Trademark and Copyright Registration in India: Search to Certificate

How do I register a trademark in India?

You file an application in Form TM-A with the Trade Marks Registry, online through the IP India portal, after deciding the mark, the applicant, the classes and the description of goods or services. The application gets a number and a filing date the same day, and from that day you have a pending application that can be cited against later applicants. You can use the ™ symbol from the start.

The Registry then checks formalities and examines the mark against the absolute grounds in section 9 (is it distinctive, is it descriptive, is it deceptive) and the relative grounds in section 11 (is it similar to an earlier mark for similar goods). If the examiner raises objections, you reply in writing within one month and may be called for a hearing. If the mark is accepted, it is advertised in the Trade Marks Journal.

After advertisement, anyone has four months to oppose. If no opposition is filed, or an opposition is decided in your favour, the mark is registered and a certificate issues. Registration is dated from the application date, so your ten years start from the day you filed, not the day the certificate arrives.

Trademark registration step by step

This is the sequence for a typical application. Statuses in brackets are what you will see on the Registry's online status page.

1. Search the register

   We search the Registry's database for identical and similar marks in the relevant classes, including phonetic variants and, for logos, similar devices. We also check company names, domain names and marketplaces, because an unregistered prior user can still oppose you.

2. Settle the mark, class and description

   We decide whether to file a word mark, a logo or both, and draft the list of goods or services in the words of the classification. A description that is too narrow leaves gaps; one that is too wide invites objections and later non-use challenges.

3. Decide the applicant and user date

   The application must be in the name of the real owner: the individual proprietor, all partners of a firm, the company or the LLP. If you are already using the mark, the date of first use is claimed with a supporting user affidavit and evidence.

4. File Form TM-A

   The application is filed online with the official fee, which is lower for individuals, startups and small enterprises. You receive the application number at once (status: New Application, then Formalities Chk Pass).

5. Examination and reply

   The examiner issues an examination report, and if there are objections the status shows Objected. The reply must be filed within one month, with arguments and evidence; if the examiner is not satisfied, a show cause hearing is fixed.

6. Acceptance and advertisement

   Once the objections are cleared, the mark is accepted and advertised in the Trade Marks Journal (status: Accepted and Advertised, or Advertised before Acceptance). The four-month opposition window starts from the date of the Journal.

7. Registration certificate

   If no opposition is filed, the mark proceeds to registration and the certificate can be downloaded from the portal (status: Registered). From this point you may use the ® symbol.

If an opposition is filed, the application goes into a separate contested process before a hearing officer, explained further down this page.

How do I check if a trademark is available?

Search the Registry's public database for the exact word, for spelling variants and for words that sound the same, in every class you plan to file in and in related classes. The public search on the IP India site allows word searches with options for phonetic matches, and logos are searched using the Vienna classification codes for their figurative elements. A single exact-match search, which many people stop at, misses most of the risk.

Look beyond the register. A business that has used the name for years without registering can oppose your application and can sue you for passing off, so check the MCA company name database, domain names, marketplaces, social media handles and a plain internet search. A search report gives you a risk assessment, not a certainty, because recently filed applications may not yet appear in the database.

Advocate B.K. Singh's advice on new brands is simple: if the search throws up a close mark in your own class, change the name now. Rebranding at the idea stage costs a logo; rebranding after two years of sales costs much more.

Which trademark class do I need?

India follows the Nice Classification: 45 classes, 1 to 34 for goods and 35 to 45 for services. These are the classes small and mid-sized businesses ask about most. Many businesses need more than one.

Who should be the applicant for my trademark?

The applicant must be the person or entity that owns the brand and controls its use. A sole proprietor files in their own name, trading as the business name, because a proprietorship has no separate legal identity. A partnership firm files in the names of all the partners, and a company or LLP files in its own name.

Getting this wrong causes real problems. We regularly see marks filed in the name of a family member, an employee, a director personally or the agency that handled the filing, followed years later by a dispute over who owns the brand. If the business is to be run by a company, either file in the company's name or record an assignment to it when the company is formed.

Individuals, startups recognised by DPIIT and small enterprises with Udyam registration pay a lower official fee, so keep the certificate ready if you qualify. If you are planning to incorporate soon, our page on company registration and firm incorporation explains the choice of structure, which affects whose name the mark should be in.

Should I register the word mark or the logo first?

If you can register only one, register the word mark. A word mark protects the name in any font, style or colour, while a logo registration protects the particular design and may not stop someone using the same name in a different style. Most businesses that can afford two filings register both.

A logo is often registered in black and white. Under section 10(2) of the Trade Marks Act, a mark registered without limitation as to colour is deemed to be registered for all colours, which gives flexibility if the brand colours change. If the colour combination itself is distinctive, file the colour version as well.

Taglines, product names and packaging can also be registered. Choose names that are invented or arbitrary for the goods (a made-up word, or an ordinary word with no link to the product), because these clear examination easily and are easiest to enforce. Words that describe the product's quality, purpose or origin attract objections under section 9.

What does "proposed to be used" or a user date mean on the application?

The application asks whether the mark is already in use and, if so, since when. If you have not yet started selling under the mark, you file on a proposed to be used basis, which is perfectly valid. If you have been using it, you claim the date of first use, which can help you in examination and in any later dispute.

A claimed user date must be supported by a user affidavit and evidence: invoices, advertisements or other dated material showing the mark in use for the goods or services applied for. A date you cannot prove is worse than no date, because it damages your credibility in an opposition. Claim the earliest date your documents can actually support.

Keep collecting evidence of use after filing. A registered mark that is not used for five years and three months can be removed for non-use, and your sales and advertising record is also what makes a later infringement or passing off case strong.

What is a trademark examination report and how do I reply?

The examination report is the Registry's list of objections to your application, and you have one month from receiving it to file a written reply. If no reply is filed in time, the application can be treated as abandoned. Many applications receive some objection, so an examination report is a normal stage, not a refusal.

Objections fall into two groups. Section 9 objections say the mark is not distinctive, is descriptive, or is customary in the trade. Section 11 objections cite earlier marks that the examiner considers similar for similar goods or services, and the report lists them.

A good reply deals with each objection specifically. Against a section 11 citation, it shows how the marks differ in look, sound and idea, how the goods or trade channels differ, and sometimes that the cited mark is not in use. Against a section 9 objection, it shows that the mark is not directly descriptive, or that it has acquired distinctiveness through use, supported by an affidavit with sales figures and advertising material. If the examiner is still not satisfied, a show cause hearing is fixed, which can be attended online.

Common trademark objections and how they are usually answered

• Descriptive mark (section 9(1)(b)). The word describes the kind, quality, purpose or origin of the goods. The reply argues that the mark is suggestive rather than descriptive, or shows acquired distinctiveness through long use with evidence.
• Lack of distinctive character (section 9(1)(a)). Common words, surnames, simple shapes or laudatory terms. The answer is usually evidence of use, or limiting the application to a stylised logo form.
• Similar earlier mark (section 11). The examiner cites one or more earlier marks. The reply compares the marks as a whole, points out differences in goods and customers, and checks whether the cited marks are abandoned, removed or unused.
• Vague specification of goods or services. Terms like all goods in the class or general services are not accepted. This is fixed by amending the description to acceptable wording.
• Applicant or user detail issues. Missing partner names, a user date without an affidavit, or a mismatch in the applicant's details. These are corrected by filing the right documents or a request for amendment.
• Prohibited or sensitive words. Marks containing names or emblems protected under the Emblems and Names (Prevention of Improper Use) Act 1950, or words likely to hurt religious sentiments, face objections that are hard to overcome. Choosing a different mark is usually wiser.

My trademark application has been opposed. What happens now?

You must file a counter-statement within two months of receiving the notice of opposition, or your application will be treated as abandoned. This deadline is strict, so check the portal and your email regularly once your mark is advertised. The counter-statement answers each ground of opposition and sets out your own case.

After the counter-statement, the opponent files evidence by affidavit, then you file yours, and then the opponent may file evidence in reply. If the opponent does not file evidence in time, the opposition can be treated as abandoned; if you do not file yours, your application can be. The matter is then heard by a hearing officer of the Registry, who passes a reasoned order.

Oppositions take time, often well over a year, and many are settled along the way with one side limiting its goods or agreeing to coexist. The contested side of trademark law, including oppositions you may want to file against others and rectification of the register, is covered on our trademark and copyright law page.

How long does trademark registration take in India?

There is no fixed timeline, and we will not promise one. An application with no objections and no opposition can move from filing to registration within several months to a year or so, depending on the Registry's workload at the time. An objection and a hearing add months; an opposition can add a year or more.

An expedited examination can be requested by filing Form TM-M with a higher official fee, which brings the examination forward. It speeds up the Registry's first step only; it cannot shorten the four-month opposition window or the time an opposition takes.

The wait matters less than people think. Your rights date from the application, you can use the ™ symbol from the start, and a pending application is cited against later applicants for similar marks.

Can I use the ™ and ® symbols?

You can use ™ at any time, whether or not you have applied, to show that you claim the sign as your trademark. The ® symbol may be used only after the mark is registered, and only for the goods or services covered by the registration.

Using ® on an unregistered mark, or for goods outside the registration, is falsely representing a mark as registered, which is an offence under section 107 of the Trade Marks Act. It also hands the other side an easy argument in any later dispute. If your registration covers Class 30 only, do not print ® on the restaurant menu that falls under Class 43 until that class is registered too.

Renewal, assignment and keeping the registration alive

A trademark registration lasts ten years from the application date and can be renewed for further ten-year periods without limit. The renewal application in Form TM-R can be filed up to one year before expiry. If you miss the date, you can still renew within six months after expiry with a surcharge, and within one year after expiry you can apply to restore a mark that has been removed.

Keep your address for service and email up to date with the Registry, because notices and renewal reminders go there. If the business changes hands, or a proprietor brings the mark into a new company, record the assignment with the Registry in Form TM-P. Unrecorded assignments are a common problem when brands are sold or used as security.

Use the mark as registered and for the goods registered. A registration that has gone unused for five years and three months is open to removal, and a mark used only in a heavily altered form may not count as use of the registered mark.

How do I register copyright in India?

You file an online application with the Copyright Office, in Form XIV under the Copyright Rules 2013, with a copy of the work, details of the author and owner, and the official fee. After filing, there is a waiting period of 30 days for anyone to object. If no objection is received and the examiner finds no discrepancy, the work is entered in the Register of Copyrights and you receive the extract of the register.

If the examiner finds a discrepancy, a letter is issued and you must reply, and a hearing may follow if an objection has been filed. Registration of software usually requires submission of part of the source code, and registration of a work by someone who is not the applicant needs a no objection certificate or an assignment from the author.

Logos and labels need one extra step. Where an artistic work is used or is capable of being used on goods, section 45 of the Copyright Act requires a search certificate from the Trade Marks Registry showing that no identical or similar mark is registered or applied for by someone else. Copyright in a logo is useful, but it does not replace trademark registration.

Documents for trademark and copyright registration

Scanned copies are enough for filing. We will tell you which documents need signing or notarisation for your case, and you can ask us for the current TM-48 authorisation format (see our page on legal forms and formats).

Trademark and copyright registration compared

Can I register my trademark abroad through the Madrid Protocol?

Yes. India is a member of the Madrid Protocol, so an Indian applicant can file one international application through the Indian Trade Marks Registry, designating the member countries where protection is wanted. The international application must be based on an Indian application or registration for the same mark and the same or narrower goods. It is filed in Form MM2 and forwarded to WIPO, and fees are payable to WIPO for each designated country.

Each designated country examines the mark under its own law and can refuse protection within its time limit, typically 12 or 18 months. For the first five years the international registration depends on the Indian base mark: if the Indian application is refused or cancelled in that period, the international registration falls with it, which is why a solid Indian filing matters first.

For one or two countries, a direct national filing through local counsel can sometimes be simpler. Under section 154 of the Trade Marks Act and the Paris Convention, you can claim the Indian filing date as priority if you file in another convention country within six months. We discuss these choices in general terms and work with foreign associates where a country-specific filing is needed.

Before you file: a short checklist

• The name is not descriptive of your product and is not close to a mark in your own class
• You have searched company names, domains and marketplaces as well as the register
• The applicant is the real owner, and all partners are named if it is a firm
• You know which classes cover what you sell now and what you will sell in the next few years
• The description of goods or services is specific and in acceptable wording
• Any claimed user date is backed by dated invoices or advertisements
• You own the copyright in the logo, with a written assignment from the designer if needed
• Someone will watch the portal and email for the examination report and any opposition

Costs and how we handle registration work

Official fees are fixed by the Trade Marks Rules and the Copyright Rules, are charged per class or per work, and are lower for individuals, startups and small enterprises; we tell you the current figure before filing. Our professional fees are discussed at the first meeting and agreed in writing, stage by stage: search, filing, examination reply, hearing, and opposition if one arises.

Advocate Sadhna Singh usually handles the filing work: the search, the specification, the applicant details, and tracking the application through the portal. Advocate B.K. Singh reviews search results where there is a real conflict risk, and handles oppositions and hearings that turn contested. For software and app brands his MCA background helps in describing the product in the right classes. You can learn more about the partner who handles filings, or send your proposed name through the enquiry page.

If you are signing agreements with designers, developers or licensees at the same time, our page on contract drafting and vetting explains how ownership and licence terms should be written.