Introduction
For small businesses, their brand name and/or logo is the most valuable asset. After all, it's what customers remember you by.
Therefore, building a strong brand identity is crucial — and trademark registration is one of the most effective ways to protect it. Yet, many entrepreneurs overlook trademark registration, leaving their brand identity vulnerable. The good news? Registering a trademark in India isn't rocket science — though it sometimes feels like it.
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Step-by-Step Process for Trademark Registration for Small Businesses
Choose your trademark wisely
Think distinctive — not descriptive. Your trademark should stand out, not just describe what you do. For example, "Super Tasty Cakes" tells people what you sell, but it doesn't make your brand memorable. Instead, aim for something original and creative — like how Kodak, Google or Pepsi don't directly describe food or shopping, yet everyone remembers them.
Conduct a search
Before filing, run a search on the Indian Trade Marks Registry website to check if your chosen trademark is already taken. Your trademark attorney may also conduct a search through internet search portals, that may disclose, as much as is possible, other parties using the same or close variants of the trademark you propose to adopt.
File the application
You can file your application online through the Registry's online portal, or physically at the Trade Marks Registry ("Registry"). India has five offices — in Delhi, Mumbai, Chennai, Kolkata, and Ahmedabad — each handling applications based on territorial jurisdiction. You'll need to provide details like the applicant's name, address, logo, date of first use (if any), and the class of goods/services.
Examination Report
Once the application is filed, the Registry examines the application and may raise objections on absolute and/ or relative grounds of refusal. Once the Examination report is officially served upon the Applicant, a time period of one month is provided to file a response.
Advertisement in the Trade Marks Journal
Once the mark is accepted after examination/ hearing, the mark is advertised for a period of four months in the Trademarks Journal, for third party opposition.
Registration & renewal
If no oppositions are lodged during the advertisement period, a registration certificate will be issued for the trademark. The registration is valid for up to 10 years and can be renewed every 10 years, indefinitely. Yes, your brand can technically outlive you!
Registering a trademark helps build customer trust, safeguards your brand from misuse, and strengthens its value. It also grants you exclusive rights and legal protection against infringement. A small investment of time and effort today can secure lasting benefits for your business.
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.
