This article has been authored by Adv. Siddhant Jain and co-authored by Nainika Shivaram.
Hello founders and business owners — in India’s dynamic market, your brand is a core business asset. A trademark—be it a name, logo, or tagline—is not merely a visual element; it represents your company’s identity, provides legal protection against imitators, and can appreciate in commercial value. Whether you are launching a new venture or expanding an existing one, this clear, step-by-step guide explains how to register and protect trademarks in India, highlights why trademark protection matters, identifies common pitfalls, and offers practical advice to safeguard your brand.
Why Trademarks Are a Big Deal: Beyond Just a Logo
Your trademark is your business’s face in the world. It’s what customers recognize and trust, whether it’s a name like Zomato, a logo like Nike’s swoosh, or a slogan like “Just Do It.” For entrepreneurs, it’s not just about looking good, it’s about carving out your unique spot in a crowded market and setting the stage for growth.
What Happens If You Don’t Protect Your Trademark?
Skipping trademark protection can land you in hot water:
- Copycats and Confusion: Rivals or shady players might use a similar name or logo, leaving customers unsure who’s who and weakening your brand.
- Legal Headaches: Without a registered trademark, proving you own your brand in court is tough, leading to expensive battles or even losing your identity.
- Missed Chances: Investors and partners love trademarks — they show you’re serious and scalable. Without one, you might miss out on funding or growth opportunities.
Take this real-life example: A small Delhi startup lost its brand name to a bigger competitor because it hadn’t registered its trademark. The legal fight and rebranding cost lakhs and hurt customer loyalty. A little planning could’ve saved them the trouble.
What’s a Trademark? The Legal Lowdown in India
Under the Trade Marks Act, 1999 a ‘trade mark’ is defined as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others (see Section 2(1)(zb)). India has accepted non-traditional marks — such as sounds, shapes and colour combinations — provided they can be graphically represented and are distinctive, but single-colour marks face a higher evidentiary threshold and usually require proof of acquired distinctiveness (secondary meaning).[1]
What Can You Trademark?
You’ve got plenty of options in India:
- Words: Think brand names like Tata or Zomato.
- Logos: Visuals like the Nike swoosh.
- Slogans: Catchy phrases like “Just Do It.”
- Shapes: Unique designs, like Coca-Cola’s iconic bottle.
- Sounds: Memorable jingles or audio signatures.
- Colour or combination of colours can be registered in India if they can be graphically represented and have acquired distinctiveness for the goods/services — but single-colour marks face a higher evidentiary threshold (need to show acquired distinctiveness/secondary meaning).
- Service Marks: Logos for services, like a consultancy’s emblem.
The catch? Absolute grounds for refusal include marks that are descriptive or generic; see Sections 9 and 11 (absolute and relative grounds) of the Trade Marks Act, 1999.
Why Should You Care About Trademarks?
- Builds Trust and Loyalty :
Your trademark is how customers know they’re getting your quality. Brands like Amul have won hearts with consistent branding, backed by solid trademark protection. - Stop Copycats in Their Tracks:
A registered trademark gives you exclusive rights to your mark, letting you legally block imitators. Without it, others could use your name to sell shoddy products, hurting your reputation. - Boost Your Business’s Value:
Trademarks are like hidden treasure — they grow in value over time. When Flipkart acquired Myntra, its trademarked brand added serious weight to the deal. - Grow with Confidence:
A registered trademark makes expanding easier, whether you’re going online or entering new markets. It keeps your domain names and social media handles consistent and shows investors you’re ready to scale.
How to Register Your Trademark in India: A Step-by-Step Guide
Registering a trademark in India, under the Trade Marks Act, 1999, is straightforward if you follow the right steps. Here’s your roadmap:
- Do a Trademark Search
Before you get your heart set on a name or logo, make sure it’s not already taken. A thorough search avoids future objections or legal fights.
- Conduct a clearance search across the relevant Nice classes (there are 45 classes in total) and allied goods/services to identify similar marks — a professional search is recommended.
- Pro Tip: Watch for similarities in sound, look, or concept (e.g., “Coca-Cola” vs. “Koka-Kola” could be too close). Section 11 covers relative grounds — case law is frequently used to determine similarity.[2]
- Pick the Right Class(es)
Trademarks are grouped into 45 classes under the Nice Classification system — 1 to 34 for goods, 35 to 45 for services.[3] For example:
- Class 25: Clothing
- Class 35: Business services (like e-commerce)
- Class 42: Tech services
Choose classes that cover what you do now and what you plan to do later to lock in full protection.
- File Your Application
Here’s what you’ll need:
- Your details (individual, company, or partnership).
- A clear image of your mark (logo, word, etc.).
- A list of goods or services and their classes.
- Proof of use (if you’re already using the mark) or a “proposed to be used” statement.
- If you use an agent, ensure appropriate authorization is in place (check current e-filing requirements) — a physical Power of Attorney may not be required for every online filing.
Where to File: Apply online via the Trade Marks Registry portal or through a trademark attorney.
As per the IP India online fee schedule, e-filing official government fees (per class) are ₹4,500 for individuals / startups / MSMEs and ₹9,000 for others (ensure you have the required DPIIT/Udyam certificate to claim the reduced fee).
- Handle Examination and Objections
The Trade Marks Registry will review your application for compliance and conflicts. The Examiner issues an Examination Report; you must reply within one month (30 days) from receipt of the report or the Registrar may treat the application as abandoned (see Trade Marks Rules, 2017).[4] - Survive the Publication and Opposition Phase
If your application passes, it’s published in the Trade Marks Journal for public review. After advertisement in the Trade Marks Journal, any person may file an opposition within four months of publication (Section 21); in practice, opponents sometimes refer to a 3-month/extension nuance but the statutory period is four months from advertisement. If that happens, you’ll need to file a counter-statement and attend hearings.[5] - Get Registered and Keep It Renewed
If there’s no opposition (or you win any challenges), your trademark is registered, and you’ll get a certificate. Registration lasts 10 years (Section 25). It may be renewed indefinitely for successive ten-year periods upon payment of the prescribed fee; there is a six-month grace period with surcharge for late renewal, and removal/restoration provisions apply.[6]
Keeping Your Trademark Safe
Getting your trademark registered is just the start. Here’s how to protect it for the long haul:
- Monitor the Market
Keep an eye out for anyone using your mark without permission, online or offline. Tools like Google Alerts, social media trackers, or IP firm services can spot trouble early. - Deal with Infringements
If someone’s ripping off your trademark:
- Send a Cease & Desist Letter: A formal notice telling them to stop.
- Registration gives statutory remedies under the Trade Marks Act (infringement proceedings). For unregistered marks, action is typically via ‘passing off’ under common law — remedies can include injunctions, damages, accounts, and seizure under relevant provisions.
- Take Legal Action: File a lawsuit for trademark infringement or “passing off” (for unregistered marks). You could win injunctions, damages, or seizure of fake goods.
- Try Mediation: It’s often quicker and cheaper than court. Alternative dispute resolution is commonly used in IP disputes and courts/tribunals often encourage settlement or mediation.
Mistakes to Avoid (And How to Stay Smart)
New entrepreneurs often trip up on trademarks. Here’s how to stay ahead:
- Picking Generic Names
- Oops: Names like “Best Coffee” are too common to protect.
- Fix: Go for unique marks like “Starbucks” and always do a trademark search.
- Skimping on the Search
- Oops: Missing existing trademarks can lead to rejections or lawsuits.
- Fix: Invest in a thorough search across all relevant classes.
- Waiting Too Long to File
- Oops: Delaying lets competitors snag similar marks.
- Fix: File early, even if your mark is just “proposed to be used.”
- Ignoring Objections
- Oops: Not responding to objections or oppositions can kill your application.
- Fix: Act fast with legal help to address issues.
- Forgetting to Renew
- Oops: Missing the 10-year renewal deadline risks losing your rights.
- Fix: Set reminders or hire an IP pro to handle renewals.
- Not Watching the Market
- Oops: Ignoring copycats lets them dilute your brand.
- Fix: Use monitoring tools to stay vigilant.
Tips to Make Your Trademark Work Harder
- Hire a Pro:
A trademark attorney can save you time and headaches, from searches to disputes. - Keep Records:
Save proof of your mark’s use (like invoices or ads) to back you up in conflicts. - Use ™ or ®:
The ™ symbol works for unregistered marks, and ® is for registered ones — only registered marks should use ®; misrepresenting a mark as registered is an offence. - Lock Down Digital Assets:
Grab domain names and social media handles that match your trademark to avoid cybersquatters. - Think Ahead:
Register in classes for future products or services to save hassle later.
Real-Life Lessons
Case Study 1: The Price of Waiting
TastyBites, a Mumbai food delivery startup, didn’t register its trademark. A competitor snagged a similar name, TastyBytes, and sent a cease-and-desist notice, forcing a costly rebrand – ₹10 lakh and lost customer trust.
Takeaway: Register early to own your brand.
Case Study 2: The Win of Being Prepared
Byju’s, the Bengaluru ed-tech giant, used its registered trademarks to build a global empire. Protected marks stopped copycats and boosted its value during funding rounds, helping it raise billions.
Takeaway: A strong trademark fuels growth and investor confidence.
Wrap-Up: Protect Your Brand, Protect Your Future
Your trademark isn’t just paperwork, it’s the backbone of your brand’s identity, value, and security. For founders and entrepreneurs in India, registering a trademark is a smart move that guards against imitators, builds customer trust, and strengthens your place in the market. Whether you’re just starting out or ready to grow, don’t wait. Check your brand assets, run a trademark search, and file for registration. Head to ipindia.gov.in or team up with a trademark attorney to get started. In India’s fast-paced market, securing your brand today sets you up to shine tomorrow.
Action to be Taken
Don’t leave your brand unprotected. Review your existing trademarks, register new ones, and stay ahead of competitors by actively monitoring the market. Book a call with me to secure your brand today.
“Click here to Book a Call with me”
[1] Trade Marks Act, 1999, Section 2(1) (zb)
[2] ipindia.gov.in
[3] Nice Classification system, as adopted under the Trade Marks Rules, 2017.
[4] Trade Marks Rules, 2017- Rule 36 ( examination process)
[5] Trade Marks Act 1999, Section 21 (opposition period)
[6] Trade Marks Act, 1999, Section 25 (renewal provisions)
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Meet Siddhant Jain — a lawyer who thrives in the dynamic world of Business & Commercial Law, Private Client Practice, and Maritime Matters. For him, boardrooms are battlefields, mergers are puzzles, and corporate jargon is a second language. Whether it’s navigating the maze of company law, tackling securities regulations, steering businesses through the stormy seas of bankruptcy and insolvency, or handling complex maritime disputes, Siddhant has done it all.
Beyond the corporate hustle, Siddhant also works closely with private clients — advising on wills, Trust, family settlements, agreements, and bespoke legal strategies to safeguard both business and personal interests.
From drafting intricate legal opinions on mergers to guiding company closures, and from advising shipping stakeholders to assisting families in succession planning, his practice spans a diverse legal spectrum. And when he’s not solving legal riddles, Siddhant shares his insights through newsletters and publications — because why should only his clients benefit from all that knowledge?
If you’re looking for someone who can untangle the knots of business law, safeguard your personal matters, or help you sail through maritime complexities (with a touch of humor along the way), Siddhant’s your guy.
📩 Reach him at siddhantjain2403@gmail.com