Online Trademark Registration India – Fees, Process & Documents

• Step 1: Filing of Trademark Application : The applicant has to classify their Trademark and complete the Trademark Registration application in the first stage. It will take around 24 hours. After filing the Trademark application, the applicant can start using its trademark after marking ™ in front of their brand name or logo. Symbol ™ determines that the Trademark has been in the process of registration.


• Step 2: Examination of Trademark Application : A Trademark application is submitted to the Trademark registry, where it undergoes inspection for similarities, deceptiveness, and absolute grounds for refusal of the Trademark according to sections 9 and 11 of "The Trademark Act, 1999". The application will be advertised in the Trademark journal if the Trademark is suitable or not identical to existing Trademarks. This procedure requires two months of time. After the advertisement, if no one opposes or raises objections regarding the similarities of that brand, it is officially registered. However, if anyone wishes to object, the registry moves on to the third stage.


• Step 3: Reply to Examination Report & Show Cause Hearing : The applicant has to respond to the examination report within one month of the objection being raised if the registrar finds any kind of similarities with another Trademark during the Trademark Registration process or if someone objects to the Trademark. If the examination report gets a satisfactory and acceptable reply then the application goes for the advertisement. If the reply is not acceptable and satisfactory, it will go for the “Trademark Show Cause Hearing”. At this point, any applicant who wishes to make amendments to their Trademark can do so. The applicant has to fill out a form and make a request for the changes. A Show Cause Hearing usually occurs after the objection is raised by the registrar and at this point, the applicant has to prove that their mark is dissimilar to any other Trademark that is already registered. Once the application is approved, then it will be advertised. The application will be denied if it is not approved.


• Step 4: Acceptance and Advertisement in the Journal : The application has been published for the journal advertisement. The third-party has four months to submit a notice of opposition against the application if they have trademark-related concerns. Final registration of such marks will starts if no objection is being raised.


• Step 5: Opposition Process : Any brand or business that has a concern about a Trademark's similarity to its registered trademark comes up for the opposition. The applicant must provide an acceptable statement, affidavits, and substantial proof to the opposition because this opposition creates issues and delays registration.


• Step 6: Evidence & Final Hearing: The applicant must present compelling evidence at this stage to support their case and explain how their Trademark differs from the opposition's Trademark. The duration of two months are provided to the applicant to gather evidence in support of their claim. At the final hearing, the department gives each side an opportunity before making a decision. Both sides are free to present arguments in support of their claims. The Trademark receives a registration certificate in the final stage. At this point, the applicant has full ownership of all intellectual property associated with the Trademark and they can begin using the ® or circled R in front of their logo, which indicates that the Trademark is registered.

The documents required for trademark registration are mentioned below for proper verification and successful filing:

• LOGO (if any)
• Nature of Goods & Service
• Email ID & Mobile No.
• Aadhar Card (for individual applicants)
• GST (if applicable)
• Signed Power of Attorney (if the applicant hires any professional)
• Signed User Affidavit
• MSME Certificate (for small enterprises)
• Start-up Certificate (for start-ups)

Note : Proof of Use - Submit supporting documents (such as Domain bill, Invoice containing Mark, images of the product with Mark, etc.) with the New and Old dates, which can work as proof of use of the Mark by the applicant or its predecessors from the date of use mentioned in the application.

There are many advantages of Trademark Registration which can provide legal protection to a brand name. Some most important benefits of Trademark Registration are mentioned below:

• Legal protection: Trademarks that have been registered are granted legal protection for intellectual property. A Trademark that is registered cannot be used by anyone else. It assures a company's status.
• Prevent Confusion: Similar Trademarks mislead consumers and damage a well-known brand's reputation and goodwill. If that brand is already registered, nobody else will be allowed to use similar Trademarks for their own commercial advantage.
• Different reputation: A registered Trademark creates uniqueness and helps a brand or business stand out from competitors who produce or do similar work.
• Sustainable value: A registered Trademark offers a product identity and long-term worth.

There are various stages you must go through while registering a Trademark. Before registering trademark, applicant must identify the following:

• The Trademark or sign used by the applicant should be distinctive and different from other registered Trademarks.
• The applicant should be extremely clear about the classes of their Trademarks. Their chances of being rejected may increase if they select the incorrect class. The NICE classification divides goods and services into a total of 45 classes. Two groups have been created from the Trademark classes and they are as follows:
  • Goods class (include classes 1 to 34)
  • Service class (include classes 35 to 45)
• After choosing the classes and goods in which the proposed Trademark falls, the applicant can start with the application process on the government portal or they can take the help of a professional to register their Trademark.

Everyone who wishes to provide some goods or services may apply for Trademark in India. The following categories have been established based on the types of applicants:

• Individuals
• Start-ups
• Small enterprises
• Others (society, NGO, trust, etc.)

All the aforementioned stakeholders have the opportunity to benefit from the legal protection that comes with using their mark by registering it, which will allow them to enhance their brand value in the future.

To avoid mistakes during Trademark Registration as well as expedite the process without any delays, following measures are suggested:

1. The Trademark must be distinctive.
2. Set up relevant classes for your products and services.
3. Trademark should be easy to pronounce for the customers.
4. A Trademark shouldn't be similar to any another trademark registered.
5. Information should be correct and accurate.

Note : Ensure hassle-free trademark registration by consulting with professionals for a smooth and efficient process for registration.

Trademark Registration is a time taking and complex process and involves high chances of rejection. Here "Litem Legalis" is a team of professional advocates that can make your registration process hassle-free. There are several reasons for choosing “Litem Legalis” such as

Legal Consultation

Expert Lawyers

Affordable & Fair Fees

Quick Process