Overview
A registered trademark gives you the exclusive right to use a mark for specific goods or services, and the right to take action against anyone using a confusingly similar mark. It is registered under the Trade Marks Act, 1999 with the Trade Marks Registry.
You can use the TM symbol the moment you file, and the registered mark symbol only after the certificate is issued. The filing date also sets your priority, which matters if someone else later applies for a similar mark.
Registration is class-based. A mark is registered for the classes of goods or services you choose, so picking the right classes is as important as picking the mark.
Who should register a trademark?
Anyone building a brand they would not want a competitor to copy.
Usually a good fit if
- You are launching a product, shop, app or service under a distinct name or logo.
- You have already spent money on branding, packaging or domain names.
- You sell online and want to enrol in marketplace brand protection programmes.
- You plan to license, franchise or sell the brand in the future.
Think twice if
- Your name is generic or purely descriptive of the goods, which the registry often objects to.
- You are not yet sure the name will stay; changing it after filing means starting again.
Key benefits
Exclusive rights
Only you can use the mark for the registered goods or services.
Legal remedies
You can take action for infringement and, for registered marks, claim statutory remedies.
Priority from filing date
The date you file counts in any dispute with a later applicant.
Business asset
A registered mark can be licensed, assigned or franchised.
Customer trust
A protected brand signals a serious business.
Marketplace protection
Many online platforms ask for a trademark application or registration before offering brand tools.
What we need from you
The paperwork is simpler than most registrations. Most of the effort goes into the search and choosing the right classes.
About the applicant
- Name, address and nationality of the applicant (individual, company, LLP or firm)
- PAN or identity proof of the applicant or authorised signatory
- Certificate of incorporation or partnership deed for entities
- Udyam or startup recognition certificate, if you are claiming any concession the rules allow
About the mark
- The word mark exactly as it should be registered
- For a logo: a clear image file of the logo
- A short description of the goods or services and the classes you want to cover
- Languages and meaning, if the mark is not in English
If the mark is already in use
- The date you first started using the mark
- A user affidavit and supporting proof such as invoices, brochures or website screenshots with dates
Authority
- A signed power of attorney in favour of Taxswami or the authorised professional filing on your behalf
How the process works
Search the register 1 to 2 days
We check the trademark database for identical or similar marks in your classes, so we can tell you the risk before you spend on filing.
Choose the mark and classes 1 to 2 days
We confirm the exact form of the mark and map your goods or services to the right classes under the standard classification.
File the application 1 day
The application is filed on Form TM-A. You get an application number the same day and can start using the TM symbol.
Formalities check Days to a few weeks
The registry checks fees, details and the representation of the mark.
Examination 1 to 4 months
An examiner reviews the mark and either accepts it or raises objections in an examination report.
Reply and hearing 1 month to reply
You have one month from the report to respond. If objections remain, a hearing may be held where we present the arguments.
Publication and opposition 4 months
An accepted mark is published in the Trade Marks Journal. Anyone may oppose within four months, a window that cannot be shortened.
Registration After the opposition window
If the mark is unopposed, or an opposition is decided in your favour, the registration certificate is issued and you may use the registered mark symbol.
How long it takes
| Search, preparation and filing | 2 to 4 days |
| Formalities and examination | 1 to 5 months |
| Publication and opposition window | At least 4 months |
| Overall, if no objection or opposition | Roughly 12 to 18 months |
| Overall, with objections or opposition | 18 to 24 months or longer |
Timelines depend on the registry's workload. Check the official portal for the live position of any application.
After the certificate arrives
Registration is a long-term asset, and it needs some upkeep.
- Use the right symbolUse the registered mark symbol only after registration and only for the goods or services covered.
- Watch for similar marksMonitor the Trade Marks Journal and market so you can oppose or act on conflicting applications.
- Renew on timeA trademark is valid for ten years from the date of application and can be renewed for further ten-year terms. Renewal has a due date and a grace window.
- Record changesIf the owner's name, address or ownership changes, the registry record should be updated.
- Use the markA mark that is not used for a long period can be challenged for non-use.
Frequently asked questions
Can I use the TM symbol before the mark is registered?
Yes, from the day you file. The registered mark symbol can only be used once the certificate is issued.
How long does it really take?
If nobody objects, around twelve to eighteen months. If the examiner raises objections or someone opposes, it can take eighteen to twenty-four months or more.
Do I register the name or the logo?
They are separate marks. A word mark protects the name in any style, while a logo mark protects that specific design. Many businesses register both over time.
What happens if the examiner raises an objection?
You have one month to reply. We prepare the response and, if needed, appear at the hearing. Most objections are about similarity to an existing mark or the mark being descriptive.
Is a trademark the same as a company name or domain name?
No. A company name or domain does not give you trademark rights. Registering a company name does not stop someone else from registering a similar trademark.
Is the registration valid across India?
Yes. A registered trademark is protected throughout India for the classes it covers, for ten years, renewable.
This page is general information to help you prepare, not legal, tax or professional advice for your situation. Rules, forms, thresholds and due dates change, so we confirm the current position before we file anything for you. Taxswami Consultants is an independent professional services firm and is not a government body.