Trademark Registration

Overview: what trademark registration is

A trademark is any word, name, logo, slogan or symbol that identifies your goods or services and distinguishes them from competitors. Registering it under the Trade Marks Act, 1999 gives you the exclusive legal right to use that mark, the ability to sue for infringement, and an intangible asset that can be licensed, franchised or sold. It converts the goodwill you build into property you actually own.

India follows a class-based system with 45 classes (1–34 for goods, 35–45 for services), administered by the Controller General of Patents, Designs and Trade Marks. You apply in the class or classes relevant to your business, and on filing you may immediately use the ™ symbol; the ® symbol can be used only once registration is granted. A registered trademark is valid for ten years and renewable indefinitely in ten-year blocks.

Who should register a trademark

• Startups and D2C brands protecting a name or logo before they scale
• Manufacturers and traders selling under a brand
• Service businesses, consultants and agencies building a reputation
• Franchisors who need a registered mark to license
• Anyone who has invested in a brand identity they cannot afford to lose

Step-by-step registration process

We begin with a comprehensive trademark search across the IP India database to check whether an identical or deceptively similar mark already exists — skipping this step is the most common cause of later objection or opposition. We then identify the correct class (or classes) for your goods and services and file the TM-A application, after which you can start using the ™ symbol immediately.

The Registry examines the application and may issue an examination report raising objections (often under Sections 9 and 11). We draft and file the reply, attend a hearing if required, and once the mark clears examination it is published in the Trade Marks Journal. If no third party opposes it within the four-month window, the mark proceeds to registration and the certificate is issued.

Documents required

• Name, address and constitution of the applicant
• A clear copy of the logo or wordmark (if a logo is being filed)
• Details of the goods or services and the relevant class
• Date of first use of the mark, with proof if already in use
• Udyam/MSME or startup recognition certificate (for the reduced government fee)
• Signed Form TM-48 power of attorney authorising us to file

Timelines, objections and opposition

You can use the ™ symbol from the day of filing, but full registration of an unopposed mark typically takes 12 to 18 months. An objection is raised by the Registry’s examiner and is answered with a written reply and, if needed, a hearing. An opposition is filed by a third party after the mark is published in the journal, and is contested through evidence and counter-statements. We handle both end to end, so a query or a challenge does not derail your application.

Why register your trademark with TCC

Most rejected trademark applications fail for avoidable reasons — a clashing prior mark, the wrong class, or a weak reply to the examination report. Our experts run a proper search first, file in the right class, and draft objection replies that actually address the examiner’s grounds. MSME-registered and recognised startups also qualify for a 50% reduction in the government filing fee, which we help you claim. Fixed fee, WhatsApp-first, and we monitor the journal so an opposition window never passes unnoticed.