How Trademark Registration Works in India, Step by Step

Under the Trade Marks Act, 1999, a trademark can be a name, logo, slogan, shape, or even a combination of these, used to tell one business's goods or services apart from another's. Registering it is optional, but it is what gives the owner clear, enforceable rights.

Step one: search before you file

Before applying, the trademarks register is searched for identical or similar marks in the same field. This is the cheapest stage at which to find a problem, since a conflicting mark is far easier to avoid than to fight later. The application must also specify the class of goods or services it covers.

The stages after filing

Once the application is filed with the Trade Marks Registry, it moves through a set sequence.

• Examination: the Registry reviews the mark and may issue an objection, to which a reply must be filed within the stated time
• Hearing: if the objection isn't resolved on paper, the applicant can argue the case at a hearing
• Publication: an accepted mark is published in the Trade Marks Journal
• Opposition window: anyone who believes the mark conflicts with theirs can oppose it, generally within three months of publication, extendable by one month
• Registration: if there is no opposition, or it is decided in the applicant's favour, the certificate is issued

Using the symbols correctly

The ™ symbol can be used while an application is pending, or even before one is filed. The ® symbol is only for marks that have actually been registered, and using it earlier can create legal trouble of its own.

Duration and renewal

A registered trademark is valid for ten years from the date of application and can be renewed for further ten-year periods, as long as renewal is filed on time. A missed renewal can leave a valuable brand unprotected.

The takeaway

Most trademark problems are decided by what happens at the beginning: a proper search, the right class, and an accurate description of the mark. Time spent there tends to save far more than it costs later.