India: How To Register A Trade Mark

Last Updated: 21 November 2017
Article by N. Mahabir and Prakash C. Arya
  1. As part of due diligence, online platforms require vendors on their portal to provide particulars of trade mark registration or application.  The Bureau of Indian Standards (BIS) also requires applicants to provide particulars of trade mark registration or application.  In order to register an Intellectual Property Right before the Customs Office to prevent import of unauthorized work, a registered trademark is essential.  As laws and systems evolve, it is possible that a registered trade mark may become mandatory to carry on trade akin to other trade licenses.  In future it cannot be ruled out that a registered trade mark may trump a common law user.  Therefore, it is prudent to apply for trade mark registration prior to commencing business.
  1. The question is what can be registered as a trade mark. Large number of features which are indicates a trade origin can be registered as a trade mark.  Some of them could include:
    1. Word Mark: These are marks which are words per se like TATA, HONDA, PEPSI. The word can be typed in the online application.
    2. Device Mark:  These are marks which have a logo only or have a combination of a word and a logo or any artistic feature.  Eg. The Honda and the H logo.  A .jpg file has to be uploaded for filing online.
    3. Shape of goods:  These are shape of goods which are not functional or arise on account of nature of goods themselves.  Eg. A Toblerone bar. A .jpg file has to be uploaded with the shape.
    4. Packaging:  The packaging of a product is registrable as a trade mark.  Eg. The wrapper of a biscuit packet. A .jpg file has to be uploaded.
    5. Sound Marks:  These are sounds which identify a product like a marketing tune.  Eg. Airtel jingle tune. The notes have to be uploaded in mp3 format
    6. Three Dimensional marks:  These are marks which show a product is a three-dimensional feature. A .jpg file has to be uploaded.
  1. It is important that complete and correct information is filed so that the application is processed faster.  The application requires few information to be filed along with the application:
    1. Name and address of the Applicant;
    2. Legal Status of the Applicant i.e. whether the applicant is natural person, Company etc.  If the Applicant claims to be a start-up (registered with the Government of India as a start-up), the certificate has to be filed.
    3. Description of goods and services to be filled in along with identification of the class as per the Nice Classification. 
    4. The nature of applicant determines the official fee for the application. 
    5. The first date of user of the trade mark in India is to be mentioned. If the mark is not used, it can be filed on a Proposed to be Used basis.  However, if prior use of the mark is claimed, then an affidavit along with supporting documents are to be filed.
  1. The government fees for filing a trade mark application for a natural person and start up is half of that of an artificial person like a Company.  In order to encourage online filing, law provides for a 10 % discount for online filing vis-à-vis paper filing at Trade Mark office.
  1. After filing of the application, it is examined by the Registrar of Trade Marks.  Presently, the Trade mark office appears to be conducting a formal evaluation of the application to verify the formal particulars as well as detailed evaluation of the application.
  1. At the formal evaluation, the formal compliances are checked.  For example:  whether the authorization from the applicant is filed, goods or services fall in the claimed class or not, whether user affidavit has been filed as per the claim, applicant's identification and particulars are correct or nor, any column which ought to have been filed while filing the application has been left out or not. Considering that applications are filed online by applicants directly, it makes sense to have a formal evaluation so that minor defects can be cured at the early stage itself.
  1. At the detailed evaluation, the applied mark is compared with prior filed or prior registered trademark under Section 11.  The application is also evaluated under Section 9 of Trade Marks Act for evaluation on the registrablity of the trade mark for lack of distinctiveness.  It is also verified whether the mark is barred under Section 13 for being an International Non-Proprietary Name (INN) or barred by the Emblems and Names Act (Prevention of Improper Use) Act, 1950.
  1. The applicant is given an opportunity to file a written response to the examination report / office objection.  If the Registrar is satisfied with the written response, the application is accepted for advertisement.  If the Registrar has any objection, generally, an opportunity of hearing is given.  If the Registrar is not convinced that the mark is registrable, it is rejected at the hearing. 
  1. The next stage is advertisement of Trade Mark in the Trade Mark Journal for intimation of general public.  It is open for opposition for a period of 4 months from the date of advertisement.  If there is no opposition, the mark is registered, and registration certificate issued within few weeks thereafter.  If the mark is opposed, then it takes a de tour and the registration depends on the outcome of the opposition proceedings.  Considering the abundance of online data and weekly publication of Trade Mark Journal, it is time to reduce this period.
  1. A registered trade mark is valid for 10 years from the date of application.  It can be renewed anytime within 12 months of due date of renewal.  The Trade Mark office is completing the entire process within 8 to 10 months in some cases which are straight forward cases of registration.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
R. K. Dewan & Co
R. K. Dewan & Co
In association with
Practice Guides
by Mondaq Advice Centres
Relevancy Powered by MondaqAI
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
R. K. Dewan & Co
R. K. Dewan & Co
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions