Sponsored
This guide explains everything about trade mark law in India and trade mark rules India. Read more!
If you’ve ever come up with a unique brand name, logo, or tagline, you probably know the excitement that comes with it. But what if someone else starts using it too? That’s where trademark registration becomes essential—and this guide will walk you through exactly how to protect your brand under the Trade Mark Act in India.
At AMD LAW INDIA, we’ve helped thousands of entrepreneurs, startups, and large businesses across India secure their intellectual property rights. If you’re looking to register your trademark smoothly, efficiently, and legally—this one’s for you.
A trademark is any word, phrase, symbol, design, or combination of these that identifies your goods or services. It sets your brand apart from others in the market.
Brand names (like Nike)
Logos (like Apple’s apple)
Taglines (like Just Do It)
Trademark registration isn’t just about legal rights; it’s about protecting your brand’s identity, trust, and value. Once registered, you get:
Exclusive ownership rights
Legal protection under Trade Mark Law in India
Power to sue in case of infringement
Nationwide recognition of your brand
The Trade Marks Act, 1999, is the governing statute that provides comprehensive protection for trademarks in India. This law covers everything from eligibility and registration to opposition and renewal.
Under the trade mark act in India, a registered trademark is valid for 10 years and can be renewed indefinitely every 10 years.
Here’s a simplified version of how you can register a trademark in India:
Before filing, it’s smart to check whether your desired trademark is already in use. You can do this through the Indian Trademark Office’s online database.
You can apply online or through an IP attorney. The application must include:
Applicant’s details
Logo or wordmark
Class of goods/services
Date of first use (if applicable)
A trademark examiner will assess your application under trade mark rules India. If it complies with the law, it moves to the next step.
The trademark is then published in the Trademark Journal to allow for public objections.
If someone opposes your trademark within 4 months, a hearing is scheduled. If no opposition, or if you win, it proceeds.
If everything goes smoothly, you’ll receive your Trademark Registration Certificate, officially giving you exclusive rights over the trademark.
Duration: It takes 6–18 months (depending on objections and opposition).
Fee: Starts from ₹4,500 for individuals/startups and ₹9,000 for companies per class.
Choosing generic or descriptive words
Not doing a prior search
Filing under the wrong class
Delays in opposition response
With a decade of experience in IP law, AMD LAW INDIA simplifies the trademark registration process for businesses across India.
No, it’s not mandatory. But without it, you don’t get exclusive rights and cannot legally enforce your brand in case of misuse.
Yes, but legal experts like AMD LAW INDIA ensure you avoid technical errors, delays, and rejections.
Trademarks are valid for 10 years and can be renewed indefinitely.
You can appeal or modify the application depending on the grounds of rejection.
Not automatically. You’ll need to file under the Madrid Protocol for global protection.
™ indicates a trademark under process or unregistered.
® signifies that the trademark is officially registered under Trade Mark Law in India.
The process may seem a bit long, but the protection is absolutely worth it. In today’s competitive market, securing your brand identity through proper trademark registration is non-negotiable. By following the trade mark rules India and consulting experts like AMD LAW INDIA, you’re giving your business a strong legal backbone.
Have questions or need a quick consultation?
📞 Call our legal team at +91 99309 03222
© 2024 Crivva - Business Promotion. All rights reserved.