Trademark Registration in India — Protect Your Brand Name, Logo & Identity
A trademark is a legal right that gives your business exclusive ownership over your brand name, logo, tagline, product name, or packaging design in the classes in which it is registered. In India, trademarks are governed by the Trade Marks Act, 1999 and administered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) — the IP India portal at ipindia.gov.in.
Trademark registration in India is a two-phase process: (1) Filing the TM application — takes 1–2 working days; immediately gives you the ™ (TM) symbol right and a priority date from which your exclusive rights are calculated. (2) Full registration and ® symbol — takes 18–24 months, subject to examination, publication in the Trademark Journal, and a 4-month opposition window during which third parties can object.
Your trademark, once registered, is valid for 10 years from the date of application — and can be renewed indefinitely every 10 years. A registered trademark is a business asset that can be licensed, sold, assigned, franchised, or used as collateral for a loan.
- Only a registered trademark owner can use the ® symbol and has the legal right to sue for infringement nationwide
- An unregistered brand can only claim protection in its limited geographic area of actual use — common law rights, not statutory rights
- Once registered, the trademark is presumed valid — the burden of proof in any infringement case shifts to the infringer
- A registered trademark prevents others from registering identical or deceptively similar marks in the same or related classes
™ vs ® — Know the Difference: The ™ (TM) symbol can be used from the date of filing — even before registration is granted. It signals that you claim trademark rights on this mark. The ® (Registered) symbol can ONLY be used after the trademark is fully registered. Using ® before registration is a criminal offence under Section 107 of the Trade Marks Act 1999, punishable with up to 3 years imprisonment and/or fine. Our CAs advise clients on correct symbol usage throughout the registration process.