Trademark registration

Trademark registration is an application in Form TM-A under the Trade Marks Act, 1999, for a mark that distinguishes one person’s goods or services from another’s. Company Suggestion searches the register, files the form, and answers the examination report. The registration lasts 10 years from the filing date.

What can be filed as a trademark?

Section 2(1)(zb) covers a mark that can be represented graphically and that distinguishes goods or services. The usual filings are a word, a logo, a label, a signature, numerals, the shape of goods, or a combination of colours. A sound mark can also be filed.

The mark is claimed as “proposed to be used,” or with a date of first use if it is already in the market. A prior user date is stated only when the applicant can support it.

Who can apply, and in which class?

The person who claims to be the proprietor applies. That can be an individual, a partnership firm, an LLP, a company, or a trust. The goods and services fall into 45 classes: classes 1 to 34 are goods, and classes 35 to 45 are services. One Form TM-A can name more than one class. The registration covers the goods named in it, not every product the business might later sell.

A public search on the IP India register comes before the filing, in the class the business actually uses. A mark that is identical to an earlier mark for the same goods is a weak application.

Which papers does TM-A need?

The form is filed online. The working file is short.

The mark itself: the word, or a clear image of the device
The applicant’s name, address, and legal status
The class, and the specific goods or services
The user claim, if the mark is already in use, with the date of first use
An authorisation, when an agent signs the form

The application carries the government fee for that applicant and for the number of classes. A startup or a small enterprise files in that fee category when the certificate is in hand.

What are the filing steps?

Company Suggestion takes the mark through five steps.

The word or device is searched on the public register in the right class.
Form TM-A is filed with the mark, the class, and the user claim.
The examination report is answered within one month of its receipt, unless that time is extended.
The mark is advertised. An opposition, if any, is answered with a counter-statement within two months of the notice.
The certificate is downloaded. Renewal is Form TM-R, in the year before the ten years run out.

Frequently asked questions

4 questions cover the rules that decide this registration.

How long does a trademark last?

Ten years from the date of the application, under section 25. It is renewed for further periods of ten years in Form TM-R. If it is removed for non-renewal, restoration is also Form TM-R, within one year from the date the last registration expired.

When can the ® symbol be used?

After the mark is registered. While the application is pending, the mark may be shown with ™. The ® symbol before registration is not available.

How long can someone oppose a trademark?

Four months from the date the mark is advertised in the Trade Marks Journal. Any person may oppose. The applicant’s counter-statement is due within two months of receiving that notice.

Is a logo registered separately from a word?

A logo is a device mark in the same Form TM-A. It is not a different register. A word and a device can be filed as one composite mark or as two applications.