Trademark registration filing in India

Continuing from our last post about the need for Trademark registration, in this article we tell you the procedure for filing a Trademark registration application in India.

Before we begin, it must be noted that Trademarks are territorial in region, which means a Trademark registered in India will give you exclusive rights for using the registered Trademark only in India. If your product/ service brands have customers outside India, Trademarks should be registered in all such countries. More on this in our next article.

After a search has been done for the proposed brand name for Trademark registration, it is advised to consult a Trademark Attorney or a practicing Trademark Agent to ensure that you get maximum Trademark protection.

Based on the suggestions of Trademark Attorney, the next step would be to file a FORM TM-1 (here) or FORM TM-51 (here) along with a statutory fee of Rs. 3,500/- per class.

Alternatively, you can authorize a Trademark Agent by submitting the FORM TM-48 (here) printed on a Rs. 200/- stamp paper. Authorizing a Trademark Agent is always recommended, as the Agent would take care of filing all required documents and also responding to objections from Trademarks Office on your behalf, thus ensuring that your Trademark is being registered in a timely manner.

The entire process takes 1-2 years, but the applicant can start using the applied mark along with a superscript TM.

Below is a descriptive flow chart entailing the Trademark registration process in India: 


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