Trademark Registration in India

Trademark registration is the process of securing exclusive legal rights to your brand name, logo, or symbol. In India, it is governed by the Trade Marks Act, 1999, which allows you to protect and exclusively use your intellectual property in the marketplace.

The trademark application process involves filing Form TM-A with the Trademark Office and selecting the appropriate class for your goods or services. This classification ensures that your brand receives the correct legal protection. Once registered, you gain the right to use the ® symbol, signifying that your trademark is officially recognized.

At Vakilsearch, we simplify the online trademark registration process by offering expert guidance through trademark searches, addressing objections or oppositions, and managing renewals. Our experienced trademark attorneys help you secure your trademark certificate and safeguard your intellectual property, building a strong legal foundation for your brand’s identity.

What is a Trademark?

A trademark is a type of intellectual property that includes a word, phrase, symbol, design, or combination of these elements, used to identify and distinguish the goods or services of one entity from others. Under the Trade Marks Act, 1999, a trademark can also encompass the shape of goods, packaging, or color combinations, provided it can be graphically represented and is capable of differentiating one product or service from another.

Trademark Act of 1999

The Trademarks Act of 1999 outlines the rules and regulations for registration, assignment, and trademark protection. The Indian Trademarks Act, 1999 is administered by the Controller General of Patents, Designs, and Trademarks under the Ministry of Commerce and Industry of the government of India.

Why Should You Register Trademark?

Trademark registration in India offers legal protection, helping the owner to pursue legal action against infringement and unauthorized trademark use. According to the Trademark Act of 1999, a registered trademark is valid for 10 years from the filing date. You must renew it thereafter to ensure ongoing brand protection.

Here are a few other reasons to register a trademark:

• Official public record of ownership via trademark journal.
• Distinguishes your brand from competitors.
• Builds customer trust and recognition.
• Increases business value, attracting investors & partners.
• Protects against counterfeiting and imitation.
• Allows you to license your trademark.
• Lets you use the ® symbol, boosting credibility.
• Becomes a valuable, marketable business asset.