Trade Mark Registration Lawyer in Delhi
Trademark Laws in India – Filing Process, Cost, Duration & FAQs
A trademark is a brand name, logo, symbol, word, or design that uniquely identifies a business. Trademark registration in India is governed by the Trademark Act, 1999, which protects businesses against unauthorized use of their brand identity.
1. Key Provisions of Trademark Laws in India
(A) Trademark Act, 1999
- Grants exclusive rights to use a registered trademark.
- Protects businesses from trademark infringement.
- Allows licensing & assignment of trademarks.
(B) Who Can Apply for a Trademark?
✅ Individuals (for personal brands or future business use).
✅ Companies (Private Limited, LLP, Partnership, Sole Proprietorship).
✅ NGOs, Trusts, and Associations.
(C) Types of Trademarks That Can Be Registered
✅ Word Marks – Business names, slogans, taglines (e.g., “Nike”, “Just Do It”).
✅ Logo/Symbol – Company logos (e.g., Apple’s logo, McDonald’s golden arches).
✅ Sound Marks – Unique sounds (e.g., Nokia ringtone).
✅ Shape Marks – Distinctive product packaging (e.g., Coca-Cola bottle shape).
✅ Color Marks – Unique color combinations (e.g., Cadbury’s purple).
2. Trademark Filing Process in India
Step 1: Trademark Search
- Conduct a search on the IP India website (www.ipindia.gov.in) to check for existing trademarks.
- Avoid filing if a similar trademark already exists.
Step 2: Select Trademark Class
- Trademarks are classified under 45 different classes.
- Examples:
✅ Class 25 – Clothing, Footwear, Headgear.
✅ Class 35 – Business & Marketing Services.
✅ Class 41 – Education & Entertainment Services.
✅ Class 9 – Software & Electronics.
Step 3: File Trademark Application
- File online via IP India Portal or offline at Trademark Registry offices (Mumbai, Delhi, Kolkata, Chennai, Ahmedabad).
- Required documents:
✅ Applicant details (name, address, type of business).
✅ Trademark logo (if applicable).
✅ Description of goods/services.
✅ Power of Attorney (if filed through an agent/lawyer).
Step 4: Examination by Trademark Registrar
- Timeframe: 6-8 months.
- Registrar checks for similar trademarks & legal compliance.
- Possible outcomes:
✅ Accepted – Published in the Trademark Journal.
❌ Objection Raised – Reply required within 30 days.
Step 5: Trademark Journal Publication
- Published in Trademark Journal for public review (4 months).
- If no opposition is received, the trademark proceeds to registration.
Step 6: Trademark Registration & Certificate Issuance
- If no objections or oppositions are raised, the trademark is officially registered.
- Validity: 10 years (renewable indefinitely).
3. Cost & Fees for Trademark Registration in India
| Applicant Type | Government Fees (Per Class) | Legal/Professional Fees |
|---|---|---|
| Individuals / Startups / MSMEs | ₹4,500 | ₹5,000 – ₹15,000 (optional lawyer fees) |
| Companies / LLPs / Trusts / NGOs | ₹9,000 | ₹5,000 – ₹15,000 |
| Trademark Objection Reply | ₹1,500 | ₹3,000 – ₹10,000 |
| Trademark Opposition Filing | ₹2,700 | ₹5,000 – ₹25,000 |
| Renewal (after 10 years) | ₹9,000 | ₹5,000 – ₹10,000 |
4. Trademark Registration Duration & Timeline
| Stage | Time Required |
|---|---|
| Trademark Search | 1-2 days |
| Application Filing | 1-2 days |
| Examination Report (Acceptance/Objection) | 6-8 months |
| Publication in Trademark Journal | 4 months |
| Final Registration & Certification | 1-2 months (if no objections/oppositions) |
| Total Time for Registration | 12-18 months |
5. FAQs on Trademark Laws in India
Q1. Can I start using my trademark before registration?
✅ Yes, you can use ™ (Trademark symbol) immediately after filing.
✅ You can use ® (Registered Symbol) only after registration is complete.
Q2. How long does trademark protection last in India?
✅ 10 years, renewable indefinitely.
Q3. Can someone challenge my trademark after it’s registered?
✅ Yes, but only within 5 years after registration.
Q4. What happens if my trademark application is rejected?
✅ You can file an appeal with the Intellectual Property Appellate Board (IPAB).
Q5. Can I register a foreign trademark in India?
✅ Yes, under the Madrid Protocol, foreign companies can apply for a trademark in India.
Q6. Do I need a lawyer to file a trademark in India?
✅ No, but a lawyer can help avoid objections and legal issues.
Q7. Can a trademark be sold or transferred?
✅ Yes, trademarks can be licensed or assigned to another party.
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