Trademark: meaning, registration process and term
A trademark is a name, logo or slogan that identifies a business's goods or services. Registration lasts 10 years and can be renewed.
Short answer
A trademark is a mark, such as a word, logo, slogan, shape, colour combination or sound, that distinguishes the goods or services of one business from those of others. In India, trademarks are registered under the Trade Marks Act, 1999 with the Trade Marks Registry. Registration lasts ten years, renewable indefinitely.
- Law
- Trade Marks Act, 1999
- Term
- 10 years, renewable indefinitely
- Official fee
- ₹4,500 per class (individuals, startups, small enterprises); ₹9,000 others, for e-filing
- Application
- Form TM-A
How registration works
The applicant files Form TM-A online for each relevant class, either on a proposed-to-be-used basis or with a claim of prior use. The Registry examines the application and may raise objections on absolute grounds, such as descriptiveness, or relative grounds, such as similarity to earlier marks. After the applicant responds, an accepted mark is advertised in the Trade Marks Journal. Third parties have four months from advertisement to file an opposition. If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Rights of a registered owner
Registration gives the owner the exclusive right to use the mark for the registered goods or services and to sue for infringement. Unregistered marks can still be protected through a passing off action, but that requires proving reputation and misrepresentation, which is harder. A registered mark can be licensed or assigned, and the registration certificate is accepted by marketplaces and platforms in brand protection programmes.
Why it matters for startups
Your brand name is one of your most valuable assets, and changing it after launch is costly. Search the Trade Marks Registry before finalising a name, file in all relevant classes as early as possible, and use the ™ symbol while the application is pending. Investors check trademark ownership in due diligence, so make sure the company, not a founder, owns the mark.
Related services
Sources
- Office of the Controller General of Patents, Designs and Trade Marks
- India Code: official repository of central Acts
Written by the Refogo Editorial Team from the official sources above and checked on 2026-10-31. Laws, rates and due dates change, and authorities often extend deadlines, so confirm your own case with a qualified professional. This is general information, not legal or tax advice. Read our editorial policy or report an error to support@refogo.com.
Common questions
How long does trademark registration take in India?
It depends on objections and oppositions. An unopposed application can take several months to over a year, so no timeline can be guaranteed.
Can I use a trademark before registration?
Yes. You can use the mark with the ™ symbol while the application is pending. The ® symbol is only for registered marks.
Who should own the trademark, the founder or the company?
Usually the company that uses the brand. If a founder filed it personally, assign it to the company before fundraising.