Application for Trademark

Overview of Application for Trademark

A Trademark is a unique sign, logo, word, phrase, design, sound or combination thereof that distinguishes the goods or services of one business from another. Trademark registration in India is governed by the Trademarks Act, 1999 and is administered by the Office of the Controller General of Patents, Designs and Trade Marks. A registered trademark is intellectual property — an intangible asset that gives the owner the exclusive right to use the mark, the right to sue for infringement and the ability to license or assign it for commercial gain.

What can be registered as a Trademark?

• Word marks — brand names and taglines
• Logos, symbols and devices
• Combination of words and logos
• Shape of goods, packaging and product configurations
• Sound marks (musical jingles)
• Colour combinations and patterns

Trademark classes and the Nice Classification

Trademarks in India follow the international Nice Classification system with 45 classes — Classes 1 to 34 cover goods and Classes 35 to 45 cover services. A trademark must be registered in every class relevant to the business. Choosing the right class is critical, because registration only protects the mark in the classes filed.

Stages of trademark status

Why register your trademark early

India follows a 'first to use' principle combined with a 'first to file' advantage. Filing early establishes your priority, protects you from copycats and gives you a strong legal weapon if anyone else tries to register or use a similar mark. Even at the application stage, you can use the TM symbol to signal your claim of rights.

Why choose KBP & Associates

• Exclusive right to use the brand name / logo across India
• Legal protection against infringement and passing-off
• Use of the ® symbol after registration
• Trademark is a transferable, licensable intangible asset
• Builds long-term brand equity and goodwill
• Validity of 10 years, renewable indefinitely
• Foundation for international registration under the Madrid Protocol

Documents required

• Logo / wordmark / image of the trademark (in JPG format)
• Applicant details — PAN, address, nationality
• Business proof — GST / MSME certificate / Incorporation certificate (as applicable)
• Form TM-48 — Power of Attorney in favour of the trademark agent / attorney
• User affidavit and proof of use (if claiming prior use)
• MSME / Startup India recognition certificate (for reduced government fees)

Our process

1. 1

   Trademark search

   We conduct a comprehensive public search on the IP India database to ensure the mark is available and registrable.

2. 2

   Class identification

   We identify the correct class(es) under the Nice Classification covering your goods or services.

3. 3

   Filing the application

   We file Form TM-A online with the trademark image, applicant details and class on the IP India portal.

4. 4

   Examination by Trade Marks Registry

   The Registry examines the application and issues an Examination Report within 3-6 months.

5. 5

   Response to objections

   We file a detailed response to any objections raised, with case-laws and supporting evidence.

6. 6

   Publication in Trade Marks Journal

   If accepted, the trademark is advertised in the Trade Marks Journal for 4 months for third-party opposition.

7. 7

   Registration & certificate

   If no opposition is filed (or opposition is decided in your favour), the Trademark Registration Certificate is issued.

Frequently asked questions