Who Grants Trademark In India?


Trademarks have certainly emerged as one of the most valuable forms of intellectual property in India. This is because a trademark provides a unique brand identity, ultimately helping brand building.

A trademark registration establishes ownership of a brand, its name and logo in the market. Moreover, it safeguards your brand from unlawful third-party use. Registering a trademark with the trademark registry of India establishes that the product is entirely yours and provides the owner with exclusive authority to use, sell, and change the brand or items in any way they see fit.

To fulfill the skyrocketing trademark registration needs and bring a sense of uniformity to the trademark scenario in the Indian landscape. The Trademarks Act of 1999 made the trademark registration process comparatively easier and short by fastening up the entire procedure.

Who Grants Trademarks in India?

Under the Trademarks Act of 1999, the Controller General of Patents, Designs and Trademarks grants the protection under trademark registration in India. The Controller General of Patents department falls under the Ministry of Industry and Commerce, Government of India that deals with all the Intellectual property matters.

This protection is available against trademark infringement and dilution. So if your brand’s logo or trademark is at risk and can be misused by some other companies, then registering a trademark is the best decision. Registering your trademark will give your company the right to sue any infringer (be it an individual or an entity) illegally using your company’s trademark.

A registered trademark is an intangible asset or intellectual property of the business, which helps it to build a positive brand image and enhance its reputation among its customers.

The administration of such protection under the Act is done by the Controller General of Patents, Designs and Trademarks. Under the Trademarks Act, 1999:

  • Service marks can be registered. 
  • Trademark registration under various classes is allowed. 
  • The lifetime of a trademark after registration is increased to ten years.
  • The concept of well-known trademarks was recognized.

Later on, the Indian judiciary also extended the trademark law to domain names (Tata Sons Ltd. v. Manu Kosuri & Ors, [90 (2001) DLT 659] and Yahoo Inc. v. Akash Arora [1999 PTC 201]).

What Are The Documents Needed For Trademark Registration in India?

  • Complete details about the logo/word/slogan/phrase/sound/smell or any other form of mark you want to register.
  • Complete information about the trademark owner along with name and address. If the trademark is needed for an entity or organization, complete details of every company member will be needed.
  • The authorization form (TM-48)
  • The date of the first usage of the trademark (unregistered)
  • Trademark registration fee
Application Filing Fee For Trademark Registration (Under One Class) in IndiaPhysical Filinge-filing                           
For MSMEs and StartupsINR 5000/-INR 4,500/-
For CompaniesINR 10,000/-INR 9,000/-
Trademark Registration Fees In India

Benefits of Registered Trademark in India

You must have always heard that having a trademark allows you to build your brand and make a unique identity. But the benefits of a trademark are not limited to brand building; it goes much beyond that.

Here are the key benefits of registering a trademark in India:

  1. Communicate With Your Customers

A graphic logo helps you to narrate your brand’s story much better and connect with a wider customer base in an effective way.

  • High Customer Retention

Once the customers start recognizing your brand by its trademark, there is no going back. A trademark is a key to imprinting your goods & services onto your customers’ minds which keeps them coming back to you.

Therefore, a trademark is a right choice to build a loyal customer base that always opts for your brand.

  • Freedom to Tell Your Brand’s Story

You can pick and choose from a variety of trademarks as per your brand’s products or services. From sound mark to smell mark, motion trademarks, or simple logos, there exists umpteen choices for you to decide. It’s up to you to decide how you plan to narrate your story.

  • Stand Out In The Crowd

How can a brand stand out despite being a neck-to-neck competition in every category? Besides providing quality products or services, having a unique trademark that distinguishes your brand from others is extremely important.

  • Trademark Is An Asset, Not A Liability

While a trademark registration process is long and complex, it is worth it because having a registered trademark creates an intangible asset that lasts forever. After ten years, you can renew the trademark and keep using it.

Want To Avail All These Benefits For Your Brand? TMReady Can help You Get Trademarks in India

ready has been providing a bundle of trademark-related services ranging from trademark search, trademark registration, and trademark monitoring to docketing services to businesses and startups for decades.

In addition, we provide our customers with cheap end-to-end IP services. Register your trademark with us and take the first step toward establishing your brand’s market presence.

Do you have any additional questions? To learn more about our services, check us here.


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