What a trademark protects
A trademark is a sign that sets your goods apart from everyone else's. For a store, that is usually the brand name, the logo, or both. IP India lists word marks, logos, shapes, colour combinations and sounds as marks you can register. A registered mark stays valid for 10 years and can be renewed every 10 years after that. Owning the domain or the Instagram handle is not the same thing. Registration is what gives you a mark you can enforce.
Search before you file
Search first, because a clash can sink the application and waste the fee. IP India offers a public trademark search on its website. Check the exact name, similar spellings and names that sound alike, in the classes you plan to use. Search marketplaces and social media too. A name that is generic, or close to an existing brand, is likely to face objections.
Choosing classes
Trademarks are registered by class, and there are 45 in all. Classes 1 to 34 cover goods, and classes 35 to 45 cover services. A clothing brand files in the class for clothing, and a tea brand in the class for tea. The fee is charged per class, so start with the classes you will actually sell in. Add more as you grow. IP India links a classification search tool to help you find the right class.
Filing and fees
You file Form TM-A on the IP India e-filing portal, for one class or several. The official fee for e-filing is ₹4,500 per class for an individual, startup or small enterprise. For everyone else it is ₹9,000 per class. Filing on paper costs more. You will need your details, the mark, and a description of your goods. If you already use the name, a user affidavit may be needed, so keep proof of when you started. A trademark agent or lawyer can file for you for a fee.
The trademark process, step by step
- Search the IP India database for your name and anything that looks or sounds similar.
- Pick the classes that match the goods or services you sell.
- File Form TM-A online and pay the fee for each class.
- Wait for examination, and reply to any objection in the examination report.
- Once accepted, the mark is published in the Trade Marks Journal for a 4-month opposition window.
- If no one opposes, or an opposition fails, the mark is registered.
What happens after filing
You can track your application online. It goes through a formality check first, then a detailed examination. If the examiner raises objections, you reply in writing, and a hearing may follow. Once accepted, the mark is published in the Trade Marks Journal. Anyone can oppose it during the 4 months after it appears there. If nobody does, or you win the opposition, the mark is registered.
Using TM and ®
Use ® only after your mark is registered. Section 107 of the Trade Marks Act makes it an offence to present an unregistered mark as registered. The penalty is up to three years in prison, a fine, or both. The ® symbol counts as that claim. TM makes no claim of registration, so it is the safe choice while you wait. Use your brand name the same way everywhere. On The Storemate, you set your logo and favicon in the theme, so every page shows the same mark. For objections or disputes, check with a trademark lawyer.