Trademark Registration

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Trademark Registration


A trademark that is otherwise cited as “mark” can be explained as a unique indicator, symbol, graphic design, word, emblem, color combination, the shape of packaging, or signature, which has a legal recognition that distinguishes a product or service from its competitors. A trademark can be used either by an individual, firm, or business entity. Even smell and sound can be trademarked in some cases.

The Trademark Registration is exercised by “Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry”, Government of India and the process is governed by the “Trademark Act 1999”. The Trademark Registration is categorized under different classes that are selected by the applicant. Once the mark is registered the applicant will be allotted with TM number which allows to track your application and also be authorized to use the ™ symbol for the products registered under a particular class and on successful completion of Trademark Registration® symbol can be used for the product. And the Trademark Registration will be valid for 10 years which can be renewed thereafter. To ensure a unique and attractive trademark for a business, you must establish a connection between your product and the mark that easily catches the attention but different from other existing trademarks used by competitors.

eStartIndia is the best IPR services platform for services relating to Trademark Registration in India, offering a variety of registration services like Trademark Registration, Trademark Objection, Trademark Renewal, Trademark Assignment, Trademark Opposition and Trademark Rectification. 

eStartIndia will help you in Trademark Registration from the comfort of your home, offering you services that are very specialized and tailored for each individual.

Get a Free Consultation for Trademark Registration with Our Top Rated Experts with a simple registration.


EXCLUSIVE RIGHTS: - Ensures exclusive rights for the owner of Trademark to use the same trademark for all the products falling under the class(es) registered and avoid usages of the same mark by the adversaries.

STRONG LEGAL GUARD: - Extends legal protection from infringement of the owner’s rights from the deceptive use of the trademark by competitors.

BUILDS GOODWILL AND FAITH: - The mark will act as an indicator of the quality of the product as it has legal recognition.

UNIQUE IDENTITY: - It allows consumers to identify the product offered by the owner.

VALIDITY: - The registration assures protection of the mark for 10 years at a very low maintenance cost.

IMPROVES MARKETABILITY: - Trademark which is registered acts as an intangible asset to the organization which can be sold, franchised, or commercially contracted.

GLOBAL TRADEMARK REGISTRATION FILING: - Global Trademark Registration is another highlight of registering the trademark as the registration of the mark done in India can be used as a basis for registering the mark at any other country.



The applicant must produce proofs such as passport, Aadhaar card, driving license, voters ID or ration card.


Where the applicant is a corporate entity, then documents like Partnership Deed, Registration Certificate or Incorporation Certificate must be submitted.

3. FORM TM 48

Form TM 48 of the Trademarks Act 1999 is a form to authorize an agent/attorney to file an application for Trademark registration on behalf of the applicant. The form must be duly filled, dated and signed for submission by the applicant.


The logo to be trademarked which is designed by the applicant must be submitted most preferably in black and white format. But in case the application trademark is made only for a word the logo submission is not mandatory. The applicant must be vigilant in ensuring that the words mentioned in the application must match with the words contained in the logo.


When a claim of prior usage is made in the application, the submission of user affidavit is made mandatory.


An individual, firm, or business entity is eligible to apply for registration. The person applying for the Trademark Registration must be the proprietor of the goods and services provided. And the registration shall be done at the Trademark Registry located within the jurisdiction of the principal office of the proprietor and at a situation where the principal office is located outside India then the application shall be filed in the jurisdiction where the services are provided in India.


By considering the following points you can create an eye-catching unique trademark that can serve the purpose of Trademark Registration.

  • The mark should be capable of being expressed graphically i.e in the paper form.

  • It must be distinguishable from those marks used by the owners of similar goods and services.

  • The mark should indicate a connection with goods and services involved in the trade or business.

  • It should not deceive the public or cause confusion, hurt religious sentiments, be scandalous and obscene or be prohibited under Emblems & Names (Prevention of Improper Use) Act 1950.

Registration Process


eStartIndia will help you in Trademark Registration from the comfort of your home, offering you services that are very specialized and tailored for each individual.

Get a Free Consultation for Trademark Registration with Our Top Rated Experts with a simple registration.

In this era of advanced technologies, the registration of a trademark can be done both online and offline and is dealt with under Chapter III of the Trademark Act 1999. The process of registering the trademark has become less tedious when done through online following the steps listed down:-

  • TRADEMARK SEARCH:- A trademark search will be conducted by eStartIndia to check whether your selected mark is available and in case of unavailability, we will assist you in creating a distinctive mark that is accessible.

  • SELECTION OF CLASS:-The trademark registry has classified the goods and services under 45 classes and the applicant must select a class under which its products/service shall fall in order to register the trademark.

  • PREPARATION OF APPLICATION:- Registration can be done by filling the application for Trademark Registration which shall contain the details regarding all relevant details of your business, logo, name, slogan, etc. under which you are intending to register the trademark. eStartIndia will prepare your application with the assistance of the information and documents submitted.

  • FILING OF APPLICATION: - Once the application is prepared and signed, eStartIndia will file the application before the Trademark Registrar. Then the applicant will be awarded the TM number that will allow the applicant to track their application and use the ™ symbol for your products.

  • VIENNA CODIFICATION: - The next step is to affix the Vienna classification to adhere to the provisions of the Vienna Agreement 1973. And the application status at this stage will be reflected as “sent for Vienna codification”.

  • EXAMINATION AND APPEAL: - After the completion of Vienna codification the application will be examined by the Trademark Officer, where the officer has the discretion to object or accept the application. In case the application is rejected the applicant has the right to file his objections before the officer and in case of further dissatisfaction, the applicant can approach the Intellectual Property Appellate Board. The assistance for filing an objection and other related procedures is also offered by eStartIndia.

  • PUBLISHING OF APPLICATION:- The application is accepted by the officer becomes eligible to be published in the Trademark Journal where it acts as an advertisement for the public to raise an objection against the said Trademark Registration within 90 days from the date of such publishing. And in case of genuine objections raised within the said period, the matter will be put to hearing before the Trademark Hearing Officer.

  • REGISTRATION CERTIFICATE: - When no objections are raised or if the objections are raised didn’t stand after hearing then a Trademark manuscript and Trademark Registration certificate will be sent to the applicant that shall grant the applicant with the exclusive rights of trademark ownership.

eStartIndia will be informing you of the status of the application at every stage of the process. The applicant shall only provide the information and documents, the further processing will be done by us.



1499 /-

    Price- 1,499+ Govt Fees.

    Package Includes:

    • Free Trademark Name Search & Approval for one class
    • Free Expert Support
    • Application Preparation
    • Same Day Application Filing


(Professional Fees)


1999 /-

    Price- 1,999+ Govt. Fees.

    Package Includes:

    • Free Trademark Name Search & Approval for one class
    • Free Expert Support
    • Application Preparation
    • Same Day Application Filing


(Professional Fees)


3999 /-

    Package Includes:

    • Free Trademark Name Search & Approval for one class
    • Free Expert Support
    • Application Preparation
    • Same Day Application Filing
    • GST Registration


(Professional Fees)


What all can be registered as Trademark?

A mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include name, label, symbols, designs, signature, emblems, shape of goods, their packaging and combination of colours.

What invalidates a trademark registration ?

Section 9(2), 9(3) and 11 of Trademarks Act 1999 prescribes any mark which is similar or identical to any mark already registered or kept for registration, deceptive, hurtful to religious sentiments, cause confusion, against public morality or against any existing law cannot be registered.

How to identify the class for registration of trademark ?

The trademark registry has prescribed 45 classes that represents different sets of goods and services. The applicant can identify the class from the available list and the chosen class must be mentioned in the application.

Can on trademark be used for all the goods and services offered ?

The same trademark can be used for all the goods and services that fall under the chosen class. If any product falls under different class then the owner must register the trademark separately prescribing the class under which the product fall.

Will the trademark registered in India be valid globally ?

The registration shall not be valid globally but the registration done in India can be made as a basis for registering the trademark with any other country.

Can a foreign entity apply for TM Registration in India ?

A foreign entity can file an application for registration subject to the condition that an address for communication in India must be provided.

Can a registered trademark be removed from register ?

A registered trademark can be removed by applying to the Registrar on the ground that the mark is wrongly represented or the Registrar can
suo moto issue notice, conduct hearing and then remove the trademark from register.

Who can file trademark application ?

The owner/ proprietor or an authorised representative of the owner can file the application for registering trademark. And the applicant can be a business entity, company, NGO or individual.

What is the estimated duration for the completion of registration process ?

Chapter III of the Trademarks Act, 1999 prescribes for procedure and duration of registration. Generally the process shall take 6 to 24 months.

What is the different between TM mark and ® mark ?

TM mark is a temporary mark that can be used by the applicant till the registration is completed after filing of the application and TM number can be used to track the application. ® Symbol on the other hand can be used only after registration.

What is the validly of a registered Trademark ?

The validity of Trademark is 10 years from the date of filing the application with registrar. The owner of trademark can apply for renewal of the trademark prior to the expiry of the validity.

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