Question 1

What is a trademark?

Accepted Answer

A trademark is a sign, such as a name, logo, tagline or combination, that identifies and distinguishes the goods or services of one business from those of another. It protects your brand identity in the market.

Question 2

How long does trademark registration take in India?

Accepted Answer

If there is no objection or opposition, registration typically takes about 12–24 months. You can usually start using the ™ symbol as soon as you file. Timelines depend on the Registry’s workload and any objections or oppositions.

Question 3

What is a trademark class?

Accepted Answer

Goods and services are grouped into 45 classes under the Nice Classification. You register your mark in the class or classes that cover what you offer, and protection is tied to those classes.

Question 4

Can I apply in multiple classes?

Accepted Answer

Yes. A multi-class application (or separate applications) can cover several classes. Government fees apply on a per-class basis.

Question 5

Can I use the ™ symbol before registration?

Accepted Answer

Yes. The ™ symbol can be used on a mark you claim, including while your application is pending or even if the mark is unregistered.

Question 6

When can I use the ® symbol?

Accepted Answer

Only after the mark is officially registered. Using ® before registration is not permitted.

Question 7

How long is a registered trademark valid?

Accepted Answer

A registration is valid for ten years from the date of application and can be renewed indefinitely in further ten-year terms.

Question 8

What happens if an objection is raised?

Accepted Answer

The Registry issues an examination report setting out the objection. You file a reasoned reply within the stipulated time and may attend a hearing. An objection is not a rejection, many are successfully overcome.

Question 9

Who can apply for a trademark, and what can be registered?

Accepted Answer

Any person or business claiming to be the proprietor, an individual, company, LLP, partnership or other entity, can apply. Names, logos, taglines, labels, packaging and other distinctive signs can be registered.

Question 10

Why should I conduct a search before applying?

Accepted Answer

A search reveals identical or similar existing marks, which lowers the risk of objection, opposition or refusal, and avoids wasted government and professional fees on a mark you may not be able to register.

Question 11

What is a collective mark?

Accepted Answer

A collective mark is used by the members of an association to distinguish their goods or services from those of non-members. It is owned by the association rather than an individual trader.

Question 12

What is a certification mark?

Accepted Answer

A certification mark certifies defined characteristics of goods or services, such as origin, material, quality or standard, and is used by anyone who meets that standard, under the certifier’s control.

Question 13

What are absolute and relative grounds of refusal?

Accepted Answer

Absolute grounds (Section 9) concern the mark itself, for example, marks that are descriptive, non-distinctive or deceptive. Relative grounds (Section 11) concern conflicts with earlier identical or similar marks.

Question 14

Why are accepted marks published in the Trade Marks Journal?

Accepted Answer

Publication gives the public notice of the application and opens a four-month window in which third parties may oppose the mark before it proceeds to registration.

Question 15

What is the opposition procedure?

Accepted Answer

A third party files a notice of opposition; the applicant files a counter-statement; both sides file evidence; and a hearing may be held before the Registry decides whether the mark proceeds.

Question 16

What is infringement and what remedies are available?

Accepted Answer

Infringement is the unauthorised use of a registered mark, or a deceptively similar one, on similar goods or services. Remedies can include injunctions, damages or account of profits, and delivery-up of infringing goods; criminal remedies may also apply.

Question 17

What is passing off?

Accepted Answer

Passing off is a common-law remedy that protects the goodwill in an unregistered mark. It requires showing reputation in the mark, a misrepresentation likely to confuse, and resulting damage.

Question 18

Does India allow “intent to use” (proposed) applications?

Accepted Answer

Yes. You can file on a “proposed to be used” basis before you begin using the mark, which lets you secure priority ahead of launch.

Question 19

Are sound, shape and other non-conventional marks registrable in India?

Accepted Answer

Yes, if they are distinctive and can be represented, for example, sound marks submitted with notation, or non-functional product shapes. Smell marks are very difficult to register in practice.

Question 20

Can I protect my trademark in other countries?

Accepted Answer

Yes. You can file national applications in each country, or use the Madrid Protocol to file a single international application (through the Indian Registry) designating multiple member countries.

Frequently asked questions