Trademark & Brand
Protection Guide
From trademark search to registration certificate — protect your brand name, logo, and slogan before someone else does.
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Protection Guide
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What Actually
Protects Your Brand?
Most founders confuse trademark, copyright, and patent. Each protects something different. Here's the quick breakdown:
Complete Trademark
Filing Masterclass
- Trademark vs Copyright vs Patent — Side-by-side comparison: what each protects, duration, registration process, cost, and when you need which.
- Choosing the Right Trademark Classes — India has 45 Nice Classification classes. Filing in the wrong class = no protection. Class selection guide with industry examples (tech, food, fashion, services).
- Trademark Search — Before You File — How to search IP India's database, phonetically similar marks, deceptively similar logos. Avoid wasting ₹10,000+ on a doomed application.
- Filing Process Step by Step — TM-A application, Vienna codification for logos, POA (Power of Attorney), government fees (₹4,500 individual / ₹9,000 company).
- Examination & Section 11 Opposition — What happens after filing: absolute grounds refusal, relative grounds (similar marks), how to respond to examination report within 30 days.
- Publication in Trademark Journal — After acceptance, mark is published for 4-month opposition window. What opponents can file and how to defend your mark.
- Registration Certificate + Renewal — Certificate validity is 10 years from filing date. Renewal (TM-R) within 6 months before expiry. Importance of watching your mark after registration.
- International Trademark — Madrid Protocol — Extend protection to 130 countries via a single application. WIPO process, Indian basic application requirement, fees structure.
- Infringement Action — When someone copies your brand: cease & desist letter, IPAB complaint, district court injunction, police FIR (criminal action). Cost and timeline for each.
From Application to
Certificate
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Questions people ask
Short answers on Trademark Protection Guide. Tap a question to open it.
01What can be registered as a trademark in India?
Under the Trade Marks Act, 1999, the following can be registered as a trademark: words, logos, slogans, letters, numerals, shapes, packaging, combination of colours, sounds (sound marks), and even three-dimensional marks. The mark must be distinctive and capable of distinguishing the goods/services of one entity from another.
02What is the process for trademark registration in India?
The process involves: (1) conduct a trademark search on the IP India portal; (2) file application in Form TM-A on the IP India portal; (3) examiner issues examination report within 1 month; (4) applicant responds to objections; (5) mark is advertised in the Trademark Journal for 4 months for public opposition; (6) if no opposition, certificate is issued — total time 18-24 months.
03What is the difference between a TM symbol and the R symbol?
The TM symbol (™) indicates that the mark is claimed as a trademark but is not yet registered. It can be used from the date of application. The R symbol (®) indicates a registered trademark and can only be used after the Certificate of Registration is received. Using ® without registration is an offence.
04Can a trademark be registered in multiple classes?
Yes. India uses the NICE Classification system with 45 classes (34 for goods, 11 for services). A separate application and fee is required for each class. A multi-class application is allowed but each class is processed independently. Trademark protection applies only within the registered class(es).
05What happens if my trademark application is opposed?
If a third party opposes the trademark within 4 months of journal publication, they file Form TM-O. The applicant must file a counter-statement within 2 months, failing which the application is deemed abandoned. The matter proceeds to hearing before the Trademark Registry. If opposition fails, the mark proceeds to registration.
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Disclaimer: This tool gives indicative results for general guidance only and is not professional advice. Please verify with a qualified CA before acting on the numbers.