Trademark Registration Procedure in India

A trademark popularly known as brand name is a visual symbol in the form of a word or a device or a label applied to the commercial goods or service to enable the consumer public to identify one trader’s goods from similar goods of another traders. Once you have completed your company registration like private limited company next is trademark. Branding is like the soul of the business, which helps people identify or connect with your product or service instantly. Essentially it is anything which identifies a brand to a common consumer. Trademark Registration is the simplest way of getting legal protection for your brand. TM number is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name. .

It is always advised to get trademark registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks. Also, as soon as the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.

Online Trademark Registration Procedure:

1. Surf internet for a brand name that is “wacky-enough”


2. Preparing a trademark application


3. Filling the application of brand name registration


4. Examining the process of the brand name application which might include step of Trademark Objection


5. Publication of your brand in the Indian Trade Mark Journals


6. The trademark registration certificate issuance

Who can apply for a trademark?

In the Trademark Registration form, the person whose name is mentioned as the applicant will be declared as the owner of the trademark once the trademark is successfully registered. Any individual, a company and an LLP can be an applicant and may file the application for the registration of the particular trademark.

Can foreign applicants also apply for the registration of their trademarks in India?

Under the Madrid Protocol ( the Madrid Agreement Concerning the International Registration of Marks dated 1891 which entered into force on December 1, 1995, and came into operation on April 1, 1996), an international trademark application may be filed through the trademark office of the applicant. This trademark office is also known as the Office of Origin. The Office of Origin receives the application and then forwards it to the WIPO.