Who can apply?
Individuals, startups, companies, and organisations — anyone using or proposing to use a mark in India.
Trademark Registration in India
Trademark registration in India secures exclusive rights to use a mark for the goods and services it is registered for. It helps prevent competitors from using confusingly similar signs and strengthens your brand value.
What is protected?
Names, logos, monograms, wordmarks, slogans, and combinations — protected as long as they are distinctive.
Registration term
Initial 10-year term from the date of application (or registration) and renewable indefinitely in 10-year blocks.
What is a Trademark?
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. It may include words, logos, symbols, letters, numerals, shape of goods, packaging, and combination of colors. The essential function of a trademark is to identify the commercial origin of products and services.
- Distinctiveness: Only distinctive marks are registrable; purely descriptive or generic marks are typically refused unless they have acquired distinctiveness through use.
- Exclusive right: Registration gives the proprietor the exclusive right to use the mark in relation to the goods/services listed in the registration.
- Enforcement: Registered owners can stop unauthorized use and seek remedies including injunctions and damages.
Trademark Act of 1999
The Trade Marks Act, 1999 is the principal statute governing trademarks in India. It modernised trademark law and introduced clearer procedures for registration, opposition, rectification, and remedies.
Key highlights
- Defines the scope of registrable trademarks and classes of goods/services (based on the Nice Classification).
- Provides procedure for application, examination, publication, opposition, and registration.
- Introduces remedies for infringement, passing off, and provisions for penalties.
- Allows assignment, licensing, and recordal of transactions affecting trademarks.
Mundra Legal Consultants can help with every step under the Act — from selecting a strong mark and clearance searches to filing, prosecution, and enforcement.
Why Should You Register Trademark?
Registering a trademark is a strategic business decision that delivers legal protection and commercial benefits:
- Exclusive rights: Prevents others from using confusingly similar marks for related goods/services.
- Brand value: Registered marks become valuable intangible assets and increase goodwill.
- Legal remedy: Easier enforcement against infringers and stronger position in disputes.
- Nationwide protection: A registered mark in India is protected across the country.
- Licensing & monetization: Enables licensing, franchising and sale of brand assets.
If you want, we can run a complimentary clearance search and advise on registrability and suitable classes to maximise protection.
Understanding Trademark Registration
Trademark registration is the process of securing exclusive legal rights to your brand name, logo, or symbol. In India, it is governed by the Trade Marks Act, 1999, which allows you to protect and exclusively use your intellectual property in the marketplace.
The Application Process
The trademark application process involves filing Form TM-A with the Trademark Office and selecting the appropriate class for your goods or services. This classification ensures that your brand receives the correct legal protection. The process includes trademark search, application filing, examination, publication in the Trademark Journal, and registration.
After Registration
Once registered, you gain the right to use the ® symbol, signifying that your trademark is officially recognized. A registered trademark is valid for 10 years and can be renewed indefinitely. This provides long-term protection and exclusive rights to use your brand identity.