Your brand name, logo and tagline are among the most valuable assets your business owns. Trademark registration gives you exclusive legal rights to use these across India and enables you to take action against anyone who copies your brand. Here is the complete process.
What Can Be Trademarked?
A trademark can be a word, name, logo, symbol, tagline, colour combination, shape, or any combination thereof that identifies your goods or services and distinguishes them from competitors. Under the Trade Marks Act 1999, any distinctive sign that can be graphically represented is eligible for registration.
Step 1: Trademark Search
Before filing, conduct a thorough search on the IP India portal to identify identical or similar marks already registered in your chosen class(es). This prevents rejection and saves time. SPOTON performs comprehensive searches including phonetic and visual similarity checks.
Step 2: Class Selection
Trademarks are registered class-wise under the Nice Classification (45 classes). You must file in each class relevant to your business. For example, a clothing brand would file in Class 25; an IT company in Class 42; a food brand in Class 30 and Class 43.
Step 3: Filing the Application (Form TM-A)
File the trademark application online on the IP India e-filing portal. You receive a filing receipt with your TM application number immediately. From this date, you can legally use the ™ symbol.
Step 4: Examination
The trademark examiner reviews your application within 12–18 months and either accepts it or issues an Examination Report (objection). Common objections include descriptive marks, similarity to existing marks, or procedural issues.
Step 5: Response to Objection (if any)
If an objection is raised, you must file a detailed legal response within 30 days. SPOTON drafts and files comprehensive responses supported by evidence and legal arguments.
Step 6: Publication in Trade Marks Journal
Accepted marks are published in the Trade Marks Journal for a 4-month opposition period. Any person can file an opposition during this window.
Step 7: Registration Certificate
If no opposition is filed (or after successful resolution of opposition), the Registration Certificate is issued. Your trademark is now registered for 10 years and renewable indefinitely.
Need Help with This?
Our experts will guide you through the process — free consultation.