How to Obtain a Trademark: A Step-by-Step Guide

How to Obtain a Trademark: A Step-by-Step Guide

A. Introduction 

In today's competitive commercial world, establishing a unique identity is critical. Whether you are launching a startup, managing a brand, or expanding a franchise, protecting your business identity is essential. One of the most effective ways to safeguard your brand is through trademark registration. A trademark not only distinguishes your goods or services from others in the market but also creates legal rights that can be enforced against misuse or infringement.

This article outlines the systematic process of obtaining a trademark, particularly with reference to Indian law, though the general steps apply globally with minor jurisdictional variations.

B. What is a Trademark?

A trademark is a recognizable sign, symbol, word, logo, design, or expression that identifies and distinguishes the source of goods or services. Common examples include brand names like Nike, logos like the Apple icon, and taglines such as “Just Do It.”

In India, trademarks are governed by the Trade Marks Act, 1999, and the registration process is administered by the Office of the Controller General of Patents, Designs, and TradeMarks.

C. Step-by-Step Process of Trademark Registration

1. Identify the Mark

The first step is to decide what you want to trademark. This could be:

A word mark (e.g., brand name)

A logo or device mark

A tagline or slogan

A combination of the above

Ensure the mark is distinctive and not generic or descriptive.

2. Conduct a Trademark Search

Before filing, conduct a thorough search to ensure that the proposed mark is not identical or deceptively similar to an existing registered or applied mark.

You can perform this search online using the IP India public search portal:

 https://ipindia.gov.in

This step helps avoid future objections or legal disputes.

3. Determine the Appropriate Class

Trademarks are categorized into 45 different classes based on the nature of goods or services. For instance:

Class 9: Software and electronics

Class 35: Advertising and business services

Class 43: Hospitality and food services

Etc. 

You must select the correct class or classes relevant to your business. If your business covers multiple categories, multi-class applications may be filed.

4. Prepare and File the Application

a. Applications can be filed either:

Offline at a Trademark Registry Office, or

Online via the IP India portal.

b. You will need the following:

Applicant’s name and address

A clear representation of the mark

List of goods/services

Power of Attorney (if filed through an agent)

MSME/Startup certificate (if claiming discounted fee)

Upon submission, an application number is generated, and you may start using the ™ symbol with your brand.

5. Examination by Trademark Office

The Registrar examines the application on three grounds:

Absolute grounds (is the mark inherently distinctive?)

Relative grounds (does it conflict with an existing mark?)

Formal compliance

If objections are raised, an examination report is issued. You must respond within one month, justifying why the mark should be accepted.

6. Publication in Trademark Journal

If the mark passes the examination stage, it is published in the Trademark Journal for a period of four months. This allows third parties an opportunity to oppose the registration.

7. Opposition (if any)

If no opposition is filed, or if an opposition is decided in your favor, the application proceeds to registration. If an opposition is successful, the registration may be refused.

8. Registration and Use of ® Symbol

Once approved, the mark is registered and a Registration Certificate is issued. The trademark is valid for ten years and can be renewed indefinitely in ten-year intervals.

Upon registration, the ® symbol may be used, signifying legal protection.

D. Conclusion

Securing a trademark is a crucial step in building a strong and protected brand identity. While the registration process involves several technical and legal nuances, careful preparation and timely follow-up can ensure a smooth outcome. Businesses are encouraged to seek professional advice from trademark attorneys or agents to avoid errors and enhance the chances of successful registration.

By investing in a trademark, you are not just protecting a symbol—you are securing your brand's reputation and future in the marketplace.

Thank you for reading.

Advocate Ranjitsinh Sureshrao Ghatge 🦅 

1320

22/02/14234

12/05/2025