required:

• Name of the business or individual applicant
• Type of business entity: Proprietorship, Partnership, LLP, Company, or NGO
• Business nature: Manufacturing, Trading, or Service
• Contact information: Email, mobile number, and address
• Name of authorized signatory/applicant
• Brief description of products/services
• Startup India or MSME Certificate (if available for fee concession)

Need assistance with trademark registration?
Get in touch with our experts at Compliance Calendar LLP for end-to-end guidance, from filing to final registration and learn more.