Trademarks
How brand names, logos, and other identifying marks are protected under Indian law.
A trademark is how the market tells your business apart from everyone else's. This page is a general, educational overview of how trademark protection works in India — it isn't a substitute for advice on your specific brand or filing.
What qualifies for protection
To function as a trademark, a mark generally needs to be distinctive — capable of distinguishing your goods or services from those of others. Marks that are purely descriptive of the product itself (for example, "Crisp" for potato chips) face a much steeper path to registration than invented or arbitrary marks.
Common categories include:
- Word marks — a brand name or slogan
- Device marks — logos, symbols, or stylised text
- Combination marks — a word and a logo together
Classes of goods and services
India uses the Nice Classification, an international system that groups all goods and services into 45 classes. When filing, you specify which class or classes cover your business — a bakery and a software company, for instance, would typically file in entirely different classes. Getting the classification right matters: it defines the actual scope of what your registration protects.
The registration process, broadly
- A clearance search to assess whether a conflicting mark already exists.
- Filing the application with the Trade Marks Registry.
- Examination, where the Registry may raise objections that need a response.
- Publication in the Trade Marks Journal, opening a window for opposition by third parties.
- Registration, once any objections or oppositions are resolved.
Timelines vary considerably depending on whether the application faces objections or opposition.
Registered vs. unregistered rights
India does recognise some rights based on genuine use of a mark, even without registration — enforced through a "passing off" action. But this route requires proving reputation and goodwill through evidence, which is a heavier burden than the statutory infringement remedy available to a registered trademark owner. Registration also gives you a public, searchable, nationwide record of ownership.
Maintaining a trademark
A registration is valid for 10 years from the filing date and can be renewed indefinitely in further 10-year periods, provided renewal is filed on time. Marks that fall out of active, genuine use for extended periods can also become vulnerable to cancellation on grounds of non-use.
Related reading: Understanding Trademark Registration in India.
Frequently asked questions
- What can be registered as a trademark in India?
- Words, logos, slogans, and combinations of these are most common. Indian law also allows registration of some less conventional marks — such as sounds — in appropriate cases, provided the mark is capable of distinguishing your goods or services from others'.
- What are 'classes' in trademark registration?
- India follows the international Nice Classification system, which groups goods and services into 45 classes. A trademark application specifies the class or classes relevant to your business, and protection generally applies within those classes.
- What happens if someone infringes my registered trademark?
- A registered proprietor has a statutory right to bring an infringement action, which can include remedies like injunctions, damages, and account of profits. This is generally a stronger and more straightforward path than the 'passing off' action available for unregistered marks.