For any startup, your logo, brand name, and slogan are not just creative design choices — they are your brand’s legal DNA. They carry your reputation, customer trust, and market identity wherever your business goes.
Yet, most founders make the mistake of assuming that every name or tagline automatically enjoys legal protection. It doesn’t. Under Indian law, only certain types of brand elements — those that are distinctive and capable of distinguishing your goods or services from others — can be protected through trademark registration.
In simple terms, your brand elements are valuable only when they’re legally owned. Without a registered trademark, your startup could lose its identity overnight if someone else registers the same or a deceptively similar mark.
To safeguard your intellectual property, you must understand what can be trademarked in India — and what cannot — under the Trade Marks Act, 1999. This clarity helps you file the right application, avoid rejections, and build a brand that stands on a solid legal foundation.
What Can Be Trademarked in India?
When it comes to protecting your brand, the Trade Marks Act, 1999 defines a trademark as any mark capable of being represented graphically and of distinguishing the goods or services of one person from those of others.
In simpler terms, if your brand element helps customers identify your business — and not confuse it with someone else’s — it can be trademarked.
Here’s what qualifies for protection under Indian trademark law:
Words or Brand Names
The most common and powerful form of trademark protection. For example Amul, Tata, Zomato, Ola — each is distinctive, instantly recognizable, and represents trust built over time. Coined or invented words (like Zomato or OYO) are easier to protect than descriptive names (like Best Milk or Fresh Foods).
Logos or Device Marks
Visual symbols, stylized names, or graphic elements that represent your brand visually. For example Nike’s swoosh, Airtel’s red wave, Boat’s “b” symbol, Starbucks mermaid. If you’ve designed a logo, register it alongside your name — they protect different legal aspects of your brand.
Slogans or Taglines
Memorable phrases that represent your brand’s promise or positioning.
For example “Just Do It” (Nike), “Yeh Dil Maange More” (Pepsi India), “The Taste of India” (Amul). To be trademarkable, slogans must be distinctive — not generic or merely descriptive of quality, price, or feature.
Combination Marks
A mix of words and visuals used together — for instance, a logo containing your brand name in stylized form. For example, the Adidas wordmark with its three stripes or Domino’s Pizza logo. You can file both separately and together for broader protection (Word + Device).
Shapes of Goods or Packaging
Unique product shapes or packaging styles can also be protected as “shape marks.”
For example, The Coca-Cola bottle, Toblerone chocolate bar, and Zippo lighter shapes are all registered marks. Few Indian brands use this advantage — but distinctive packaging (like a unique spice bottle shape or handmade box design) can be protected.
Sounds or Jingles
Sound marks are newer in India but highly valuable for brand recall. For example ICICI Bank tone, Nokia tune, Britannia “ting-ting-ta-ding” jingle. Must be submitted in MP3 format (under 30 seconds) with a written description of the sound.
Colours or Colour Combinations
A single colour or combination can be protected if it’s uniquely associated with your brand. For example Cadbury purple, Tiffany blue, or Reliance Jio red-blue gradient. Pure colour trademarks are difficult to get — but unique, consistent use over time strengthens your claim.
In India, any distinctive word, logo, slogan, shape, sound, or colour that identifies your brand can be registered as a trademark under the Trade Marks Act, 1999.
What Cannot Be Trademarked in India
Not everything creative or catchy qualifies for protection. The Trademark Registry will reject marks that:
- Are generic or descriptive (like “Tasty Food” or “Best Quality”)
- Are misleading or deceptive about nature or origin
- Are offensive, obscene, or against public morality
- Use national symbols, flags, or emblems
- Imitate existing well-known marks (e.g., using Micrsoft for software)
For example a startup selling organic honey cannot trademark “Pure Honey” — it’s descriptive, not distinctive. But a coined name like “BeeBliss” or “Nectarify” is protectable.
Why Distinctiveness Matters
Distinctiveness is the heart of trademark law. Only marks that are unique enough to identify the source of goods or services are protectable.
Types of Marks by Strength:
| Type | Example | Protection Strength |
| Generic | “Milk”, “Soap” | ❌ No protection |
| Descriptive | “Fresh Milk”, “Clean Soap” | ⚠️ Weak protection |
| Suggestive | “Facebook” (suggests networking) | ✅ Moderate |
| Arbitrary | “Apple” for electronics | ✅✅ Strong |
| Fanciful | “Kodak”, “Zomato” | ✅✅✅ Highest protection |
The more inventive or arbitrary your name, the easier it is to protect and enforce as a trademark.
Understanding what successful brands have trademarked helps founders see how intellectual property protection works in practice. Here are some real-world examples — both Indian and global — that show how different brand elements become valuable legal assets once registered.
Brand Name — Zomato
When Zomato first filed its trademark in 2010, it was a small restaurant discovery platform. By securing its brand name early, it prevented competitors from using similar-sounding marks and established a strong IP foundation before expanding internationally.
File your trademark before your brand becomes visible — not after.
Logo — Boat
Consumer electronics brand boAt built its identity around its bold lowercase “b” logo. This device mark is now recognized across categories — from headphones to smartwatches — ensuring exclusive visual ownership. A simple yet distinctive logo can become a legal asset when registered separately from your brand name.
Slogan — Amul
Amul’s iconic tagline, “The Taste of India,” is protected as a word mark and slogan mark. It reinforces Amul’s national identity and can’t be used by competitors in the dairy sector. A distinctive slogan adds emotional and legal value — protect it just like your brand name.
Shape — Coca-Cola Bottle
The Coca-Cola contour bottle is a globally registered shape trademark. Its unique design makes the product recognizable even without a logo. If your packaging or product shape is unique, trademark it — shape marks prevent design imitation.
Sound — Nokia Tune & ICICI Bank Jingle
The Nokia tune was among the first sound marks in the world, while ICICI Bank’s jingle (“Dhinak-dhin-dha”) is one of India’s registered sound trademarks. These sounds immediately trigger brand recall. Audio branding is powerful. If your app, product, or video intro has a unique tone, register it as a sound mark.
Examples of trademarks in India include Zomato’s brand name, Boat’s logo, Amul’s slogan, the Coca-Cola bottle shape, and the Nokia and ICICI jingles. Each demonstrates how distinctive brand elements can be legally protected under the Trade Marks Act, 1999.
Legal Basis: Indian Trademark Law
Trademark protection in India is governed by a robust statutory framework designed to safeguard brand identity and intellectual property.
- Statute: Trade Marks Act, 1999
- Rules: Trade Marks Rules, 2017 (as amended)
- Authority: Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM)
- Validity: 10 years from registration, renewable indefinitely
The Trade Marks Act, 1999 protects any distinctive visual, textual, or auditory element that differentiates one brand from another — whether it’s a name, logo, slogan, shape, or sound.
For a complete overview of the legal foundation, filing process, and registration benefits, read our detailed guide:
What is a Trademark and Why Your Startup Can’t Ignore It (2025 Guide)
Step-by-Step: How to Trademark a Name, Logo, or Slogan in India
If you’re planning to register your brand, here’s a simplified version of the 6-step process outlined under the Trade Marks Act, 1999:
- Trademark Search: Check name or logo availability using the IP India Public Search.
- Identify Class: Choose the correct class (out of 45) for your goods/services.
- File Form TM-A: Apply online with your brand name, logo (JPEG format), and applicant details.
- Respond to Examination Report: If objections arise, respond within 30 days with justification and supporting documents.
- Publication & Opposition: The mark is advertised in the Trademark Journal for public opposition.
- Registration Certificate: Granted if no opposition is filed or after successful defense.
Detailed explanation of each step, timelines, and examiner’s role is covered in our previous post:
Trademark Registration Process in India: Step-by-Step Guide for Founders
Documents & Government Fee (2025)
| Applicant Type | Government Fee (Per Class) |
| Individual / Startup / MSME | ₹4,500 |
| Company / LLP / Others | ₹9,000 |
Before filing, get your MSME (Udyam) registration at udyamregistration.gov.in.
It takes less than 10 minutes and can instantly save you ₹4,500 per class in trademark filing fees — a smart legal and financial move for startups.
We’ve discussed this MSME benefit in detail in our earlier blog:
What is a Trademark and Why Your Startup Can’t Ignore It
Branding Beyond Registration
Registering your logo or name isn’t the finish line — it’s the start of legal ownership.
The real value comes from consistent brand use, monitoring infringement, and renewing on time. From our experience at Pratham Legal, startups that lock in their trademarks early enjoy faster investor trust and smoother scale-ups, especially during funding due diligence.
FAQs
Q: Can I trademark my logo and name together?
A: Yes. You can file a combined mark (logo + name) or separate applications for broader protection.
Q: Can I trademark a slogan in India?
A: Yes, if it’s distinctive and non-descriptive (e.g., “Think Different” is protectable, but “Best Service” is not).
Q: Can I trademark a sound or jingle?
A: Yes, sound marks can be registered in MP3 format with a graphic representation.
Q: How long does trademark protection last
A: 10 years from registration, renewable indefinitely.
Q: What if someone copies my logo?
A: You can issue a cease-and-desist notice and take legal action for infringement under the Trade Marks Act, 1999.
Whether it’s your logo, brand name, or slogan, each represents your business identity — and each can be legally protected through trademark registration. A strong trademark is both a legal shield and a business asset. Consult a trademark attorney before you launch — it’s the smartest step to ensure your brand truly belongs to you.
[…] What Can Be Trademarked in India […]