Trademark Registration

What is a Trademark? 

A trademark is a special sign that helps people recognize a brand. It can be a name, logo, symbol, word, or phrase used to identify a product or service. 

For example, when you see or hear “Coca-Cola,” you instantly know which company it belongs to. That’s because “Coca-Cola” is a registered trademark. 

What Can be Trademarked? 

In India, the Trademarks Act, 1999 (Section 2(1)(zb)) says a trademark can include: 

• A name or word 
• A logo or symbol 
• A slogan or phrase 
• The shape of a product 
• The packaging style 
• A specific color combination 

As long as it clearly identifies the brand and makes it different from others, it can be protected. 

Example: Fevicol’s name and logo are registered trademarks. That’s why no other glue brand in India can legally use the same name or design—this protects Fevicol’s identity in the market.

Who Should Register for a Trademark in India? 

• Business Owners looking to protect their brand identity. 
• Startups wanting to secure their brand from day one. 
• Companies who want to ensure no one else uses their unique name or logo. 
• Manufacturers of unique products to keep their brand safe from imitation. 
• Service Providers want to protect their service names or logos. 

Why is Trademark Registration Important? 

Registering a trademark is important for protecting your brand. It gives your business the exclusive legal right to use your brand name, logo, or other identifiers, and prevents others from copying or using something similar. This helps avoid customer confusion and builds trust in your brand. Here are some benefits of the same. 

1. Protects Business Reputation and Goodwill 

A registered trademark safeguards your brand’s identity. It gives you the legal right to stop others from misusing your name, logo, or any other brand element—protecting your reputation and the goodwill you’ve built over time. 

2. Strengthens Brand Identity and Market Presence 

Trademarks help customers easily recognize your products or services, which builds familiarity and trust. A strong trademark also boosts marketing efforts, improves visibility, and supports long-term brand growth. 

3. Offers Legal Protection Against Copying 

Once your trademark is registered, the law protects it. You can take legal action against anyone who uses it without permission, helping you prevent imitation and maintain your unique identity in the market. 

4. Builds a Valuable Business Asset 

A trademark is more than just a symbol—it’s a business asset. It can be licensed, sold, or transferred, increasing the overall value of your company and opening up new revenue opportunities. 

Real-World Example: Starbucks vs. SardarBuksh 

In 2018, global coffee giant Starbucks Corporation filed a legal case against SardarBuksh Coffee & Co., a Delhi-based café chain. 

• SardarBuksh had started expanding in Delhi using a name and green-and-white logo that resembled Starbucks. Instead of the iconic siren, their logo featured a turbaned man. 
• Starbucks argued that SardarBuksh’s branding was deceptively similar and amounted to trademark infringement and passing off. 

Legal Issue: 

•  Starbucks had registered its trademarks in India for its name, logo, and brand style. 
• SardarBuksh did not have a registered trademark and was using similar elements. 

Outcome: 

•  The Delhi High Court ruled in favor of Starbucks, recognizing its trademark rights. 
•  SardarBuksh was ordered to change its name and rebranded to Sardarji-Bakhsh Coffee & Co. They were also barred from using similar names or logos that could be confused with Starbucks. 

Conclusion:  Trademark registration protects your brand, reputation, and business. It gives you a legal edge, builds customer trust, and ensures your brand stands out—just like Starbucks did when it defended its identity in court. 

Documents Required for Copyright Registration 

Documents Required for Trademark Registration 

1. Trademark/Brand Name/Logo – A clear representation of the trademark (word/logo/image). 
2. Applicant’s Details – Name, address, nationality, and nature of the applicant (individual, company, etc.). 
3. Proof of Trademark Use (if already used) – Affidavit of use along with supporting documents like invoices, advertising materials, etc. 
4. Power of Attorney (Form TM-48) – Authorizing the trademark agent or attorney to file the application. 
5. Class of Goods/Services – Description of products/services under the correct trademark class. 

Additional Documents Based on Applicant Type: 

1. For Individual/Sole Proprietor: 
   • Copy of Aadhaar Card, PAN Card, or Passport of the applicant. 
   • Business name (if any). 
2. For Partnership Firm/LLP: 
   • Partnership Deed or LLP Incorporation Certificate.
   • PAN Card of the firm. 
   • Details of all partners (name, address, identity proof). 
3. For Private Limited Company/Public Company: 
   • Certificate of Incorporation. 
   • PAN Card of the company. 
   • Address proof of the registered office. 
   • Director’s Identity and Address Proof. 
4. For Trust/Society: 
   • Registration certificate of trust/society. 
   • Details of trustees or office bearers. 
5. For Foreign Applicants: 
   • Address for service in India. 
   • Original documents notarized and apostilled/legalized as per international requirements. 

Types of Trademarks in India 

Trademarks in India are classified based on the nature of the mark and how it distinguishes goods or services: 

• Product Mark – Identifies physical goods (e.g., Amul). 
• Service Mark – Identifies services (e.g., United Airlines, "Fly the Friendly Skies"). 
• Certification Mark – Indicates compliance with quality or safety standards (e.g., ISI, FSSAI). 
• Collective Mark – Used by group members to represent shared identity (e.g., ICAI for Chartered Accountants). 
• Shape Mark – Protects unique shapes of products or packaging (e.g., Coca-Cola bottle, KitKat bar). 
• Pattern Mark – Covers distinctive patterns used on goods or packaging (e.g., Louis Vuitton's checkerboard). 
• Sound Mark – Protects unique sounds associated with a brand (e.g., Yahoo's yodel, NSE theme music). 
• Symbol Mark – Covers distinctive visual symbols or emblems (e.g., Apple logo). 
• Color Mark – Protects a specific color or combination linked to a brand (e.g., Tiffany Blue). 
• Motion Mark – Covers animated logos or moving images (e.g., Google Doodles, Intel Inside intro). 

Online Trademark Registration Process in India 

Registration of a Trademark is done by the Registrar Office of Trademarks. When you plan on registering a trademark there are a few steps involved. 

Step 1: Search for Trademark 

• Before filing your trademark application, it’s important to conduct a thorough search to ensure your proposed trademark isn’t already registered or too similar to an existing one. This step helps you avoid potential rejections, legal disputes, or delays in the registration process. 
• You can do this yourself by visiting the official website of the Controller General of Patents, Designs and Trademarks. Use the Public Search feature on the Indian Trademark Registry portal to browse the online trademark database for similar or identical marks. 

Step 2: Choose the Correct Class 

Remember to identify the appropriate trademark class for your goods or services. India follows the Nice Classification, which includes 45 classes (Classes 1–34 for goods, 35–45 for services). 

Step 3: Prepare Required Documents 

Before you start the trademark registration process, it’s a good idea to have all your documents ready. Here’s what you’ll need: 

• Your trademark – whether it’s a name, logo, slogan, or design, have a clear version of it ready. 
• Identity proof – a PAN card, Aadhaar, passport, or any valid ID of the person or business applying. 
• Business registration proof – if you’re registering on behalf of a company, LLP, or partnership, keep your business docs handy. 
• Form TM-48 – this is a simple Power of Attorney that lets your legal representative file the application on your behalf. 
• Proof of use (if needed) – if you’ve already been using the trademark, include anything that shows this, like invoices, packaging, or advertisements. 

Step 4: Filing the Trademark Application (Form TM-A) 

• File the trademark application online through the official IP India portal https://ipindia.gov.in. Choose between: 
• Individual/startup/small enterprise (Rupees 4,500 or Rupees 5,000) 
• Others (Rupees 9,000 or Rupees 10,000) 

After successful filing, you’ll receive an acknowledgment and application number. 

Step 5: Examination by the Trademark Registry 

• The Registrar examines your trademark application. 
• You may receive: 
• Acceptance – Your application proceeds to publication. 
• Examination Report – If objections are raised, file a reply within 30 days. 

Step 6: Publication in the Trademark Journal 

• If your trademark is accepted, it will be published in the Indian Trademark Journal. 
• If no objections are filed within 4 months, the Registrar proceeds to register your trademark. 

Step 7: Trademark Opposition (If Any) 

• If someone files an opposition within 4 months of your trademark being published, the Registrar will send you a copy of that opposition notice. 
• You must reply within 2 months by filing a counter statement. 
• If you don’t reply in time, your application will be rejected and treated as abandoned. 
• But if there is no opposition, this step is skipped, and your trademark moves ahead for final registration. 

Step 8: Hearing on Trademark Opposition (Only if there’s opposition) 

• This step applies only if there is a trademark opposition. 
• After you submit your counter statement within 2 months, the Registrar sends it along with your evidence to the third party. 
• Both sides will be given a chance for a hearing after submitting their evidence. 
• The Registrar will hear both parties, review the evidence, and then decide to accept or reject the trademark. 
• If your trademark is accepted, the Registrar will move ahead to issue the registration certificate. 

Step 9: Registration Certificate Issued 

If there’s no opposition, or if opposition is resolved in your favor, The Registrar will accept your trademark application the trademark is officially registered, and you receive the Trademark Registration Certificate. 

Difference between Trademark, Copyright and Patent 

Trademark Guide for Indian Businesses

Dos, Don’ts & Expert Tips

 Bonus Expert Tips for Indian Startups & Founders

Why Choose DigiLawyer for Trademark Registration? 

Post Registration Compliance with DigiLawyer 

1. Infringement Action & Legal Enforcement  

If someone is using your trademark or something too close to it without you're okay, DigiLawyer has your back.  

Our legal team can: 

• Send out strong cease and desist notices 
• File lawsuits or complaints if things go further 
• Help you claim damages and stop the misuse of your brand 

2. Renewal Reminders & Filing 

Trademark registration is valid for 10 years, but it must be renewed before expiry to maintain rights. DigiLawyer: 

• Sends timely renewal reminders 
• Handles the renewal filing 
• Manages penalties if you’ve missed the deadline (restoration filing) 

3. Brand Expansion Support 

Once your trademark is registered, it's valid for 10 years but you’ve got to renew it before it expires to keep your rights intact. That’s where DigiLawyer steps in to make things easy. 

• We’ll send you timely reminders, so the renewal doesn’t slip through the cracks, handle the entire filing process, and if you’ve missed the deadline, no worries, we’ll help with the restoration filing too and get things back on track. 
• No stress, no last-minute rush, just smooth, on-time renewals. 

4. Ownership Changes & Assignments 

If your company structure changes or you're selling the brand, DigiLawyer manages: 

• We handle everything from transferring trademark ownership (called assignments), to updating your name or address in the trademark records.  
• We’ll also make sure all the changes are properly updated with the Trademark Registry, so your brand stays legally protected and up to date. 

5. Periodic Legal Review 

• We offer regular check-ins on your trademark portfolio to keep everything in good shape. 
• We’ll help you spot any unused trademarks that could be at risk of cancellation and give you smart advice on how to protect any new taglines, sub-brands, or updates you’ve introduced. It’s all about keeping your brand secure as it grows. 

FAQs Related to Trademark Registration