Real insights, common mistakes, and professional strategies that go beyond the usual step-by-step list.
Introduction
In India’s fast-moving business landscape, a brand name can become your company’s most valuable asset — or its biggest vulnerability. Every week, I meet founders who say, “We already filed a trademark ourselves online,” only to discover months later that the application faced objection, lapsed due to a missed deadline, or didn’t even cover their actual business activities.
As a Company Secretary who has personally filed and managed thousands of trademark applications, I’ve seen what separates a filed mark from a protected one. This article walks you through the actual process of trademark registration in India, while also explaining why expert filing makes all the difference — especially when you’re building a brand meant to last.
What Is a Trademark and Why Does It Matter?
A trademark isn’t just a legal formality — it’s your brand’s identity in law. It can be a word, logo, symbol, phrase, or even a sound that distinguishes your goods or services from others. Under the Trade Marks Act, 1999, registration gives you:
- Exclusive legal rights to use your mark across India.
- Power to stop others from copying or misusing it.
- Stronger valuation during fundraising, franchising, or brand licensing.
Unregistered marks have almost no enforceability. Registering your trademark means you own your brand in the eyes of law — not just in the market.
Step-by-Step Process of Trademark Registration in India
In short: You search for conflicts, file Form TM-A on the IP India portal, respond to any objections, handle oppositions, and finally get your certificate — granting you the legal right to use the ® symbol.
But each stage involves legal nuance and precision, which is where professional support truly matters.
Step 1: Conduct a Professional Trademark Search
A trademark search is more than typing your brand name into a website. It involves analysing phonetic, visual, and conceptual similarities; existing marks in related classes; and pending or opposed applications.
Why it matters:
Many self-filers skip this, leading to rejection under Section 11 (similar marks) or Section 9 (descriptive marks). I’ve seen cases where a business spent ₹ 10 lakhs on branding before realising their name could never be registered.
Professional insight:
A Company Secretary or IP specialist doesn’t just check for duplicates — we assess registrability, risk exposure, and strategy (for example, whether to file a wordmark, logo, or both).
Step 2: Identify the Correct Trademark Class
Each trademark is registered under one or more of the Nice Classification classes (1–45).
Filing under the wrong class is the legal equivalent of locking the wrong door — your brand stays exposed.
Example:
A café that sells packaged coffee and merchandise needs at least three classes: 30 (for coffee), 43 (for café services), and 25 (for apparel). Filing under just one leaves gaps.
Why hire a CS:
Professionals map your business model, product range, and expansion plans to determine the correct combination of classes, ensuring comprehensive protection — not piecemeal filing.
Step 3: Prepare Documents and Ownership Details Carefully
You’ll need:
- Applicant’s name and address
- Nature of business
- Trademark representation (logo or wordmark)
- Proof of use (if already in use)
- Power of Attorney (Form TM-48)
Common error: Using a director’s personal name instead of the company’s legal name or vice versa. This creates ownership conflicts later.
Professional benefit:
A CS ensures consistency between your business structure, GST, and trademark records — preventing disputes over ownership or transfer in future due-diligence or investor rounds.
Step 4: File Form TM-A — The Application
You can file online through the IP India e-Filing Portal.
Fees (as of 2025): ₹ 4,500 per class for startups/small entities and ₹ 9,000 for others.
After filing, you receive an application number — this allows you to use the ™ symbol while awaiting approval.
Expert comment:
I often say this is the “simplest step but the riskiest stage.” Many self-filed applications fail here due to:
- Poorly worded goods/services descriptions
- Missing user affidavit
- Typographical inconsistencies
- Filing in wrong class
These may seem minor but can delay registration by 6–12 months.
Step 5: Examination by the Trademark Registry
Within a few months, your application is examined. The Registrar may raise objections if your mark:
- Lacks distinctiveness
- Is descriptive (e.g., “Fresh Juice” for a beverage brand)
- Is similar to an existing mark
You must respond to the Examination Report within 30 days.
Where professionals make the difference:
This stage requires legal drafting, citing case law and precedents to overcome objections. Having handled thousands of replies, I’ve learned that clear, reasoned arguments with supporting evidence often get a mark accepted without a hearing — saving months.
Step 6: Publication in the Trademark Journal
If the Registrar is satisfied, your mark is published in the Trademark Journal for 4 months. During this period, third parties can oppose it.
If no opposition arises, or if it’s successfully defended, the mark proceeds to registration.
Expert guidance:
When an opposition is filed, it becomes a quasi-litigation process — with written statements, affidavits, and hearings. This is where professional representation becomes indispensable. I’ve personally handled numerous opposition proceedings where a well-timed counterstatement or compromise saved the client’s mark.
Step 7: Issuance of Registration Certificate
After successful publication, the Trademark Registration Certificate is issued.
You can now legally use the ® symbol, signifying statutory ownership.
The registration lasts 10 years and can be renewed indefinitely.
Pro-tip:
Trademark rights can be removed for non-use over five years. A CS ensures renewal reminders and usage records remain compliant.
Can You Register a Trademark on Your Own?
Short answer (for voice SEO): Technically yes — anyone can file a trademark online. But in practice, without professional guidance, your chances of facing objections or rejection are extremely high.
Why Self-Filing Often Fails
Online registration may seem easy, but it comes with hidden pitfalls:
- Wrong class selection (incomplete protection)
- Weak legal drafting in the description
- Missed replies or deadlines
- Inability to handle examination hearings
- Lack of strategy for oppositions
These are not technicalities — they decide whether your brand stays protected or exposed.
Real example:
A startup founder recently came to me after receiving a Section 11 objection because her mark sounded similar to another in a different class. She had no idea how to respond, missed the deadline, and her application lapsed. The brand was later copied by a competitor. A professional filing at the start would have cost less than 5 % of that loss.
Why You Should Hire a Company Secretary or Trademark Professional
A Company Secretary brings three crucial strengths:
- Legal accuracy: Ensuring your mark is compliant, distinctive, and aligned with the Trade Marks Act rules.
- Strategic foresight: Selecting correct classes and filing combinations that protect your business as it grows.
- Procedural defence: Drafting replies, attending hearings, and handling oppositions effectively.
Having personally filed thousands of applications, responded to hundreds of examination reports, and defended numerous oppositions, I can confidently say that professional involvement turns a basic filing into a robust brand protection strategy.
When clients file directly, they often “hope for approval.” When we file as professionals, we engineer approval — through structured compliance and proactive follow-up.
Beyond the Process: What Entrepreneurs Should Really Know
1. A Trademark Is a Long-Term Asset, Not a Form
Every successful Indian brand — from small D2C labels to unicorn startups — has one thing in common: early trademark protection. Think of it as building legal ownership over your brand’s goodwill.
2. Filing Early Gives Priority Rights
Trademark protection in India follows the “first-to-file” principle. Even if you used a brand first but filed later, someone else could legally own it if they registered before you.
3. One Brand, Many Variants
Don’t stop at one mark. Register your wordmark, logo, and tagline separately. Each element has independent protection value.
4. Monitor and Enforce
After registration, continuous monitoring is key. Professionals maintain watch services to alert you if a similar mark is filed.
Related Articles from CSatWork
For further reading on trademark strategy and protection in India:
- Trademark Meaning and Importance for Startups in India
- What Can Be Trademarked in India
- Difference Between Trademark, Copyright and Patent in India
These insights complement this guide and help you understand the broader framework of intellectual property protection in India.
FAQs
1. Can I use the ™ symbol before registration?
Yes, you can use ™ once you’ve filed Form TM-A, but the ® symbol can only be used after registration.
2. How long does it take to get a trademark in India?
Typically 8–12 months if unopposed. Objections or oppositions may extend it further.
3. Can I register one mark for multiple businesses?
No. Each legal entity must file separately. Ownership must reflect your actual operating entity.
4. Do I need to renew my trademark?
Yes, every 10 years. A CS tracks renewals and files Form TM-R to maintain continuity.
5. Is my mark protected worldwide?
No. Indian registration protects only within India. For international coverage, file under the Madrid Protocol.
Final Word
Trademark registration is not just paperwork — it’s your business’s legal backbone. While the IP India portal allows anyone to file, the real value lies in how strategically and compliantly it’s done.
Hiring a Company Secretary or IP professional is not an expense; it’s insurance for your brand identity. From pre-filing checks to hearing representation, expert involvement ensures your mark doesn’t just get filed — it gets protected, defended, and renewed for the long term.
If you’re building a brand that matters, don’t settle for guesswork. Seek professional guidance early — before your competitors do.
About the Author
Prashant Kumar is a Company Secretary, Published Author, and Partner at Pratham Legal, a full-service Indian law firm advising on corporate, regulatory, and intellectual property matters.
He has filed thousands of trademark applications, secured registrations, successfully replied to examination reports, and handled complex opposition proceedings before the Indian Trademark Registry.
For consultation or assistance with your trademark filing, objection reply, or brand protection strategy, contact:
📞 +91-9821008011
📧 prashant@prathamlegal.com
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