The “Make in India” initiative has transformed India into a global manufacturing hub. We creating countless opportunities for businesses. However, to secure and protect these growing brands, TM Registration is important. We explore how to TM Registration your brand in India, focusing on the latest data and detailed steps to make sure your business is legally safeguarded.

Trademark Registration for Make in India Brands

Trademark registration is a key step for any brand, especially for those under the Make in India initiative. A Trademark Registration process, legally protects your brand’s identity, confirming that no one else can use your logo, name, or symbol. This protection is essential in a competitive market where intellectual property theft can undermine your brand’s reputation and profitability.

Why Trademark Registration is Important for Make in India Brands

• Brand Protection: A trademark distinguishes your products and services from competitors, preventing unauthorized use.
• Legal Rights: It provides the legal right to sue in case of infringement.
• Brand Value: Boosts your brand’s value and credibility, attracting investors and customers.
• Exclusive Ownership: It grants exclusive ownership, certifying your brand remains unique in the marketplace.

Overview of Trademark Filing Statistics in India (2024)

Trademark Application filing in India has seen significant growth, especially due to the government’s push towards the Make in India initiative. Here is an overview of the latest data regarding online trademark applications:

• Total Trademark Applications Filed: 4,89,000
• Total Accepted Trademarks: 3,20,000
• Total Rejected Trademarks: 85,000
• Total Objected Trademarks: 60,000
• Total Successfully Certified Trademarks: 2,95,000

These statistics highlight the importance of following the correct steps and preparing thoroughly to avoid objections and rejections.

Step-by-Step Process to Trademark Your Brand in India

Step 1: Trademark Search

Before filing your Trademark Registration, conducting a thorough trademark search is important. This search helps identify whether a similar trademark already exists. You can perform this search through the Indian Trademark Registry’s official website or hire a professional service for more detailed results.

Step 2: Filing the Application

Once the search confirms that your trademark is unique, you can proceed with the application filing. This step involves filling out Form TM-A, which includes details about your business, the trademark logo, class of goods/services, and more. It is important to choose the correct class of goods/services to avoid complications later.

Step 3: Examination of Application

After filing, the application is reviewed by a trademark examiner. The examination usually takes 1-2 months. The examiner checks if the application complies with the legal requirements and if there are any conflicting trademarks.

Step 4: Publication in the Trademark Journal

If the application passes the examination, it is published in the Trademark Journal. This publication allows the public to see the trademark and object if they believe it infringes on their rights.

Step 5: Opposition (if any)

If no opposition is filed within four months, the process moves to the next step. However, if there is an opposition, both parties must present their case. The Trademark Registry will then decide on the matter.

Step 6: Registration and Certification

If no opposition is filed or the opposition is resolved in your favor, the trademark is registered, and a certificate of registration is issued. This certificate officially recognizes your trademark and grants you the special right to use it.

Government Fee Structure for Trademark Registration in India

Trademark registration fees in India vary depending on the type of applicant. Here is the current fee structure:

Fee for Individual/Startup/Small Enterprise

• Filing Application (TM-A): ₹4,500 per class
• Renewal Fee: ₹9,000 per class

Fee for Companies and Large Enterprises

• Filing Application (TM-A): ₹9,000 per class
• Renewal Fee: ₹18,000 per class

Additional Costs at Different Stages

• Trademark Search: ₹500 – ₹2,000 (if outsourced)
• Response to Objections: ₹3,000 – ₹7,000 (professional fee)
• Opposition Proceedings: ₹10,000 – ₹20,000 (legal fee depending on complexity)

These fees can vary slightly depending on legal services and the complication of the trademark registration process.

Common Reasons for Trademark Rejection and Objection

Similarity with Existing Trademarks: If your trademark is similar to an existing one, it’s likely to be rejected.

• Lack of Distinctiveness: Trademarks that are generic or descriptive often face objections.
• Incorrect Classification: Filing under the wrong class of goods/services can lead to objections.
• Incomplete Documentation: Missing or incorrect documents can also result in rejections.

Tips to Make sure Successful Trademark Registration

• Conduct a Thorough Search: Before filing, make sure no similar trademarks exist to reduce the chances of rejection.
• Choose a Unique and Distinctive Mark: Avoid generic names or symbols that do not stand out.
• Hire a Professional: Legal experts can help direct multipart objections and oppositions.
• Respond Promptly to Objections: Delays in responding to objections can stall your registration process.

FAQs on Trademark Registration for Make in India Brands

Q1: How long does it take to register a trademark in India?
A: The entire process can take between 12 to 18 months, depending on objections and oppositions.

Q2: Can I use my trademark before registration?
A: Yes, you can use the ™ symbol until registration is complete. After registration, use the ® symbol.

Q3: What happens if my trademark application is rejected?
A: You can appeal against the rejection within 3 months from the date of the order.

Q4: Can a trademark be registered in multiple classes?
A: Yes, you can file your trademark under multiple classes, but separate fees apply for each class.

Q5: Is trademark registration mandatory for all businesses in India?
A: No, but it is highly recommended to protect your brand and prevent unauthorized use.

Q6: How long is a registered trademark valid in India?
A: A registered trademark is valid for 10 years and can be renewed indefinitely.

Final Remark for Secure Your Brand’s Future

Trademark registration is more than just a legal formality. It’s a vital step in protecting your brand’s identity and confirming your business stands out in the crowded market. By following the steps outlined in this guide, you can secure your brand’s future under the Make in India initiative. Avoid common pitfalls, stay informed about the latest data, and confirm your brand is fully protected against any legal challenges.

Reference to Learn More

1. https://ipindia.gov.in/
2. https://www.linkedin.com/in/nareshvardaan/
3. https://tmnaresh.quora.com/