Trademark Services in India – Brand Registration, Protection, and Enforcement

Q: What can be registered as a trademark in India?

Any graphically representable mark capable of distinguishing goods or services — including words, logos, numerals, shapes, colours, and sounds — that is not excluded under Sections 9 or 11 of the Trade Marks Act, 1999.

Q: How long does trademark registration take in India?

Typically 18 to 24 months or more — from filing through examination, journal publication, 4-month opposition period, and certificate issuance — assuming no objection or opposition is raised.

Q: What is the difference between TM and ® symbols?

™ can be used from the date of filing. ® can only be used after the trademark is officially registered. Using ® before registration is an offence under the Trade Marks Act.

Q: How many trademark classes are there in India?

45 classes under the Nice Classification — Classes 1-34 for goods, Classes 35-45 for services. Each class requires a separate fee. Multi-class applications are permitted.

Q: Is a trademark registered in India valid internationally?

No. Indian registration protects only in India. For international protection, India is a Madrid Protocol member — allowing an international application through the Trade Marks Registry to cover 130+ countries.

Complete Trademark Advisory Under the Trade Marks Act, 1999 — From Registration to Renewal, Enforcement, and Transfer

A trademark is any distinctive sign — a name, logo, slogan, shape, colour combination, or sound — that identifies the goods or services of one business from those of another. In India, trademarks are governed by the Trade Marks Act, 1999 (TMA) and the Trade Marks Rules, 2017, administered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) through the Trade Marks Registry with offices in Mumbai, Delhi, Chennai, Kolkata, and Ahmedabad. A registered trademark grants its owner the exclusive statutory right to use the mark in relation to the registered class of goods or services, and the right to prevent third parties from using deceptively similar marks — backed by civil and criminal remedies under the Act.

Our trademark practice covers the complete lifecycle of brand protection — from trademark search and registration through objection responses, opposition proceedings, registry hearings, registration certificate procurement, renewal, assignment and transfer, rectification, and infringement enforcement.

Our Trademark Services

Trademark Registration

Comprehensive trademark search, Nice Classification advisory, and application filing on the IP India portal for word marks, logos, and device marks.

Trademark Objection Response

Expert preparation and filing of responses to Trade Marks Registry examination reports under Section 9 and Section 11 of the Trade Marks Act.

Trademark Opposition

Filing and defending Section 21 oppositions — counter-statements, evidence affidavits, and representation before the Trade Marks Registry.

Trademark Hearing & Certificate

Hearing representation before Trade Marks Registry Hearing Officers and procurement of the registration certificate.

Trademark Renewal & Transfer

Timely renewal of registered trademarks and handling of assignments and transmissions under Sections 37–45 of the TMA.

Infringement & Rectification

Cease and desist notices, infringement actions, and rectification petitions for removal of conflicting marks from the Register.

Why Trademark Registration Is Essential for Your Brand

Exclusive statutory right to use the mark in registered classes — no other business can legally use the same or deceptively similar mark for similar goods or services
Entitles the owner to use the ® symbol — signalling registered protection and deterring potential infringers without costly enforcement
10-year renewable protection — a registered trademark can be maintained indefinitely through timely renewals, creating a perpetual brand asset
Enables enforcement action including civil injunctions, damages, and criminal prosecution under the Trade Marks Act, 1999
Essential for brand licensing, franchising, e-commerce platform brand protection (Amazon, Flipkart, Meesho), and export trademark protection
A registered trademark is a commercially valuable intangible asset — it can be assigned, licensed, mortgaged, and included in business valuations

Frequently Asked Questions

What can be registered as a trademark in India?

Under the Trade Marks Act, 1999, any mark capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others can be registered. This includes words, names, signatures, letters, numerals, devices, brands, headings, labels, tickets, shapes, packaging, colour combinations, sounds, and any combination thereof. The mark must be distinctive and not fall within the absolute or relative grounds for refusal under Sections 9 and 11 of the Act.

How long does trademark registration take in India?

The Trade Marks Registry typically takes 18 to 24 months (or longer) to process a trademark from filing to registration — assuming no objection or opposition is raised. If an examination report is issued, the applicant must respond within 30 days (extendable). After acceptance, the mark is published in the Trade Marks Journal for a 4-month opposition period. If no opposition is filed, the registration certificate is issued.

What is the difference between TM and ® symbols?

The ™ symbol (or SM for services) can be used by any applicant from the date of filing a trademark application — it signals a claim to the mark but does not indicate registered protection. The ® symbol can only be used after the trademark is officially registered by the Trade Marks Registry. Unauthorised use of the ® symbol on an unregistered or pending mark is an offence under the Trade Marks Act.

How many trademark classes are there in India?

India follows the Nice Classification System with 45 classes — Classes 1 to 34 cover goods and Classes 35 to 45 cover services. A trademark application must specify the class or classes in which protection is sought. A single application can cover multiple classes under a multi-class filing, with separate class fees for each class. Our team advises on the appropriate class selection for your specific goods and services.

Is a trademark registered in India valid internationally?

A trademark registered in India provides protection only within India. For international protection, India is a member of the Madrid Protocol — which allows Indian trademark owners to file an International Application through the Trade Marks Registry (as the office of origin) to seek protection in up to 130+ member countries through a single filing. We advise on and manage Madrid Protocol international trademark applications.

Protect Your Brand with Trademark Registration

Complete trademark services — from search and registration to enforcement and renewal.