How Do I Register My Brand Name or Logo as a Trademark in India?

A brand name or logo is not just a creative expression; it is the face of a business, a key driver of consumer loyalty, and a mark of reputation. Legally, it is referred to as a trademark—a symbol that helps distinguish the goods and services of one enterprise from those of another. In this intense age of intense competition and digital proliferation, trademark infringement has become an increasingly common phenomenon. This makes registration not just a formality but a strategic necessity. India is a signatory to the Paris Convention for the Protection of Industrial Property (1883) and the TRIPS Agreement (1995) and aligns its trademark regime with international standards. The Trademarks Act, 1999, a governing legislation, provides a comprehensive framework for trademark registration, enforcement, and dispute resolution.

Evolution of Trademark Law in India

India's very first trademark legislation came into force in 1940, which was influenced by the British Trademarks Act of 1938, which was later replaced by the Trade and Merchandise Marks Act, 1958, which was eventually overhauled to create the current Trademarks Act, 1999, to align with provisions of the TRIPS Agreement and introduce well-known concepts of marks and services.

Section 2(zb) of the 1999 Act defines a trademark as “a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others.”

Section 18(1) provides that any person claiming to be the proprietor of a trademark used or proposed to be used by him may apply for registration.

Trademark Protection’s Importance

The FICCI-IPR Report 2022 highlighted that around 85% of business value in knowledge economies is derived from intangible assets, which often includes brand goodwill. Trademarks are critically important for making a brand recognizable, safeguarding its consumer interests, and providing business leverage for franchising, licensing, and valuation.

• Safeguarding consumer trust and

• Providing business leverage for franchising, licensing, and valuation.

• The Economic Survey of 2022–23 provided that there has been a surge in IPR filings, a large portion of which comes from startups, which suggests that there is increased awareness of IP protection in the market.

Step-by-Step Process of Trademark Registration

1. Conduct a trademark search using the official portal:

   https://ipindia.gov.in/tmrpublicsearch. It helps in knowing how unique Ur trademark is and in avoiding conflict with already registered or pending marks.

2. Nice Classification system, popularly used in India for categorizing goods and services into 45 classes:

   Classes 1–34: Defines various kinds of Goods, and Classes 35–45: Defines various kinds of Services

   A correct classification ensures the protection is industry-specific and choose multiple if the business spans across various sectors.

   Example: As clothing comes in class 25, so a fashion brand dealing in clothes would file under class 25.

   3. File the Application (Form TM-A)

   Either manually at a Trademark Registry or online via the IP India portal, applications can be filed, and the application should include-

• Name and logo to be trademarked.
  Details of the applicant,
  Class of Trademark
  Date when it was first used (if applicable),
  Power of attorney (if filed through an agent).

  4. Examination and Objections

  After filing, the application is sent to the registrar for evaluation purposes, and the evaluation is done under sections 9 and 11 of the acts, and if an objection arises, then an examination report is issued by the registrar and sent to the applicant. The applicant has to respond within 30 days. And then a show-cause hearing may be conducted if the registrar is not satisfied with the written reply.

  5. Publication in Trademark Journal

  Once the application is approved, the mark is published in the Trademark Journal for the knowledge of the general public or public scrutiny and is open for opposition by any third party within four months under Section 21 of the act.

  And if no opposition arises, or if a decision comes in the applicant’s favor after the registration application, it further moves towards registration.

  6. Registration and Validity

  Once registration is done, a registered certificate is issued, which grants exclusive rights to the company for the upcoming 10 years, which can be renewed after 10 years.

Remedies for Trademark Infringement

For trademark infringement, there exist two kinds of remedies: civil and criminal. What are civil remedies under Section 135? It can be a temporary or permanent injunction, damages or account of profits, or delivery or destruction of infringing goods, and criminal remedies are provided under Section 103 of the Trademark Act. Punishment can be imprisonment for up to 3 years and a fine of up to ₹2 lakhs.

Recent Trends and Case Law

As per the CGPDTM Annual Report 2022-23, the total registrations filed were 3.33 lakhs, out of which 2.5 lakh registrations were granted, and 92% of filings were done online. India has also seen a rapid increase in applications by startups, supported by reduced fees under the Startup India Action Plan.

Landmark Case: Yahoo Inc. v. Akash Arora (1999)

In this case, the Delhi High Court maintained that using a deceptively similar domain name, "YahooIndia.com," also amounts to passing off, even though "Yahoo" was not yet registered as a trademark in India. The court granted a decision in favor of Yahoo Inc., and the court reasoned that even though Yahoo is not yet registered, well-known brands are entitled to protection based on their reputation and goodwill.

International Registration: Madrid Protocol

The Madrid Protocol allows registration of trademarks internationally through a single application filed via the WIPO portal, and being a signatory to this convention is entitled to such benefits. This is a very cost-effective and less time-consuming route for businesses that are aiming to expand globally.

Challenges

While automation has improved timelines, delayed proceedings are still a big issue, and some cases face very long delays.

Due to a lack of strict guidelines for opposition filings, it can stall registrations.

Despite various legal remedies being available for businesses, enforcement remains a big issue against counterfeiters and remains weak in rural and informal markets.

Way Forward

Opposition timelines should be streamlined for effective and timely work.

Public awareness, especially among startups and MSMEs, should be enhanced, and digital infrastructure should be strengthened for faster resolution of objections.

Inter-agency coordination for cross-border trademark enforcement should be improved.

In Conclusion, not just a bureaucratic procedure; trademark registration is a proactive strategy to protect a brand’s identity, value, and trustworthiness in the market. From getting legal ownership to commercial leverage, a registered trademark has multiple benefits. In India’s growing digital economy, where IP theft and brand copying are common phenomena, protecting your logo or brand name through proper registration is not optional—it is essential.