Overview
Trademark registration grants the owner the exclusive right to use a mark for the registered goods or services and to take infringement action. In India, applications are filed online in Form TM-A with the Trade Marks Registry, under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. A registration is valid for 10 years from the date of application and can be renewed indefinitely.
What Is Trademark Registration?
A trademark is any sign that distinguishes one business’s goods or services from another’s. It can be a word, logo, slogan, shape, colour combination or sound. Applications are classified under the Nice Classification (45 classes), and the applicant must specify every class that is relevant.
Who Needs This Service?
This service is relevant to startups, companies, LLPs, proprietors and individuals who use or intend to use a brand, whether on products, services, domains, apps or packaging. It is also needed before licensing or franchising a brand.
Trademark Registration in Chennai / Tamil Nadu
Applicants whose principal place of business is in Tamil Nadu (and other southern states and UTs) fall under the Trade Marks Registry, Chennai branch, which is the appropriate office. Filing is online throughout India, but hearings and jurisdictional matters are linked to the appropriate office. Appeals and rectification are heard by the Madras High Court.
Benefits
Registration gives exclusive statutory rights, the right to use the ® symbol, a stronger position in infringement actions, an asset that can be assigned and licensed, and a basis for international filing through the Madrid Protocol.
™, ℠ and ® Compared
The symbols look similar but carry different legal meaning.
| Symbol | Meaning | When it may be used |
|---|---|---|
| ™ | A claim to a trademark | Any time, with or without an application |
| ℠ | A claim to a service mark | Any time, with or without an application |
| ® | A registered trademark | Only after registration is granted |
Eligibility and Requirements
- The mark must be distinctive and must not be descriptive, deceptive or identical or similar to an earlier mark for similar goods or services (Sections 9 and 11).
- The applicant must identify the classes and describe the goods or services.
- The applicant must state either the date of first use or that the mark is “proposed to be used”.
Documents Required
Provide the applicant’s name, address and legal status; a representation of the mark (logo in JPEG); the classes and specification; a user affidavit and evidence where prior use is claimed; Form TM-48 (authorisation) where an agent files; and a Udyam or startup certificate to claim the reduced fee.
Application Process
Representation before the Registry is by the applicant, a registered trade marks agent or an advocate. [CLIENT TO CONFIRM how KVA handles filings.]
- Conduct a public search of the Trade Marks Registry database for conflicting marks.
- File Form TM-A online and obtain the application number. The ™ symbol can then be used.
- The Registry examines the application and issues an examination report where it has objections.
- File a reply to the examination report within the time allowed. A hearing may follow.
- Once accepted, the mark is advertised in the Trade Marks Journal for opposition for four months.
- If there is no opposition, or the opposition is decided in the applicant’s favour, the mark is registered and a certificate is issued.
- Renew every 10 years in Form TM-R.
Opposition, Rectification and Infringement Compared
These remedies arise at different points in the life of a mark.
| Remedy | When it is used | Forum |
|---|---|---|
| Opposition | After the mark is published and before registration | Trade Marks Registry |
| Rectification | After registration, to remove or correct an entry | Registry, with appeal to the High Court |
| Infringement action | When a registered mark is used without permission | Competent civil court |
| Passing off | When an unregistered mark is misused | Competent civil court |
How KVA Handles Trademark Registration
Karthick Vijayakumar & Associates, Company Secretaries, supports you through each stage with a single point of contact and a clear record of what has been done.
| Step | Stage | What KVA does |
|---|---|---|
| 1 | Requirement review | We understand your entity, objective and timeline, and confirm what Trademark Registration involves for your specific facts. |
| 2 | Document checklist | You receive a clear list of documents, particulars and approvals needed, with gaps flagged early. |
| 3 | Preparation and filing | Our team prepares, reviews and files the required forms and records, and tracks each acknowledgement. |
| 4 | Completion and follow-up | We hand over final records and explain the compliance that follows, so nothing is missed afterwards. |
Fees and Charges
- Official fee per class (e-filing): ₹4,500 for individuals, startups and small enterprises, and ₹9,000 for others.
- Additional official fees: Payable for opposition, renewal and other requests.
- Professional fees: Available on enquiry.
Processing Time
If there are no objections or opposition, registration can take roughly 8–18 months, and longer if contested. Timelines depend entirely on the Registry.
Why Karthick Vijayakumar & Associates
Work is handled by company secretaries who deal with statutory filings and governance every day.
Timelines for Trademark Registration are tracked so that approvals and filings do not slip.
Plain-language updates at each stage, with no guesswork about what is pending.
Organised, decision-ready documentation that supports audits, banks and future filings.
Frequently Asked Questions
For 10 years from the date of application. It can be renewed every 10 years without limit.
No. The ® symbol can be used only after registration. ™ can be used once the application is filed.
₹4,500 per class for individuals, startups and small enterprises filing online, and ₹9,000 per class for others.
A single multi-class application is allowed, but fees are charged per class.
It is the Registry’s objection report, for example on distinctiveness or on conflict with earlier marks. A reply must be filed within the prescribed time, or the application may be abandoned.
After advertisement in the Trade Marks Journal, any person can oppose the mark within four months. Both sides then file pleadings and evidence before the matter is decided.
Yes, if it is distinctive and does not conflict with earlier marks.
Yes. Assignments should be recorded with the Registry, and licences can be recorded as registered user agreements.
The mark is removed from the register. Restoration is possible within the prescribed period on payment of additional fees.
Yes. A mark that is not used for a continuous period of five years and three months can be removed on an application by an aggrieved person.
No. Protection abroad requires national filings or a Madrid Protocol application based on the Indian application or registration.
It is a mark that the Registry or a court recognises as having wide public recognition. Such marks receive protection across all classes.
Yes. Individuals are eligible for the reduced fee.
Yes. They need an address for service in India, which is usually their agent’s address.
Trademarks are governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, administered by the Trade Marks Registry.
A word, logo, device, slogan, shape of goods, packaging or combination of colours capable of distinguishing one trader’s goods or services can be registered.
Marks that are devoid of distinctive character, purely descriptive, generic, deceptive, offensive or identical to existing marks cannot generally be registered.
It is the international system that groups goods into classes 1–34 and services into classes 35–45. The application must name the correct class for the goods or services.
From filing to registration, the process generally takes a number of months if there is no objection or opposition, and longer if the mark faces objections or hearings.
The ™ symbol can be used by anyone claiming a mark, even before filing. The ® symbol may only be used once the mark has been registered.
Planning to Register Your Trademark?
Contact Karthick Vijayakumar & Associates to discuss your mark, the relevant classes and the application requirements.
Contact UsSpeak with Karthick Vijayakumar & Associates
Third Floor, New No. 599, Old No. 230, Konnur High Road, Ayanavaram, Chennai, Tamil Nadu, 600023, India
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