Right Plan for Your Business
- Expert assisted process
- Your company name is filed in just 2 - 4 days
- DSC in just 4 - 7 days
- SPICe+ form filing in 14 days*
- Incorporation Certificate in 28 - 35 days
- Company PAN+TAN
- DIN for directors
- Expert assisted process
- Your company name is filed in just 2 - 4 days
- DSC in just 4 - 7 days
- SPICe+ form filing in 14 days*
- Incorporation Certificate in 28 - 35 days
- Company PAN+TAN
- DIN for directors
- Digital welcome kit that includes a checklist of all post-incorporation compliances
- Expert assisted process
- Your company name is filed in just 2 - 4 days
- DSC in just 4 - 7 days
- SPICe+ form filing in 14 days*
- Incorporation Certificate in 28 - 35 days
- Company PAN+TAN
- DIN for directors
- Digital welcome kit that includes a checklist of all post-incorporation compliances
- MSME registration Free 🎉
- Expedited Trademark application filing
Trademark Registration in India
Trademark registration is the process of obtaining exclusive legal rights over your brand name, logo, symbol, or slogan. In India, this process is governed by the Trade Marks Act, 1999, which allows businesses to secure and protect their intellectual property in the marketplace.
The registration procedure involves:
Filing Form TM-A with the appropriate Trademark Office.
Selecting the correct class(es) for your goods or services under the classification system.
Completing requisite examinations, responding to objections or oppositions if any, and finally receiving registration.
Once your trademark is registered, you are legally entitled to use the ® (symbol) alongside your mark, signifying its official recognition.
At A2Z Registration, we streamline the entire online trademark registration journey. Our services include:
Comprehensive pre-filing trademark search to avoid potential conflicts.
Expert guidance in class selection and documentation.
Support in handling registrar objections or third-party oppositions.
Ongoing renewal assistance to maintain your brand protection.
With our experienced team of trademark attorneys, we help you secure your trademark certificate and build a solid legal foundation for your brand identity.
What is a Trademark?
A trademark is a form of intellectual property that serves as a unique identifier for goods or services. It can consist of a word, phrase, logo, symbol, design, or a combination of these elements that distinguish one business’s offerings from another.
Under the Trade Marks Act, 1999, the definition of a trademark extends beyond traditional logos or names — it may also include the shape of goods, distinctive packaging, or specific color combinations, provided these can be graphically represented and effectively differentiate products or services in the marketplace.
In essence, a trademark acts as a badge of origin, helping consumers associate quality and reputation with a particular brand while protecting the owner’s rights against imitation or misuse.
Why Should You Register a Trademark?
Registering a trademark in India provides strong legal protection for your brand and ensures exclusive ownership rights. Under the Trade Marks Act, 1999, a registered trademark is valid for 10 years from the filing date and can be renewed indefinitely to maintain ongoing protection.
Beyond safeguarding your brand, trademark registration offers multiple business and strategic benefits:
✅ Legal Protection: Enables you to take legal action against infringement, misuse, or unauthorized use of your brand.
✅ Proof of Ownership: Creates an official public record of ownership through publication in the Trademark Journal.
✅ Brand Differentiation: Helps distinguish your goods or services from competitors, enhancing brand recognition.
✅ Customer Trust: Registered trademarks are associated with quality and reliability, fostering consumer confidence.
✅ Business Growth: Adds tangible value to your business, making it more attractive to investors and partners.
✅ Anti-Counterfeiting: Prevents imitation or fraudulent use of your brand identity.
✅ Licensing Opportunities: Allows you to license or franchise your trademark for additional revenue.
✅ Right to Use ® Symbol: Once registered, you can use the ® mark, enhancing your brand’s credibility and authenticity.
✅ Valuable Business Asset: A trademark becomes an intangible asset that can be sold, transferred, or leveraged commercially.
Who can apply for a Trademark Registration Online?
The person or entity listed as the applicant in the registration form will be considered a trademark owner. The following entities can apply for trademark registration online:
- Individuals
- Joint owners of a company
- Proprietorship firms
- Partnership firms (with a maximum of ten partners)
- Limited Liability Partnerships (LLPs)
- Indian companies
- Foreign companies
- Trusts
- Societies
Documents Required for Trademark Registration Online in India
To register a trademark in India, applicants must submit Form TM-A along with supporting documents that establish their identity, ownership, and right to use the mark. Depending on the type of applicant, specific documents are required.
Below is a detailed breakdown of the documents required for various applicant categories:
| Applicant Type | Documents Required for Trademark Registration |
|---|---|
| Individuals & Sole Proprietorship | 1. Duly filled Form TM-A 2. Logo (if applicable) 3. Power of Attorney (Form-48) 4. Identity Proof – Aadhar Card / PAN Card / Passport / Driving License 5. Address Proof – Utility Bill / Bank Statement / Voter ID 6. User Affidavit (to establish prior use, if applicable) |
| Partnership Firms | 1. Form TM-A 2. Logo (if applicable) 3. Power of Attorney (Form-48) 4. Partnership Deed or Firm Registration Certificate 5. Identity & Address Proof of the Authorized Signatory 6. User Affidavit 7. MSME Certificate (if applicable) 8. Startup Recognition Certificate (DPIIT) 9. Partnership PAN Card |
| Companies (Private Ltd., Public Ltd., or LLPs) | 1. Form TM-A 2. Incorporation Certificate / LLP Agreement 3. Power of Attorney (Form-48) 4. Logo (if applicable) 5. Identity & Address Proof of Authorized Signatory 6. User Affidavit 7. MSME Certificate (if applicable) 8. Startup Recognition Certificate (DPIIT) 9. Company PAN Card or LLP PAN Card |
| Other Applicants (Trusts, NGOs, Societies, etc.) | 1. Form TM-A 2. Logo (if applicable) 3. Incorporation Certificate 4. Power of Attorney (Form-48) 5. Identity & Address Proof of Authorized Signatory 6. User Affidavit 7. Trust / Society PAN Card 8. Trust / Society Deed 9. GST Certificate |
Documents Required for Trademark Registration Online in India
To register a trademark online in India, applicants must submit Form TM-A, along with relevant identification, business, and ownership documents. The required documents vary depending on the applicant’s legal status—whether an individual, partnership, company, or organization.
Below is a detailed list of documents needed for each applicant type:
| Applicant Type | Documents Required for Trademark Registration |
|---|---|
| Individuals & Sole Proprietorship | 1. Duly filled Form TM-A 2. Logo (if applicable) 3. Power of Attorney (Form-48) 4. Identity Proof – Aadhar Card / PAN Card / Passport / Driving License 5. Address Proof – Utility Bill / Bank Statement / Voter ID 6. User Affidavit (if the mark is already in use) |
| Partnership Firms | 1. Form TM-A 2. Logo (if applicable) 3. Power of Attorney (Form-48) 4. Partnership Deed or Firm Registration Certificate 5. Identity & Address Proof of the authorized signatory 6. User Affidavit 7. MSME Certificate (if applicable) 8. Startup Recognition Certificate (DPIIT) 9. Partnership PAN Card |
| Companies (Private Ltd., Public Ltd., or LLPs) | 1. Form TM-A 2. Certificate of Incorporation or LLP Deed 3. Power of Attorney (Form-48) 4. Logo (if applicable) 5. Identity & Address Proof of the authorized signatory 6. User Affidavit 7. MSME Certificate (if applicable) 8. Startup Recognition Certificate (DPIIT) 9. Company PAN Card or LLP PAN Card |
| Other Applicants (Trusts, NGOs, Societies, etc.) | 1. Form TM-A 2. Logo (if applicable) 3. Certificate of Incorporation 4. Power of Attorney (Form-48) 5. Identity & Address Proof of the authorized signatory 6. User Affidavit 7. Trust / Society PAN Card 8. Trust / Society Deed 9. GST Certificate |
✅ Additional Notes:
Form TM-A is mandatory for all trademark registration applications.
Form-48 authorizes an agent or legal representative to act on behalf of the applicant.
The User Affidavit is required if the applicant claims prior use of the trademark before registration.
MSME and Startup Certificates are optional but can help reduce government filing fees.
Post-Registration Procedures
Once your trademark registration is successfully completed, certain post-registration actions are necessary to maintain and protect your brand’s legal rights. Proper management ensures continued ownership, compliance with the Trade Marks Act, 1999, and protection against infringement.
1. Trademark Renewal
A registered trademark in India is valid for 10 years from the date of registration. To maintain continuous protection, it must be renewed before expiry. Failing to renew may result in removal from the Trademark Register, leaving your brand unprotected.
2. Amendments and Updates (Form TM-P)
Any changes or corrections to the registered trademark—such as ownership details, address, or business structure—must be officially updated by filing Form TM-P with the Trademark Registry. This ensures that all information remains accurate and legally valid.
3. Handling Oppositions or Objections
Even after registration, you may face oppositions, rectifications, or infringement disputes. Such issues should be addressed promptly within the prescribed time limits to avoid cancellation or loss of rights.
4. Assignment and Transfer of Rights
If the trademark ownership is transferred or assigned (fully or partially), the transfer must be registered through Form TM-P to make it legally effective. Proper documentation ensures smooth transition of ownership and continued protection.
5. Periodic Trademark Monitoring
Regularly conducting trademark status checks helps identify unauthorized use, similar brand registrations, or potential infringements. Monitoring your trademark portfolio ensures your intellectual property remains secure and enforceable.
Trademark Renewal Process
To maintain continuous legal protection of a registered trademark, the trademark owner must renew the trademark every 10 years by filing Form TM-R with the Trademark Registry before the expiry date. The renewal ensures that the exclusive rights to use the mark remain active and enforceable under the Trade Marks Act, 1999.
📋 Documents Required for Trademark Renewal
When applying for renewal, the following documents are necessary:
Form TM-R – Official form for filing the Trademark Renewal Application.
Trademark Certificate – A certified copy of the original registration certificate issued by the Trademark Registry.
Form TM-A – Certified copy (or original) of the initial registration form submitted during the first registration.
Identity & Address Proof – Valid government-issued ID (like PAN, Aadhaar, or Passport) and proof of address of the trademark owner.
Power of Attorney (Form-48) – Required only if the renewal application is being filed through an agent or legal representative.
⚖️ Key Tip:
Timely renewal—preferably six months before expiry—helps avoid penalties or additional fees for late renewal. A2Z Registration offers complete assistance in preparing and submitting renewal documents to ensure uninterrupted trademark protection.
Trademark Renewal Fees
Trademark renewal fees in India depend on the mode of filing and any delays in submission. The Trade Marks Act, 1999 and corresponding rules govern the prescribed fees for different filing methods.
| Type of Filing | Government Fee (Per Class) |
|---|---|
| E-Filing (Online Application) | ₹9,000 per class |
| Physical Filing (Offline Submission) | ₹10,000 per class |
| Late Renewal Surcharge | ₹4,500 (in addition to the renewal fee) |
| Restoration Fee | ₹9,000 (in addition to the renewal fee) |
💡 Note:
Timely renewal—preferably six months before expiration—prevents additional charges. If missed, restoration and late renewal fees apply within the six-month grace period.
Trademark Rectification and Cancellation
Trademark Rectification and Cancellation are legal processes under the Trade Marks Act, 1999, allowing correction or removal of trademarks that are incorrectly registered, unused, or in violation of statutory provisions.
🔹 Trademark Rectification
Objective:
To correct mistakes or lapses in the trademark register.
Common Reasons for Rectification:
Clerical or procedural errors in registration.
Non-use of the trademark for an extended period.
Violation of conditions or misleading entries in the register.
Procedure:
File Form TM-26 with the Trademark Registry.
Provide supporting evidence and relevant documents.
Who Can Apply:
Any interested party affected by the registration, including owners of similar marks or aggrieved third parties.
Authority:
Handled by the Registrar of Trademarks or the Intellectual Property Appellate Board (IPAB).
🔹 Trademark Cancellation
Objective:
To remove or delete a registered trademark from the official register.
Initiator:
Any person or entity who believes that the registered trademark is invalid, misleading, or has not been used for the prescribed duration.
Legal Basis:
Regulated under the Trade Marks Act, 1999, allowing the Registrar or IPAB to cancel the registration upon valid grounds or evidence.
Trademark Infringement and Legal Remedies
Trademark infringement occurs when a registered mark is used by another party without authorization, leading to consumer confusion, dilution of brand identity, or unfair advantage.
⚖️ Legal Remedies for Trademark Infringement:
Injunctions: Court orders restraining further unauthorized use of the trademark.
Damages or Compensation: Financial recovery for losses caused by infringement.
Account of Profits: Recovery of profits earned by the infringing party through misuse.
Seizure of Infringing Goods: Legal removal of counterfeit or infringing products from the market.
Infringement cases are enforceable under both civil and criminal law, ensuring that brand owners can effectively protect their intellectual property rights.