In India, law relating to Trademarks is governed by The Trademarks Act, 1999 and The Trademarks Rules, 2002. Now, after the last amendment, the law provides for the registration of services also.

A trade mark (popularly known as brand name is a visual symbol which may be a word, signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.

Legal requirements for registration of trademark


It should be capable of distinguishing the goods or services of one undertaking from those of others. It should be used or proposed to be used mark in relation to goods or services  for  the purpose of indicating or so as  to indicate a connection in the course of trade between the goods or services and some person have  the right to use the mark with or without identity of that person.

Selection of a trademark
  1. If it is a word it should be easy to speak, spell and remember.
  2. The best trademarks are invented words or coined words.
  3. Please avoid selection of a geographical name. No one can have monopoly right on it. 
  4. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
  5. It is advisable to conduct a market survey to ascertain if same/similar mark is used in market. 

What is the function of a Trademark?
  1. It identifies the goods/or services and its origin.
  2. It guarantees its unchanged quality.

Who can we apply for a Trademark and how?

Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application  should contain the trade mark, the goods/services, name and  address of applicant and agent (if any)  with power of attorney , period of use of the  mark and signature. The application should be in English or Hindi.  It should be filed at the appropriate office.

How to apply for a Trademark in respect of particular goods or services?

It is provided under the Trade Marks Act,1999 that goods and services are classified  according to the International Classification of goods and services. Currently schedule IV of the Act provides a summary of list of such goods and services falling in different classes  which is merely indicative. The Registrar is the final authority in the determination of the  class in which particular goods or services fall.    The Schedule IV of the Act is annexed at the end of this questionnaire on trade marks.  For detailed description of  other goods and services please refer to the International Classification published by WIPO or contact the local office for assistance.

What purpose the trade mark system serves ?  

1.     It identifies the actual physical origin of goods and services. 

2.     It guarantees the identity of the origin of goods and services.

3.     It serves as a badge of loyalty and affiliation.

What are the benefits of registering a Trademark?

The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country.  The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc.  Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate  against each other.

Can any correction be made in the  application or register?

Yes.  But the basic principle is that the trade mark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.   

DOCUMENTS NEEDED FOR SEARCH

WORD, LABEL, TICKED, BRAND FOR WHICH SEARCH IS REQUIRED.

 Registration of Trademarks-

 Search for the Name, Device, logo, Label intended to be applied as Trademark.

Apply for registration of Trademark.
  1. Examination of application by the department and issue of the examination report raising objections
  2. Different Sections of the Act or accepting the mark to be advertised. Replying to the official objections and ask for hearing if required.
  3. In hearing put up all evidence in support of trademark application.
  4. Getting the order for trademark to be advertised, the advertisement is done in the Official gazette called Trademark Journal and is available to any member of the public to oppose the application with in 4 months of the date of the publication.
  5. If no opposition is received or opposition is decided in favour of the applicant, a certificate of Registration is issued which is valid for ten years and after that renewable for every ten years on the payment of renewal fees.