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How to Register Trademark in India: A Complete Guide

Creating a brand name and reputation in the market is every business owner’s priority. But have you ever wondered where these brands come from and what differentiates one product/service/concept from another? It is the trademark that makes the difference. Trademark is the symbol, phrase, word or design that gives each product a unique identity and distinguishes the source of goods of one party from others. To achieve this quality, businesspersons must complete the registration process.

If you wish to know how to register the trademark in India, this piece will be a great help for you. Read on!

How to Register a Trademark in India?

Here is a step-by-step guide on trademark registration in India.

Step 1 - Conduct a Trademark Search

Trademark search is essential to identify if there are similar marks available in the business, i.e., goods and services platform.

Step 2 -  Identify the Classes of a Trademark

Here, business persons focus on application preparation. Identify the classes of a trademark under which your business or services fall. Note: There are 45 classes for goods and services.

Step 3 - Complete the Application Filing Procedure

Here, business persons can file in a single class or multiple classes depending on the offered goods or services.

Step 4 - Send for Examination

After filing for trademark successfully, it is sent for examination.

Step 5 - Wait for Trademark Publication

Once the respective authority accepts the Trademark, it gets published in the Trademark Journal. If there is no opposition/objection after the publication, the registration process proceeds.

Step 6 - Issuance of Registration Certificate

 At last, the registration certificate is issued.

The steps mentioned above answer your question on how to get a registered trademark. However, knowing only the registration process is not enough. Goods and service providers must know certain other things to complete the registration process successfully. The following sections provide a detailed guide on Trademark registration-related information.

Who Can Apply for a Trademark?

Individuals, companies, proprietors, or legal entities can apply for trademark registration in the prescribed manner.

What Are the Essential Documents for Filing a Trademark Application in India?

Following is a list of documents required for filing a Trademark application in India.

  • Trademark or logo copy
  • Applicant and agent (if any) details like name, address
  • Goods or services to register
  • Period of use of the mark 
  • Power of attorney 

Till now, businesspersons have learned essential information about Trademark registration. As they must know, the classes under which they must register, the knowledge and availability of different types of Trademark and the function of these marks are also necessary. Read along!

What Are the Different Types of Trademarks?

There are different types of trademarks available for different products. These are as follows:

1. General Types of Trademarks

  • Generic Mark
  • Descriptive Mark
  • Arbitrary Mark
  • Suggestive Mark
  • Fanciful Mark

2. Specific Types of Trademarks

  • Service Mark
  • Trade Name
  • House Mark
  • Family of Marks
  • Certification Mark
  • Motion Mark
  • Logotype
  • Collective Mark
  • Trade Dress
  • Sound Mark
  • Hologram Mark
  • Multimedia Mark
  • Pattern Mark
  • Position Mark

What Are the Functions of a Trademark?

In this modern age of business, a Trademark serves four functions. These are as follows:

  • Trademark helps to identify the goods or services and their sources.
  • The symbols help to create an image for the goods or services.
  • Trademark helps in the advertisement of goods or services.
  • It ensures the consistency of quality. 

End your search for how to register a trademark in India and complete the registration process to give your product/service a distinct position in the market.

Frequently Asked Questions

How to register a Trademark online?

Businesspersons, i.e., goods and services providers, can register a Trademark online through the e-filing gateway present on the Office of the Controller General Patents, Designs & Trade Marks Department website.

How much does a Trademark cost to register?

For individuals, applicants, startups, small enterprises, online e-filing and in-person fees are ₹ 4,500 and ₹ 5,000, respectively. In other cases, online e-filing and in-person fees are ₹ 9,000 and ₹ 10,000, respectively.

How much time does it take to register a Trademark?

It usually takes from 18 to 24 months to register a Trademark unless there is an objection or opposition.