Your brand name, logo, and slogan are the most visible assets of your business. They distinguish you from competitors and carry the trust of your customers. However, in India's competitive market, simply using a name does not guarantee ownership. Without a registered trademark, you are operating on borrowed time.
Trademark Registration gives you the exclusive legal right to use your brand across India. It empowers you to sue infringers for damages and stop them from using similar names. It essentially turns your "intangible" reputation into a "tangible" asset that can be licensed, franchised, or sold for profit.
Moreover, online platforms like Amazon Brand Registry, Flipkart, and Instagram require a valid trademark certificate to protect your listings from hijackers and counterfeiters. In the digital age, a trademark is your primary defense against identity theft. A registered trademark is notice to the public of the registrant's ownership claim on the mark.
"A trademark is the single most valuable asset a company can own. It is the bridge between your product and the customer's trust."
The Trade Marks Act, 1999, allows for the registration of various types of marks, provided they are capable of being represented graphically and distinguishing goods/services.
The most common form. It protects the name itself (e.g., "Google" or "Coca-Cola") regardless of font or style.
Protects the visual representation, logo, or symbol associated with the brand (e.g., the Nike Swoosh).
Protects distinctive catchphrases used in advertising (e.g., "Just Do It" or "I'm Lovin' It").
Protects the distinctive 3D shape of a product or its packaging (e.g., the shape of a Toblerone bar).
Protects a specific sound associated with a brand (e.g., the MGM Lion roar or the Netflix 'Ta-Dum').
Registering a trademark is a legal procedure governed by the Trade Marks Act, 1999. It is not an instant process but a journey that we navigate for you with precision.
We use advanced algorithms to find phonetic (sound-alike) and visual look-alikes. This "Clearance Search" prevents objection risks later. We check the Vienna code for logos to ensure no visual conflicts exist. A thorough search reduces the probability of rejection by 80%.
We identify the correct "Class" and draft the application (Form TM-A). We carefully structure your "User Affidavit" to claim prior usage rights. Submitting correct user dates is crucial; an incorrect date can lead to "abandonment" later. Once filed, you can start using the ™ symbol.
The Registrar examines the mark. If they issue an Examination Report with objections (common for new brands), our attorneys draft a robust legal reply. We cite relevant precedents (e.g., *Cadila Healthcare Ltd. v. Cadila Pharmaceuticals Ltd.*) to overcome Section 9 or 11 objections.
Once accepted, the mark is published in the Trade Marks Journal. This opens a 4-month window for third parties to oppose the mark (Section 21). If opposed, we enter 'Opposition Proceedings' involving counter-statements and evidence. If unopposed, it moves to registration.
The Registration Certificate is issued digitally by the Registry. You can now use the ® symbol. This certificate is valid for 10 years and acts as prima facie evidence of your ownership in any court of law.
The documentation varies slightly depending on whether you are applying as an individual, a startup, or a large company.
Trademarks are categorized into 45 distinct "Classes" under the Nice Classification system. Filing in the correct class is critical; a Class 25 registration (Clothing) will not protect your brand if you start selling Software (Class 9).
| Class | Category | Common Examples |
|---|---|---|
| Class 9 | Electronics & Software | Mobile apps, computers, software, sunglasses. |
| Class 25 | Clothing | Shirts, shoes, headgear, fashion accessories. |
| Class 35 | Business Services | Retail stores, e-commerce, advertising, consulting. |
| Class 41 | Education & Ent. | Schools, training institutes, event management, blogs. |
| Class 43 | Hospitality | Restaurants, cafes, cloud kitchens, hotels. |
Expert Insight: Most businesses need "Multi-Class Filing". For example, a Coffee Brand might need Class 30 (Coffee beans), Class 35 (Selling coffee online), and Class 43 (Coffee shop). We conduct a holistic "Class Analysis" to plug all protection gaps.
Receiving an examination report with objections is not a dead end. It is a standard part of the process where the Registrar asks for clarification. IPR Karo specializes in overcoming the two most common legal hurdles under the Trade Marks Act, 1999:
Objected because the mark is "descriptive," "generic," or "non-distinctive" (e.g., trying to register "Sweet Ice Cream" or "Best Shoes").
Our Strategy:
We draft a response proving "Acquired Distinctiveness". We submit user affidavits and evidence (invoices, media coverage) showing that due to long usage, this generic word has become a "source identifier" for your specific brand in the consumer's mind.
Objected because the mark is "identical" or "confusingly similar" to an already registered trademark or a pending application.
Our Strategy:
We perform a "Side-by-Side Comparison". We argue visual, phonetic, and conceptual differences. We also differentiate the nature of goods, trade channels, and customer base to prove there is no scope for confusion.
Even after the Registrar accepts your mark, it must survive the "Public Opposition" phase. For 4 months after publication in the Journal, any person can oppose your registration by filing "Form TM-O".
Common grounds for opposition include:
Opposition is a quasi-judicial process. It involves filing a Counter-Statement (Form TM-O), submitting Evidence (Rule 45, 46, 47), and finally, a Hearing before the Registrar. Our litigation team has a 95% success rate in defending trademarks against frivolous oppositions.
A trademark is valid for 10 years. You can file for renewal anytime within 1 year before expiry. The government fee is ₹9,000 per class (e-filing).
Deadline: Before 10th anniversary.
Missed the deadline? You can "restore" the mark within 1 year after expiry by paying a surcharge. After this window, the mark is permanently dead.
Deadline: 1 year post-expiry.
A registered trademark is intellectual property that can generate revenue beyond just sales.
Assignment is the permanent transfer of ownership (like selling a house). A "Deed of Assignment" is executed, and Form TM-P is filed with the Registry. You can assign a trademark with goodwill (transferring the brand value and customers) or without goodwill (transferring just the name for a new business line).
Licensing allows you to "rent" your brand. You (Licensor) allow another party (Licensee) to use your mark in exchange for Royalties. You retain ownership. A "Registered User Agreement" is filed (Form TM-U). This is the legal backbone of all franchise models (e.g., Domino's, McDonald's).
Trademark rights are territorial. Your Indian registration does NOT protect you in the USA or Dubai. To protect your brand globally, you have two options:
Registration is just the sword; you must wield it. If someone uses a mark similar to yours, you have statutory remedies.
Trademark infringement is a cognizable offence in India.
Technically, yes. However, trademark law is complex. A simple error in class selection or user date details can lead to rejection or abandonment of your application. Professional filing ensures your application is error-free, vetted for conflicts, and legally sound, saving you time and money in the long run. Self-filing rejection rates are significantly higher due to procedural errors.
A registered trademark is valid for 10 years from the date of application (not the date of grant). It can be renewed indefinitely every 10 years by paying the renewal fee via Form TM-R. If not renewed, the mark can be removed from the register, though a restoration window exists for one year post-expiry.
The ™ symbol can be used immediately after filing your application to indicate that you claim rights to the mark. The ® symbol can ONLY be used once your trademark is officially registered and you have received the registration certificate. Using ® before registration is a punishable offence under the Trade Marks Act, 1999.
Objections are common (raised in ~60-70% of cases). It means the examiner needs clarification regarding distinctiveness (Section 9) or similarity (Section 11). We draft a legal reply (Examination Response) arguing against the objection within the stipulated 30-day period. If the reply is satisfactory, the mark is accepted. If not, a hearing is scheduled.
No. Trademark rights are territorial. An Indian registration protects you only within India. For global protection, you must file under the Madrid Protocol (managed by WIPO) or file separate applications in each country. IPR Karo assists with international filings for verified exporters and global brands.
An opposition is a third-party challenge filed during the 4-month publication period. It initiates a quasi-judicial proceeding involving counter-statements, evidence rounds, and hearings. We have a specialized litigation team to handle such oppositions (Form TM-O) and defend your rights aggressively.
The government fee for individuals/startups/MSMEs is ₹4,500 per class, and for other entities (Private Limited Companies not being Startups/MSMEs), it is ₹9,000 per class. Our professional fee is separate and covers the search, drafting, and filing process. Additional costs apply for objection replies and hearings.
Yes! While words and logos are most common, Indian law recognizes 'non-conventional trademarks' like sound marks (e.g., the Nokia tune), shape marks (e.g., the Coca-Cola bottle), and even smell marks, provided they are distinctive and capable of graphical representation upon the register.
The 'User Date' is the date from which you have been continuously using the mark. India follows the 'First to Use' principle. If you can prove prior use with valid evidence (invoices, ads), you have a stronger claim than someone who filed earlier but used it later. We can claim usage all the way back to your first invoice.
Yes, a trademark is an intangible asset that can be sold, assigned, or franchised. This transfer of ownership is called 'Trademark Assignment' and can be done with or without the goodwill of the business.
"Fastest service! IPR Karo helped me get my MSME certificate and saved 50% on government fees. The filing was done within 24 hours as promised."
Priya Sharma
Fashion Designer
"I was worried about a Section 9 objection on my logo. Their team drafted a very professional reply and the objection was waived without a hearing. Highly recommended!"
Rahul Mehta
Tech Startup Founder
Our tech-enabled workflow allows us to file your TM-A application within 24 hours of receiving documents.
We don't just file forms; we craft legal strategies. Our team comprises senior IP attorneys and former examiners.
No hidden fees. We separate professional fees from government fees so you know exactly what you are paying for.
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