Trademark Registration

Trademark registration in India is the process of obtaining exclusive legal rights over a brand name, logo, tagline, or other distinctive mark under the Trade Marks Act, 1999, administered by the CGPDTM through the IP India portal (ipindia.gov.in). A registered trademark grants the owner nationwide exclusive use of the mark in the specified class, the right to use the ® symbol, and the right to sue infringers for damages and injunction. Registration is valid for 10 years from the date of application and renewable indefinitely. Lal Ghai & Associates provides complete trademark registration services in Punjab from offices in Ludhiana, Mohali, and Gurgaon.

To register a trademark in India, first conduct a trademark search to check availability, choose the correct trademark class, and file Form TM-A with the required details and documents through the IP India portal. The application is then examined, published in the Trade Marks Journal, and, if there is no successful opposition, a Trademark Registration Certificate is issued. Filing through a registered trademark agent or legal professional can help avoid errors and objections.

Trademark registration in India typically takes 18 to 24 months from application to Registration Certificate, assuming no opposition. The Trademark Registry issues an Examination Report within 3–6 months of filing. If objections are raised, the applicant has 30 days to file a reply. If accepted, the mark is published in the Trademark Journal for a 4-month opposition window. After no opposition (or opposition overcome), the Registration Certificate is issued. The ™ symbol may be used from the date of application — providing interim protection from Day 1.

The TM (™) symbol may be used from the date of filing a trademark application in India — indicating trademark rights are being claimed, though registration is pending. The ® symbol may ONLY be used after the Trademark Registry has issued the Registration Certificate. Using the ® symbol before registration is granted is a criminal offence under Section 107 of the Trade Marks Act, 1999, punishable with imprisonment up to 3 years and/or fine. Registered trademark (®) provides statutory nationwide rights; unregistered TM provides only common law passing-off rights.

The government fee for trademark registration in India starts at ₹4,500 per class for individuals, startups, and MSMEs filing online, and ₹9,000 per class for companies and other entities. In addition to the government fee, professional charges (₹3,000 to ₹5,000) may apply if you engage a trademark agent or legal professional to handle the filing process.

The government fee for filing a trademark application in India is ₹4,500 per class (online) for individuals, startups, and MSMEs, and ₹9,000 per class (online) for companies, LLPs, partnership firms, trusts, and other entities. These are official filing fees charged by the Trade Marks Registry. Professional fees, if any, are separate.

No. The government fee paid for filing a trademark application in India is generally non-refundable, even if the application is withdrawn, objected to, refused, or abandoned. Therefore, it is advisable to conduct a proper trademark search and file the application under the correct class before paying the official fee.

Any individual, startup, MSME, sole proprietor, partnership firm, LLP, company, trust, society, or foreign entity claiming ownership of a unique brand name, logo, slogan, or other distinctive mark is eligible to apply for trademark registration in India. A business does not need to be incorporated to file a trademark application.

Required documents include: PAN Card of the applicant; business registration proof (Certificate of Incorporation, Partnership Deed, or Udyam Certificate); high-resolution JPG image of logo/device mark (for logo trademarks); user affidavit with evidence if claiming prior use (invoices, packaging); description of specific goods/services covered; and Power of Attorney in Form TM-48 authorising the agent to file and prosecute. Lal Ghai & Associates assists with complete document preparation for trademark filings in Punjab.

The Nice Classification is an international system of 45 classes used to categorise goods and services for trademark registration. Classes 1–34 cover goods (e.g., Class 25 for clothing, Class 5 for pharmaceuticals, Class 30 for food, Class 7 for machinery) and Classes 35–45 cover services (e.g., Class 35 for business services, Class 42 for IT). Trademark protection is granted only in the specified class(es). Selecting the wrong class is a costly mistake that limits protection — Lal Ghai & Associates provides free class identification advisory before filing.

Yes. A registered trademark can be cancelled through rectification proceedings under Section 57 of the Trade Marks Act, 1999 on grounds including: registration obtained by fraud; mark has become generic; or registration violates the Act. A petition can be filed before the Intellectual Property Division of the High Court or the Trademark Registry. Under Section 47, a mark can also be removed for non-use for 5 consecutive years. Maintaining continuous documented use of a registered trademark is essential for its long-term protection.

An Indian trademark registration provides protection only within India. For international protection, businesses can use the Madrid Protocol system — an international trademark registration system administered by WIPO that allows a single application to extend protection to 130+ member countries. India joined the Madrid Protocol in 2013. An existing Indian application or registration serves as the basis (home registration) for a Madrid Protocol filing through the Indian Trademark Registry. This is the most cost-effective route for Punjab exporters seeking brand protection in multiple markets. Lal Ghai & Associates advises on international trademark strategy and Madrid Protocol filings.

A registered trademark in India is valid for 10 years from the date of application. It can be renewed for successive 10-year periods indefinitely by filing Form TM-R with the prescribed fee within 6 months before expiry. A grace period of 6 months after expiry allows renewal with a surcharge. Unlike patents, trademarks have no maximum lifespan — a continuously renewed and used trademark can remain protected forever. Lal Ghai & Associates tracks renewal deadlines and manages trademark renewals for clients across Punjab.

No, GST registration is not required to apply for a trademark in India. Individuals, startups, sole proprietors, partnership firms, LLPs, and companies can file a trademark application even without a GSTIN. However, GST may be applicable on the professional fees charged by a trademark agent or legal consultant for registration services.

Yes. You can use the ™ (TM) symbol without registering your trademark in India. The TM symbol indicates that you claim rights over your brand name, logo, or slogan, even if the trademark application is pending or not yet filed. However, only a registered trademark can use the ® (Registered) symbol, which provides stronger legal protection under the Trade Marks Act, 1999.

Neither is inherently better—they serve different purposes. ™ (TM) can be used to claim rights over a brand name, logo, or slogan even before registration or while the trademark application is pending. ® (Registered) can only be used after the trademark is officially registered and provides stronger legal protection under the Trade Marks Act, 1999. If your trademark is registered, using ® is the better option.

Lal Ghai & Associates handles trademark registration and prosecution across India. Trademark applications are filed centrally through the IP India portal (ipindia.gov.in) — the process does not require physical presence in a specific state. While the firm has offices in Ludhiana, Mohali, and Gurgaon, trademark services are available to clients across India. Contact us at +91-94636 40466 or info@lgassociates.org for a free trademark availability search and consultation.