Registrations

Trademark Registration: How to Protect Your Brand Name & Logo in India

S
Sai Consultancy IP Advisory Team
Trademark TM Brand Asset Protection

Your brand name and logo are your business's most valuable assets. Without a registered trademark, you cannot legally stop competitors from copying your brand name, logo, or design. Registering under the Trademarks Act, 1999 gives you exclusive ownership rights across India. Once registered, your trademark becomes a legal asset that you can franchise, sell, or license, and it protects your brand on online marketplaces and social media platforms.

The Steps from 'TM' to '®'

Registering your brand name involves a few clear steps on the IP India portal:

  • **Step 1: Public Brand Search**: We run a deep check on the government database to ensure your proposed brand name or logo is not identical or similar to an existing business mark. This prevents future disputes.
  • **Step 2: Selecting the Class**: Trademarks are divided into 45 classes. Classes 1 to 34 cover products (like clothes or machinery), and classes 35 to 45 cover services (like retail or IT). We file your application in the correct classes.
  • **Step 3: Filing and Using 'TM'**: Once we file the application, you get an official application number. You can immediately start using the 'TM' symbol next to your logo.
  • **Step 4: Government Objection Check**: The government examiner checks your application. If they find any generic word or similar logo, they issue an objection report under Section 9 or 11. We draft a strong legal reply to clear this.
  • **Step 5: Journal Advertisement**: Your mark is published in the official Trademark Journal for 4 months to check if anyone else has prior claims.
  • **Step 6: Final Registration**: If no one objects, you receive your registration certificate and can start using the '®' symbol. The registration is valid for 10 years and can be renewed.

Handling Government Objections

Receiving a government objection is common and must be replied to within 30 days. We analyze the objection, find legal references, draft the reply, and represent your brand in government hearings if required to ensure your brand name is safely registered.