What you need to file a trademark application in India — the mark itself, applicant details, class selection and specification, the documents required for each applicant type, and what to do after filing.
A trade mark application needs surprisingly little paperwork but a good deal of decision-making. The documents take an hour; getting the mark, the classes and the specification right is what determines whether the registration is worth having.
Before You File — Search
- Search the trade marks register for identical and similar marks in the classes you intend to file in.
- Search phonetically similar marks, not only identical spellings. Similarity of sound is a ground of objection.
- Search the company and LLP name databases.
- Check domain availability and social media handles.
- Search common law use — a mark unregistered but in genuine use can still be asserted against you.
A search is cheap and an objection is not. Discovering a conflicting mark after filing means either a contested examination reply, an opposition, or abandoning the application and the fee. Discovering it after you have printed packaging and built a following is far worse.
The Mark Itself
- Wordmark — the word or phrase, filed as plain text. Broadest protection, because it covers the word in any font or style.
- Device or logo — filed as an image, in JPEG format, clear and of adequate resolution.
- Where the logo includes the brand name, consider filing the wordmark and the device separately. A device registration alone protects the styling, not the word.
- If colour is a feature you want to claim, state it; otherwise the mark is treated as covering all colours.
- Note any non-English or non-Latin script elements, with transliteration and translation.
Applicant Details
- Full legal name and address of the applicant, exactly as it appears in official records.
- Nationality, and legal status — individual, company, LLP, partnership, trust or society.
- Email address and mobile number.
- Date of first use in commerce, if you are claiming prior use. If claiming use, you must be able to evidence it — otherwise file on a "proposed to be used" basis.
Do not claim a use date you cannot prove. A claimed user date must be supported by an affidavit with documentary evidence — invoices, advertisements, packaging. An unsupported claim can undermine the application and is worse than filing as "proposed to be used", which is entirely legitimate for a new brand.
Classes and Specification
- The class or classes, from the 45 under the Nice Classification.
- A clear specification of goods or services within each class. This defines the scope of protection and matters as much as the class number.
- Fees are charged per class, so decide deliberately.
Documents by Applicant Type
Individual or Sole Proprietor
- Aadhaar or PAN.
- Address proof.
- Udyam registration certificate, to claim the concessional fee.
Company or LLP
- Certificate of incorporation.
- PAN of the entity.
- Board resolution or authorisation to file, and the authorised signatory's details.
- Udyam certificate or DPIIT startup recognition, to claim the concessional fee.
Partnership Firm
- Partnership deed.
- Names of all partners, all of whom are shown as applicants.
- PAN of the firm.
Trust or Society
- Registration certificate.
- Trust deed or memorandum.
- Authorisation in favour of the person signing.
If an Agent or Attorney Files for You
- Authorisation of the agent in Form TM-M (rule 19; earlier called TM-48 power of attorney), signed by the applicant. It may be filed with the application or shortly after.
If You Are Claiming Priority
- A certified copy of the earlier foreign application, with a translation if it is not in English.
- The priority claim must be made within six months of the earlier filing date.
After Filing
- You receive an application number immediately, and may begin using the ™ symbol.
- The application is examined and an examination report may issue with objections.
- Reply to the examination report within one month of receipt (rule 33(4)). This deadline is the one most often missed, and missing it can lead to the application being treated as abandoned.
- If the reply does not resolve matters, a hearing is scheduled.
- On acceptance the mark is advertised in the Trade Marks Journal.
- Third parties may oppose within four months of advertisement.
- If unopposed, or if opposition is decided in your favour, the mark proceeds to registration.
- Registration lasts ten years and is renewable indefinitely for further ten-year periods. Use the ® symbol only after registration.
Diarise the renewal the day the certificate arrives. Ten years is long enough for the responsible person to have left the business. A renewal application can be filed in advance of expiry, and there is a surcharge-bearing window after it — but a mark allowed to lapse entirely has to be applied for afresh, losing its priority.