Trademark Registration - TM Application Online

Protect your brand, slogan or logo. Begin now and use the trademark symbol beside your name in three working days.

  • Trademark Search

    We conduct a thorough search of the TM directory

  • Authorisation Letter Drafting

    So we can file it on your behalf

  • Discussion on Class

    Advice on the classes you need to apply under

  • Final Application

    Filing the forms with the Registrar

  • Regular Updates

    You will receive updates until registration

What is Trademark Registration in India And How To Register a Trademark?

A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell; however, most businesses are only looking for a brand name registration or logo registration. Owners of trademarks have exclusive rights to their use under the categories they are registered in (there are a total of 45 categories, called classes).

Trademark registration enables owners to easily establish their right to the trademark in court and earn royalties. It also deters piracy and prevents similar company names from being registered by other businesses. You can conduct a trademark search, to check if your brand name clashes with existing trademarks. In India, you could get a ™ within three days, but it takes up to two years for it to be registered so that you can use the ® symbol.

Trademark Registration Process Online

Fill up the Trademark Registration Form

Before you begin the procedure, you need to fill up the Trademark form mentioning all the relevant details. The form asks for details about your business, in case the trademark is being registered in its name), and the logo, word, slogan you're registering.

Trademark Search

Before you go ahead and register, we will run a trademark search to check on the availability of your brand name or logo. If you go ahead with your trade mark registry with Vakilsearch, we ensure that a thorough search is conducted. If your brand name or logo has already been trademarked, we would also suggest ways you could modify the application so that there is no objection by the registrar.

Selection of Class

Every brand name or logo is registered under a particular class (i.e. a sector of industry). The Trademark Registry has classified goods and services under 45 classes. For example, cars are registered under one class, while restaurants are registered under another. We will recommend the classes you should register under based on the type of business you fall under.

Trademark Application Filed: Get TM Number

Once you get your Trademark application filed, you will be provided with a TM number from the registrar. The TM number is important for two reasons. One is that it helps you track your application and two, it allows you to use the ™ symbol near your trademark.

Time to Complete: Two working days

Affixing the Vienna Codification

This is an important step in the Trademark process. The Vienna Classification or Vienna Codification is an international classification of the elements of marks. Once you have filed an application for a trademark, the Trademark Registrar will affix a Vienna Classification on your trademark. At this stage, the application reads,, ‘Sent for Vienna Codification”.

Trademark Examination

After your trademark is sent for Vienna Classification, the Trademark Officer will examine your trademark using certain procedures and guidelines. The officer has the right to accept the applications or out forth obligations.

Time to Complete: Two working days

Hearing Before Trademark Officer/Registrar

If the officer rejects your application for a trademark, you can apply for a hearing before him. If the officer is satisfied with the points put forward by you, he will pass on your application to the next stage. If he is not satisfied, he will reject your application. In case you are not satisfied with the reason of trademark rejection, you can approach the Intellectual Property Appellate Board. For a hearing.

VakilSearch Trademark Registration Package Includes:

  • We conduct a thorough search of the TM director.
  • We prepare an authorization letter , so we can file for trademark registration on your behalf.
  • We offer you with advice on the classes you need to apply under.
  • We assist you in filling up the forms with the Registrar
  • We constantly provide you with updates until the registration process is complete.

Documents Required for Trademark Registration

While filling a trademark with the Trademark Registrar, one has to provide the following documents.
  • Name of the applicant
  • Type of Business
  • Main Objectives of the Business
  • Name of the Brand/ Slogan/ Logo
  • Address of Registration

What can be Trademarked and Who all can Apply for Trademark ?

In India, the following items can be trademarked, Sounds, Colours, Logos, Phrases, Words, Symbols, Images, Initials or a combination of all can be trademarked. The thing to keep in mind is that all of these mentioned above have to identify with the good and services of a particular business form the rest.

Trademarks can be applied by individuals, LLPs, private firms, Indian Companies and even NGOs. In the case of the company or an LLP or an NGO, the trademark has to be registered in the name of the concerned business.

What is a Trademark?

A trademark is essentially a characteristic of your brand. It could be your brand name, your brand’s logo, or even your brand’s slogan. For example, 'Nike', the ‘Swoosh’, or the slogan ‘Just Do It’. In some cases, the brand’s name and logo are combined into one, as in the case of BMW, or Coca-Cola. That is called a Logo Composite Mark.

A trademark grants you commercial rights to sell a particular brand name in a certain sector of the economy. There are 45 sectors and each sector is called a class. For instance, Class 28 refers to Toys, Games, and Sports. So if you want to protect your toy brand, you need to make an application under Class 28 and get exclusive commercial rights, to sell your brand of toys under that class.

6 Facts on your Trademark Application

What is a trademark?

A trademark is essentially a characteristic of your brand. It could be your brand name, your brand’s logo, or even your brand’s slogan. For example, 'Nike', the ‘Swoosh’, or the slogan ‘Just Do It’. In some cases, the brand’s name and logo are combined into one, as in the case of BMW, or Coca-Cola. That is called a Logo Composite Mark.

Who owns a trademark?

A trademark grants you commercial rights to sell a particular brand name in a certain sector of the economy. There are 45 sectors and each sector is called a class. For instance, Class 28 refers to Toys, Games, and Sports. So if you want to protect your toy brand, you need to make an application under Class 28 and get exclusive commercial rights, to sell your brand of toys under that class.

Is my trademark available?

If you have a certain brand name, or a logo, or a slogan in mind, we can do a trademark search for you. A simple way to do this yourself, is to just go online to the internet and check if there is a similar company with a similar name to yours, on the internet. You should also check if the domain name of your brand is available or not.

What if the trademark is taken?

No need to worry. If your trademark brand name is taken, you can prepare a Logo Composite Mark by combining your logo and your name, and apply as one. This is a common strategy used to apply for a trademark, even if the trade name itself has been taken.

What do I need to provide?

You need to give us a signed letter, allowing us to apply for your trademark. This is called an Authorisation Letter. Once an Authorisation Letter has been received, we prepare your documents, make the application for you online, and pay the necessary trademark fees. Almost instantly, you get a confirmation of the application and you can start using the ™ symbol next to your name.

How long does it take?

The trademark registration application process is done almost instantly. It can be done within a few hours of you giving us your Authorization Letter. The Government, after we make the application, takes 18 to 24 months, to confirm the registration and give you the confirmed Registration Certificate for your trademark. You can then use the ® symbol next to your name.

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Advantages of Trademark Registration

Legal Protection

If you believe your registered trademark is being infringed, it is easy to establish your right to it in court. If you haven't registered the word, slogan or logo, you would not be able to do so. Particularly in sectors in which piracy is rampant, trademark registration is essential.

Business Opportunity

A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald's. Businesses can earn huge money in royalties through licensing agreements or even transfer ownership to interested parties through assignment agreements.

Unique Identity

You would want your customers to identify your products or services with yours only. Registering your trademark is the first step toward ensuring this. The court would then stop any similar words or slogans from being registered.

Different Trademark Symbol and Usage

In India, the TM, R and C symbols are commonly used for trademarking. For a clear understanding, let us look at some of the common usages of the above mentioned symbols.

® - R Symbol

You are given the ® - R Symbol to use as soon as you file an application for a trademark with the registrar. You can use this symbol to protect your trademark from an infringement, under the trademark laws.

Please note, you can only use the ® – R Symbol if you have applied for a trademark registration, applying for one without a registration is illegal.

™ - TM Symbol ©

The ™ - TM Symbol © is used in connection with an unregistered trademark. It aims to warn any person against infringement of a symbol, logo or name.

The ™ mark does not guarantee that your trademark is protected under the copyright act and a person can use it if his or her trademark application has been rejected.

© - C Symbol

The © symbol is reserved for content that can be copyrighted. This can include photography, artwork, films, literary works and books. Most countrie in the world, including India have made the © - C Symbol mandatory to use for copyright claims.

SM Symbol

The SM symbol concerns those in the service industry. This symbol is generally filed under the class 35 - 45. This is generally used in connection with a service mark like banking, legal services, etc. Just like the ™ symbol, a person with a SM mark is not guaranteed protection under the trademark law.

FAQs on Filing a Trademark

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the trademark class/classes the goods/services represent. The trademark would be registered under those classes only.
If your trademark is similar to an existing application, would hurt religious sentiments, contains geographical names or common words. It would also be rejected if it is likely to cause confusion. So you can't register the word 'car' for a car brand, but may do so for a brand of electronics.
As soon as you file the application, you receive an acknowledgement, which gives you the right to use the ™ symbol. Once it's registered, you can use the ® symbol.
Before settling on a brand name, you need to check if it can acquire the legal rights necessary to hold on it. This is because the commercial rights to a brand name belong to the owner of its trademark. To find out if yours has already been taken, you can run a trademark search, which is basically a database search of India’s Intellectual Property Database. Now, running the search is easy. Begin by selecting the wordmark and typing in the word/s you want to register. The results will tell you whether there already is another registration in that name.

If there is one, check its status. If it is either approved, applied, objected or opposed, it makes sense to pick another name. Do also check for phonetic similarities with other registered names. To do this, you need to select the dropdown at the top of the page. While the phonetic search isn’t very accurate, you can say with certainty that your trademark will be approved if there aren’t any relevant matches here either.
If your brand name has already been registered, but under a different class, you're still in luck. Unless the brand is too well known (McDonald’s or Fiat, let’s say), your application is likely to be approved. If, on the other hand, a trademark has been registered by another brand after you began using it, you should take the matter seriously. Find out the origin of the goods and send the office a cease-and-desist letter. Although it does not apply exclusively to intellectual property, such a letter is usually sent in cases of infringement. If the party does not cease and desist from selling the goods with your trademark within the time mentioned in the letter, you may take them to court.
You can't get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. Take BMW as an example. The BMW is within the logo. A prefix would also be permissible. This is known as a logo composite mark. So there is a way out, but it is best to have a unique name.
It depends entirely on the government's judgement. But if it is unique, it is highly likely that it will be granted.
Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.
Any expression of your brand that distinguishes it from all other brands can be trademarked. This, therefore, includes your brand name, logo or slogan. New brands need only bother themselves with these three types, though more successful brands, that have much more to protect, trademark much else. Levis, for example, has trademarked the position of its red label on all its jeans. Cadbury’s fought hard to maintain exclusive rights to use the colour purple on packaging for chocolate, but ultimately lost the dispute with Nestle. Young start-ups, however, tend only to trademark a word or logo or else register a logo composite mark (when text is included within the logo).
Trademarks and copyrights are both intellectual property, but serve different purposes. A copyright applies to literary and audio-visual (music, photographs, movies) works. So it’s an exclusive right granted to the creator or author of a book, script, software, music, photograph or movie. The owner has the right to stop the publication of any work that shares similarities with his/her work, unless it has been fairly used. Registration is not necessary. However, as copyright infringement has become commonplace in the Internet age, and you need a registration to take the matter to court, copyright registration has gained importance.

A patent is a right granted for a product or process to an individual or enterprise. This right grants its owner the ability to exclude others from making, using, selling or importing the patented product or process without prior approval. In exchange for this right, the applicant must fully disclose the invention. A patent is valid for 20 years, after which it falls into the public domain.

Types of Intellectual Property

Trademark Copyright Patent Provisional Patent
Applies To
Words, logos, slogans Photographs, movies, music, software code Inventions & ideas Inventions & ideas
Business owners Artists & creative professionals Inventors & designers Inventors & designers
Ownership Without Registration
Yes, but rights are limited Yes, but rights are limited No No
Indefinite, but to be renewed every 10 years Lifetime of the author, plus 60 years 20 years 1 year
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Why Vakilsearch

3 Working Days

Just tell us a few details about your brand and we'll process your application. In three working days, you'll be ready to use the symbol alongside your brand name.

9.1 Customer Score

We make your interaction with government as smooth as is possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.

160 Strong Team

Our team of experienced business advisors are a phone call away, should you have any queries about the process. But we'll try to ensure that your doubts are cleared before they even arise.