Trademark Registration Process

The trademark application is filed electronically on the IP India e-filing portal using Form TM-A. Once filed, the application number is issued and you may immediately begin using the ™ symbol on your products and communications.

• Applicant details: name, address, entity type (individual, company, LLP etc.)
• Trademark representation: word mark or logo (high-resolution image)
• Class selection: correct Nice Classification class for goods/services
• Specification of goods/services within the class
• Power of Attorney (Form TM-48) authorising TradeGuard IP to represent you
• Government fee payment: ₹4,500 (individual/startup) or ₹9,000 (company) per class

After filing, the application is assigned to a Trademark Examiner at the Mumbai Head Office. All examinations are centralised at Mumbai regardless of which office the application was filed at. The examiner reviews the application for distinctiveness, conflicts and compliance.

• Vienna Codification is applied to logo/device marks (internal process)
• Examiner checks for absolute grounds (Section 9): descriptiveness, deceptiveness
• Examiner checks for relative grounds (Section 11): similarity to existing marks
• Two possible outcomes: Accepted (proceeds to publication) or Objected (examination report issued)

If the examiner raises objections in the Examination Report, the applicant must file a written reply within 30 days. This is a highly specialised task requiring knowledge of trademark law, case precedents and examination practices. TradeGuard IP handles this with precision.

Common Grounds of Objection

• Mark is descriptive of the goods/services (Section 9)
• Mark is similar/identical to an existing registered mark (Section 11)
• Mark is a common surname or geographical name
• Mark is deceptive or likely to cause confusion

Our Response Strategy

• Detailed written reply addressing each ground of objection
• Supporting case law citations from Indian and international courts
• Evidence of distinctiveness (sales data, advertising, market presence)
• If reply unsatisfactory, request Show Cause Hearing via Form TM-M
• Oral arguments before the Registrar (video call / in person)

Once accepted by the examiner (directly or after a successful reply/hearing), the trademark is published in the official Trademark Journal every Monday. The public has 4 months to file an opposition against your mark.

• Mark advertised in Trademark Journal (published every Monday)
• Journal is publicly available on the IP India website
• Any person may file opposition within 4 months of advertisement date
• TradeGuard IP monitors the journal for your mark during this period
• If no opposition filed, application proceeds directly to registration

If a third party files a Notice of Opposition (Form TM-O) within the 4-month window, the application enters opposition proceedings. This is a quasi-judicial process before the Trademark Registrar.

• Counter-statement must be filed within 2 months of opposition notice
• Both parties file evidence by way of affidavit
• Opposition hearing before the Registrar
• Registrar passes order: opposition sustained (application refused) or dismissed (application proceeds)
• Appeal lies to Intellectual Property Appellate Board (IPAB) / High Court

Once the 4-month opposition window closes without any opposition (or if opposition is dismissed), the Trademark Registry issues the Registration Certificate. Your mark is now fully registered under the Trade Marks Act, 1999.

• Registration Certificate issued by the Trademark Registry
• Valid for 10 years from the date of original filing
• You may now use the ® symbol on all brand materials
• Mark entered in the Register of Trade Marks
• Renewal due within 6 months before expiry (or with surcharge after)

A registered trademark must be renewed every 10 years to remain in force. Renewal can be filed up to 6 months before the expiry date, and within 6 months after expiry with a surcharge. TradeGuard IP provides renewal reminder and filing services.

• File Form TM-R for renewal
• Renewal can be filed 6 months before expiry
• Grace period of 6 months after expiry (with surcharge)
• After grace period, mark may be removed from the Register
• A registered mark can be renewed indefinitely