A trademark is a symbol, name, word, device or any combination which is adopted by a company to distinguish their products from the rest. It is often referred to as brand name. The Trade Marks Act, 1999 and Trade Marks Rules, 2002 governs the laws with respects trademarks.

The first official trademark law was passed in 1940. However due to its limitations and non-use, it was replaced by the Trade and Merchandise Act, 1958. In 1994, India became part of the TRIPS Agreements which set basic standards for intellectual property rights. To meet these basic standards, a number of amendments were introduced to the trademark laws in India. These amendments were made by replacing the former act with the Trade Marks Act, 1999 and the Trade Marks Rules, 2002.

• Trademarks make it easier for your customer base to find you: Trademarks distinguish your services and products from those of your competitors. This identifies you as the source and indicates a consistent level of quality of your services and products. Trademarks also increase brand awareness and goodwill.

• Trademarks help prevent marketplace confusion: Trademarks prevent confusion as to the source of the goods and services.

• Trademarks are economically efficient tools: Trademarks create a face value in the market among competitors. Furthermore, they give your business a monopoly over the brand name.
• Product Trademarks: They are trademarks attached to identify the business’s products.

• Service Trademarks: They are used to identify the services of the entity. For instance, the trademark for network and broadcasting service. They help advertise the service provided.

• Collective Trademarks: These trademarks are registered in the name of groups or organizations. They help people associate members with the group during commercial activities.

• Certification Trademarks: They are certifying trademarks which help people judge the quality, material used, origin and other specific features of goods and services.
1) Trademark Search In the initial stage, you need to do the proper research before selecting a trademark for your business. You need to follow the certain steps: • Identify the mark to be registered as trademark with the registry • Search the availability of the selected mark • Identify the class of the trademark

2) Trademark Form Filing Once the uniqueness is achieved in mark while searching for the mark, you need to file an application in form TM-A with the registrar for registration of a trademark. After filing the application with the requisite fee and documents, the company can use the symbol ‘TM’ until the trademark approved. A single trademark application can be filed for one or multi-class.

3) Allotment of application number After filing the trademark registration application with the Registrar, an application number will be generated which helps you to track the application status online. After allotment of application number, the applicant can use the ‘TM’ symbol with the selected mark.

4) Examination of application After trademark application filed at the trademark registrar office who has the jurisdiction over the state, trademark examiner check the trademark application in accordance with the provisions of Trademark Act. The registrar may accept or object the application on the relative or absolute grounds.

5) Receipt of examination report Once the trademark examiner reviews the application, an examination report issued by the registry. Usually, report would be issued within 3 months to 1 year depending on the back log of the registry.

6) Reply to the examination report Once you get the examination report, you need to file the reply with the registrar to escape the objection raised by the trademark examiner. You need to file the reply within30 days counted from the day of receiving the examination report. Non filing of the reply leads to abandon the trademark application.

7) Advertisement of trademarks journal If no objection is raised by the registrar the or in case of objection, satisfied with the reply, the trademark registrar will publish the mark in trademark journal. The filed trademark application is advertised in trademark journal to invite the public to oppose for the mark.

8) Opposition (if any) After publishing the trademark the third party have an opportunity to raise the objection within 90 days from the date of publication. If the third party opposed the trademark application then both the parties have the chance to appear at the hearing.

9) Certificate of registration When objections and oppositions (if any) are satisfied which are raised by the examiner or third party, then trademark registration certificate issued to the applicant. Registration of the trademark granting the exclusive use to the owner of the registered trademark. For registered trademark symbol ‘R’ has to be used.
Generally, the whole registration process will take 2-3 working days approximately. This time limit does not include the time to get the approval from the trademark examiner.

• 2 working hours for trademark search to check the availability of the required mark.

• 2-3 working days to file the trademark application with the concerned authority. At this stage, after filing the application, you can use the ‘TM’ symbol with the brand names.

• Filed trademark registration application processed and approved by the trademark examiner if satisfied; it will take 10-24 months. Once your trademark gets approval, you can use the ‘R’ symbol with the brand names.
☞ Power of attorney
☞ Trademark or logo copy
☞ Board Resolution (in case of company)
☞ Deed (in case of LLP), Incorporation Certificate (in case of company), MSME certificate (in case of small company)
☞ Basic trademark registration form (TM-A)


Please prepare all the above mentioned documents as they will be needed to complete this form.