Importance of Trade Mark Protection

Every product or service needs a distinctive name that sets it apart in the marketplace. Businesses invest significant time, effort, and resources into creating this identity—building brand awareness through advertising, fostering goodwill, earning a solid trade reputation, and shaping a positive public image. Over time, this name evolves into a valuable brand asset.

However, with popularity comes the risk of misuse. A well-known brand (legally known as a Trade Mark) can attract unwanted attention when competitors attempt to copy, imitate, or use it without permission to divert revenue. To safeguard against such exploitation, it is essential to protect a Trade Mark through registration.

Registered Trade Marks—renowned for their unlimited lifespan and powerful revenue potential—are often among the most valuable intellectual property assets a company can own.

MARK-R has a proven track record of helping clients secure, maintain, and manage their Trade Mark protection both locally and internationally, guiding them from inception through every stage of the brand’s lifecycle.

Procedure for Trademark Registration in India

Registering a trademark online involves a series of structured steps to ensure your brand name is protected from unauthorized use.

1. Search for the Brand Name

Choosing a unique and distinctive brand name is the first and most important step. Most generic names are already taken, so it is wise to create something original—either by coining a new word or creatively combining existing ones. A trademark search should be conducted to ensure your chosen name is not already in use or registered.

2. Filing the Trademark Application

Along with the application, the following supporting documents are required:

• Business Registration Proof: Depending on your business type (e.g., sole proprietorship, partnership, company), submit identity proof of the business owner/partners/directors and address proof of the business entity.

• Proof of Claim (if applicable): Such as sales invoices showing prior use of the brand name, including in other countries.

• Power of Attorney (Vakalatnama): Authorizing your trademark agent or attorney to act on your behalf.

3. Submission of the Application

Trademark applications can be filed in two ways:

• Manual Filing: Submit the application in person at the Trademark Registrar’s Office in Delhi, Mumbai, Kolkata, Ahmedabad, or Chennai. Acknowledgement takes about 15–20 days.

• E-Filing (Form TM-A): File online via the official IP India portal and receive immediate acknowledgement.

4. Examination of the Application

The Registrar of Trademarks examines whether:

• All formal requirements are met.

• The proposed trademark complies with applicable laws.

• It does not conflict visually or phonetically with existing registered or pending trademarks.

5. Publication in the Trademark Journal

If the Registrar raises no objections, the trademark is published in the Indian Trademark Journal.

• Opposition Period: For 4 months after publication, any third party may oppose the registration if they believe it conflicts with their mark.

• If no opposition is filed, the trademark proceeds to registration.

6. Opposition Proceedings (if applicable)

If an opposition is filed:

• You will receive an opposition notice.

• A counter-statement must be filed within 2 months, along with a government fee.

• Both parties must submit evidence supporting their claims (under Rules 45 & 46).

• The Registrar will hold a hearing and issue a decision to accept or reject the trademark.

7. Issuance of the Trademark Registration Certificate

If:

• No opposition is filed within the stipulated period, or

• Opposition proceedings conclude in your favor,
  the Registrar issues a Trademark Registration Certificate with the official stamp of the Trademark Registry.

You may then use the ® symbol alongside your brand name to signify that it is officially registered and protected.