A Step-by-Step Guide for First-Time Founders
Starting a brand is exciting, the name, the logo, the whole vibe. But what if someone else claims it’s theirs? That’s where trademark registration comes in. It’s your legal right over your brand’s identity.
If you’re new to this, don’t worry. Here’s a simple, step-by-step breakdown to help you register your trademark in India.
Step 1: Pick a Unique Name or Logo
Before anything, make sure your brand name, logo, tagline, or symbol is distinctive and not already in use. If it’s too similar to an existing trademark, your application might get rejected.
You can do a quick check using the IP India Public Search Tool to see if someone’s already using it.
Step 2: Identify the Right Trademark Class
India follows a classification system where goods and services are divided into 45 classes. You’ll have to apply under the class that matches your business type.
For example:
– Class 25: Clothing
– Class 35: Advertising & Business Services
– Class 41: Education & Training Services
You can apply under multiple classes if needed.
Step 3: File the Trademark Application
You can file it in two ways:
– Online via the IP India website
– Offline by submitting it physically to the Trademark Office
You’ll need:
– Your business details
– A soft copy of your logo (if any)
– Details of the trademark
– Power of Attorney (if applying through an agent)
Fees:
– Rs. 4,500 for individuals/startups
– Rs. 9,000 for companies
Step 4: Examination by the Trademark Office
Once submitted, a trademark officer reviews your application. They may approve it or raise objections if they find issues — like similarity to an existing trademark or descriptive terms.
If objections come up, don’t panic. You’ll get a chance to respond or appear for a hearing.
Step 5: Publication in the Trademark Journal
If all’s good, your trademark gets published in the official Trademark Journal. This is a public notice that gives anyone 4 months to oppose your claim.
If no one objects — you’re almost done!
Step 6: Registration Certificate
If there’s no opposition (or if you win the case), you’ll receive your trademark registration certificate. Congrats, your brand is now legally protected!
How Long Does It Take?
The entire process can take 6 to 18 months, depending on objections or oppositions. But the moment you apply, you can use the ™ symbol next to your brand.
Once registered, you get the ® symbol and 10 years of protection, which is renewable.
Why You Shouldn’t Delay
In today’s digital world, brands grow fast — and copycats move faster. Registering your trademark early helps you:
– Avoid legal troubles
– Build trust with customers
– Secure brand recognition for the long term
Final Thoughts
You don’t need to be a lawyer to get your trademark registered, just a little patience and the right guidance. And if it still feels overwhelming, you can always hire a trademark attorney to help you through it.
For better consultancies, contact Startbharat.
