+91 910 997 0060
Contact Us
Contact Us
Contact Us

Trademark Registration

A trademark protects your brand, your business name, logo, or tagline, by giving you exclusive rights to it across India. Registration under the Trade Marks Act, 1999 stops others from using a confusingly similar mark and lets you build brand value, with protection lasting ten years and renewable indefinitely. Startups and MSMEs pay a concessional government fee of just Rs. 4,500 per class. Samkhya handles your trademark search, filing, and registration.

Trademark Registration: A Detailed Guide

A trademark is a mark, a word, logo, tagline, or combination, that distinguishes your goods or services from others, and registering it under the Trade Marks Act, 1999 gives you the exclusive right to use it and to act against infringement. Registration is handled by the Trade Marks Registry under the Controller General of Patents, Designs and Trade Marks, through five offices (Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad), with e-filing routed automatically by the applicant’s address. Marks are filed in one or more of the 45 classes of the NICE Classification (classes 1 to 34 for goods and 35 to 45 for services), and the fee is charged per class. Once registered, the mark is protected across India for ten years and can be renewed indefinitely. You can use the TM symbol as soon as you file, and the R symbol only after registration.

Benefits of Trademark Registration

Trademark registration offers strong benefits:

  • Exclusive Rights: It gives the exclusive right to use the mark for the registered goods or services.
  • Legal Protection: It allows you to take action against infringement and passing off.
  • Brand Value: A registered mark becomes a valuable, transferable business asset.
  • Nationwide Cover: Protection extends across the whole of India.
  • Trust and Recognition: The R symbol builds customer trust and brand recognition.
  • Long and Renewable: Protection lasts ten years and can be renewed indefinitely.

Points to Keep in Mind

A few points are worth noting:

  • Per-Class Fee: The fee applies per class, so multiple classes multiply the cost.
  • Right Classification: Choosing the correct class is crucial, as a wrong class leaves the brand exposed.
  • Search First: A prior search avoids objection or opposition from existing marks.
  • Time to Register: An uncontested application typically takes eight to twelve months.
  • Objection and Opposition: The Registry may object, or a third party may oppose within four months of publication.
  • R Only After Registration: Using the R symbol before registration is an offence.

Trademark Classes and Symbols

A few essentials about classes and symbols:

  • 45 Classes: Marks are filed across 45 NICE classes, 1 to 34 for goods and 35 to 45 for services.
  • Per Class: A separate fee applies for each class in which the mark is filed.
  • Choose Carefully: The class must match the actual goods or services.
  • TM Symbol: The TM symbol can be used as soon as the application is filed.
  • R Symbol: The R symbol can be used only after the mark is registered.
  • Multiple Marks: Each separate mark needs its own application.

Who Can Register

Trademark registration is open to many applicants:

  • Any individual, proprietor, partnership, LLP, company, HUF, trust, or society can apply.
  • Foreign entities and applicants can also register a trademark in India.
  • Startups recognised by DPIIT and MSMEs registered under Udyam qualify for the concessional fee.
  • The applicant should be the owner of, or intend to use, the mark.
  • A valid identity and address proof and a signed Power of Attorney (TM-48) are needed.

The Trade Marks Registry and the Process

Trademark registration is handled by the Trade Marks Registry under the Controller General of Patents, Designs and Trade Marks. The process begins with a trademark search to check that the mark is available, followed by filing the application in Form TM-A for the chosen classes. The Registry examines the application and may issue an examination report, to which the applicant responds; if accepted, the mark is published in the Trade Marks Journal, opening a four-month window for any third party to oppose it. If there is no opposition, or opposition is decided in the applicant’s favour, the mark proceeds to registration and a certificate is issued. The whole process usually takes eight to twelve months for an uncontested mark.

Documents Required

For the Applicant:

  • Identity and address proof, and for a company, LLP, or firm, the incorporation certificate, partnership deed, or registration document.
  • A board resolution authorising the filing where applicable.

For the Mark:

  • A clear representation of the mark or logo, with the list of goods or services and classes.
  • A signed Power of Attorney (Form TM-48), the DPIIT or Udyam certificate for the concessional fee, and a user affidavit if prior use is claimed.

Trademark Registration Process

Trademark registration follows a clear sequence:

  1. Conduct a trademark search to confirm the mark is available.
  2. Identify the right class or classes for your goods or services.
  3. File the application in Form TM-A with the required documents.
  4. Respond to any examination report the Registry raises.
  5. Await publication of the mark in the Trade Marks Journal.
  6. Cross the four-month opposition window.
  7. Receive the registration certificate, valid for ten years.

Register your Trademark with Samkhya

Registering your trademark with Samkhya Corporate Services is simple. Just follow these easy steps:

  • Tell us your brand: Share the name, logo, or tagline you want to protect.
  • We search and classify: We run the search and identify the right classes.
  • Fill the form: Complete our online form and provide your documents.

From there, our team files the TM-A and follows the application through to registration.

After Registration

A registered trademark needs ongoing care:

  • Use the R Symbol: Display the R symbol once the mark is registered.
  • Renew on Time: Renew the mark every ten years, ideally six months before expiry.
  • Monitor Infringement: Watch for and act against any infringing or similar marks.
  • Keep Using the Mark: Use the mark genuinely, as non-use can be a ground for removal.
  • Record Changes: Update the Registry for any change in owner, name, or address.
  • Protect New Classes: File in additional classes as the business expands.

Fees and Validity

Trademark government fees are charged per class and depend on the applicant. For e-filing, an individual, startup recognised by DPIIT, or MSME registered under Udyam pays Rs. 4,500 per class, while a company, LLP, or other entity pays Rs. 9,000 per class; physical filing costs Rs. 500 more in each case. These are statutory fees under the Trade Marks Rules, 2017 and are non-refundable, and professional charges are separate. A registered trademark is valid for ten years from the date of filing and can be renewed indefinitely for further ten-year terms, with renewal best done six months before expiry to avoid a surcharge. A trademark is an intangible asset rather than a taxable item, so no tax attaches to the registration itself.

Trademark Government Fees (per class)

Applicant Type E-Filing Physical Filing
Individual / Startup / MSME Rs. 4,500 per class. Rs. 5,000 per class.
Company / LLP / Others Rs. 9,000 per class. Rs. 10,000 per class.
Validity 10 years from filing. Renewable indefinitely.

Frequently Asked Questions

What does a trademark protect?

It protects your brand, a business name, logo, or tagline, by giving you the exclusive right to use it for your goods or services across India.

How much does trademark registration cost?

The government fee for e-filing is Rs. 4,500 per class for individuals, startups, and MSMEs, and Rs. 9,000 per class for companies and other entities, charged per class.

How long is a trademark valid?

A registered trademark is valid for ten years from the date of filing and can be renewed indefinitely for further ten-year terms.

What is the difference between TM and R?

The TM symbol can be used as soon as the application is filed, while the R symbol can be used only after the mark is registered.

How long does registration take?

An uncontested trademark application usually takes about eight to twelve months from filing to registration.

Can startups get a discount?

Yes. Startups recognised by DPIIT and MSMEs registered under Udyam pay the concessional fee of Rs. 4,500 per class instead of Rs. 9,000.