Trademark related Frequently Asked Questions

23 March 2023

If you want to register your trademark, you may have many questions about the process. Here is a list of the most frequently asked questions about trademark registration in India, along with their answers:

1. What is a trademark?

A trademark is a symbol that represents a mark for providing certain goods or services. It is capable of being represented graphically and distinguishes the goods or services of one person from those of another. It can be a device (logo), brand, heading, label, ticket, name, signature, word, tagline, letter, numerals, shape of goods, packaging, sound, new color, or a combination of colors.

2. Is it mandatory to register a trademark?

No, it is not mandatory to register a trademark in India. However, registering a trademark offers the owner of the mark a wide range of benefits and advantages, including claiming priority over the mark if infringed by another for the same or similar goods or services.

3. Who can apply for a trademark, and where should the application be filed?

Any person claiming to be the proprietor of the trademark can apply for registration of a trademark on a 'used' or 'proposed to be used' basis. In India, the trademark registry operates from five locations, namely Delhi, Mumbai, Ahmedabad, Kolkata, and Chennai, which oversee applications from specific regions assigned to them.

4. What are some of the required documents for trademark registration?

The documents required for trademark registration include a soft copy in case of the logo/device mark in JPG format with dimensions of 8cm x 8cm, ID proof, address proof, citizenship, business registration document (if any), shop establishment license, LLP/ company’s address proof, certificate of incorporation, partnership deed, Startup Recognition Certificate issued by Department of Promotion of Industry and Trade (in case the applicant is a startup), and UDYOG AADHAAR registration (in case the applicant is a small enterprise recognized by the Ministry of Micro, Small and Medium Enterprises).

5. What benefits do I get on registering a trademark?

Registering a trademark confers upon the owner the exclusive right to use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate by using the symbols ™ and ® and seek relief of infringement in appropriate courts in the country. 

6. Where should I apply for my trademark registration?

The applications for trademark registration can be submitted personally at the Front Office Counter of the respective office, sent by post, or filed online through the e-filing gateway available at the official website.

7. How much fees will I have to pay for trademark registration?

The government fees for trademark registrations vary based on the applicant. For individuals, startups, and small enterprises, the e-filing fees are Rs. 4500, and the physical filing fees are Rs. 5000. For all other cases, the e-filing fees are Rs. 9000, and the physical filing fees are Rs. 10000.

8. How much time does it take to register a trademark?

Trademark registration is a judicial process and can take some time. Trademark registration usually takes between 8-15 months to obtain registration in a straightforward case, i.e., without any objections or oppositions.

9. What is the registration process?

The registration process involves identifying the classes based on the goods or services to be provided where the trademark shall be used, conducting a trademark search to know if there are similar trademarks already registered in the particular class/classes the trademark is intended to be registered, and filing the trademark application with the requisite details on the website.

Thereafter the mark is scrutinized+ by the Registry, who will issue an examination report if there are any objections or conflicting marks, and provide the applicant with an opportunity to file reply and attend hearing to present its case. After the hearing, the Registry may reject the mark or accept and advertise it in the TM Journal. If the mark is advertised, it will be open for all public to oppose the mark on any ground and opposition can be filed with the Registry, who will forward a copy of the opposition to the applicant and grant an opportunity to file counter statement and attend hearing for the opposition. After the hearing it upto the discretion of the Registrar to accept and register the mark, or refuse and reject it.


Looking for expert contract advice? Call us at +91 9930156000 today or book a meeting here

Disclaimer - The content of this document is for information purpose only and does not constitute advice or a legal opinion. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer to relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc. before acting on the basis of this write up. The possibility of other views on the subject matter cannot be ruled out. By the use of the said information, you agree that the Treelife is not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof.

Post Author

- Senior Associate | VCFO

Download Startup Guide
A guide with complete lifecycle of startup

Treelife Ventures Services Private Limited.
All Rights Reserved. © 2022.