How to Get a Trademark for Your Brand in India (Complete Guide 2026)
- Myperfectpack
- 9 hours ago
- 7 min read
Protecting your brand’s identity is essential in today’s competitive marketplace. A trademark makes sure no one else can use your brand name, logo, slogan, or design — giving legal ownership and exclusive rights. In this blog you’ll learn:
✔ What a trademark is
✔ How it’s different from copyright
✔ What can be trademarked
✔ Why it matters for your business
✔ Step-by-step trademark registration process in India
✔ Documents, fees, timeline & tips
✔ How Myperfectpack can be your one-stop solution
What Is a Trademark?
A trademark is a legal right granted by the Government of India to identify your goods or services and distinguish them from those of others. A trademark can be:
Name (e.g., Myperfectpack)
Logo
Brand identity
Tagline or slogan
Combination of the above (name + logo)
Once registered, no one else in India can use the same or confusingly similar mark for similar goods/services.
Trademark vs Copyright — What’s the Difference?
Though both protect intellectual property, they serve different purposes:
Feature | Trademark | Copyright |
What it protects | Brand identifiers (names, logos, symbols) | Original creative works (books, music, art, software) |
Purpose | Distinguish your products/services in the market | Protect creativity and expression |
Renewal | Must be renewed every 10 years | Automatic protection for life of creator + 60 years |
Government body | Indian Trademark Office (Controller General of Patents, Designs & Trademarks) | Copyright Office, Govt. of India |
👉 In short: Copyright protects creative content, while trademark protects your branding elements.
What Can Be Trademarked in India?
You can protect:
✔ Brand names
✔ Logos and symbols
✔ Slogans or taglines
✔ Product shapes or packaging (certification/shape marks)
✔ Labels, monograms & even colours (if distinctive)
❌ You cannot trademark generic terms or descriptive phrases that lack distinctiveness.
Why Trademark Registration Matters
Registering a trademark gives you:
✅ Exclusive rights to use the mark in India
✅ Legal protection against competitors
✅ Ability to license or sell the trademark
✅ Asset value for your brand
✅ Consumer trust and brand credibility
Registered trademarks make it easier to stop unauthorized use or counterfeits.
Trademark Registration in India: Step-by-Step Guide
Step 1 — Trademark Search
Before applying, a comprehensive trademark search is done to check if the mark already exists.
If a similar mark is active, it may lead to rejection. Therefore, professional searches are crucial.
Step 2 — Filing the Application
You can file your application with the Trademarks Registry under the Ministry of Commerce & Industry (Government of India). Link :https://ipindiaonline.gov.in/
You must choose a correct class — India follows 45 trademark classes based on types of goods/services.
Examples:
Class 30 – Food & Beverages
Class 35 – Advertising/Business services
Class 25 – Clothing & Apparel
You must clearly describe the goods/services exactly as per trademark classification.
Step 3 — Examination by Trademark Office
After filing, an examiner reviews your application for:
🔹 Distinctiveness
🔹 Similarity to existing marks
🔹 Compliance with legal requirements
If there are issues, the examiner issues an examiner’s report (objection).
Step 4 — Response to Objections (If Any)
If there’s an objection, you (or your consultant) must respond within 1 month explaining why the mark should be accepted.
Failure to respond can lead to abandonment of the application.
Step 5 — Publication in Trademark Journal
If accepted, the mark is published in the official Trademark Journal for 4 months.
During this period, third parties may oppose the registration.
Step 6 — Registration & Certificate
If no opposition is filed (or opposition is defeated), the trademark is registered and a Registration Certificate is issued.
Once registered, it’s valid for 10 years and renewable indefinitely.
Documents Required
🔹 Applicant’s identity proof (PAN / Aadhaar / Passport)
🔹 Business registration proof (if a company/firm)
🔹 Address proof of applicant
🔹 Logo / brand representation (JPEG / PNG)
🔹 Class and list of goods/services
🔹 Power of Attorney (if filed through an agent)
Fees for Trademark Registration (India)
Government Filing Fee (as per current norms)
Entity Type | Govt. Fee per Class |
Individual / Startup / Small Enterprise | ~₹4,500 |
Others (Companies etc.) | ~₹9,000 |
Fees vary depending on mode of filing and government notifications
Additional professional charges may apply when you hire a consultant. Myperfectpack Charges 599 INR as additional fees apart from Government Fees + Taxes
Timeline — What to Expect
Stage | Typical Duration |
Search & Filing | 1–7 days |
Examination | 2–3 months |
Response to Objections | 1–3 months |
Publication | 4 months (statutory) |
Registration Issued | 12–18 months (if no oppositions) |
Delays can occur due to objections or oppositions.
Common Mistakes to Avoid
❌ Using generic terms that lack distinctiveness
❌ Incorrect class selection
❌ Not doing a proper trademark search
❌ Missing deadlines for objections
❌ Incomplete application details
Professional help reduces errors and increases success chances.
Frequently Asked Questions (FAQs)
Q1. Can I trademark a colour or shape?
Yes, if it is uniquely associated with your brand and has distinctiveness.
Q2. What if someone opposes my application?
You can present arguments/ evidence before the Registrar. A professional can help.
Q3. Do I need a lawyer?
Not mandatory, but professional guidance increases approval chances significantly.
1. What is trademark registration in India?
Trademark registration in India is a legal process that gives exclusive rights to use a brand name, logo, or slogan. It prevents others from copying your identity and provides nationwide protection under the Trademark Act, 1999.
2. Why should I register my brand as a trademark?
Registering your trademark protects your business reputation, prevents misuse, builds customer trust, and allows you to take legal action against infringement. It also adds financial value to your brand.
3. Is trademark registration mandatory in India?
No, trademark registration is not mandatory, but it is highly recommended. Without registration, enforcing your rights becomes difficult and costly.
4. How much does trademark registration cost in India?
Government fees start from approximately ₹4,500 per class for individuals/startups and ₹9,000 per class for companies. Professional consulting charges are separate depending on service scope.
5. How long does trademark registration take in India?
Typically, it takes 12–18 months if there are no objections or oppositions. You can start using ™ immediately after filing.
6. Can I apply for trademark online in India?
Yes. Trademark applications can be filed completely online through authorized professionals like Myperfectpack, making the process fast and paperless.
7. What documents are required for trademark registration?
Common documents include:
PAN/Aadhaar of applicant
Address proof
Brand logo (if any)
Business registration (for companies)
Power of Attorney
8. Can startups and small businesses register trademarks?
Yes. Startups and MSMEs receive lower government fees, making trademark registration affordable for new businesses.
9. What is TM and ® symbol?
™ is used after filing an application.® is used only after the trademark is officially registered.
10. Can I trademark my business name?
Yes. Business names, brand names, and trade names can all be registered as trademarks if they are unique.
11. Can I trademark a logo separately?
Yes. You can trademark:
Only name
Only logo
Name + logo together
Each provides different levels of protection.
12. What cannot be trademarked in India?
You cannot trademark:
Generic words
Common surnames
Descriptive terms
National symbols
Offensive content
13. What happens if my trademark is objected?
You must submit a written reply within 30 days. With professional help, many objections can be successfully resolved.
14. What is trademark opposition?
Opposition occurs when a third party challenges your trademark after publication. It must be legally defended to proceed with registration.
15. Can foreign companies register trademark in India?
Yes. International businesses can register trademarks in India through authorized agents.
16. How many classes are there in trademark registration?
India follows the Nice Classification system with 45 classes — 34 for goods and 11 for services.
17. Is trademark valid forever?
No. A trademark is valid for 10 years but can be renewed indefinitely every 10 years.
18. Can I sell or transfer my trademark?
Yes. Trademarks are intellectual property assets and can be sold, licensed, or transferred.
19. What is trademark search and why is it important?
Trademark search checks if similar marks already exist. It reduces rejection risk and saves time and money.
20. Can I use my brand while trademark is pending?
Yes. Once filed, you can legally use ™ while your application is under process.
21. What happens if someone copies my registered trademark?
You can take legal action including injunction, damages, and seizure of counterfeit goods.
22. Can individuals apply for trademark in India?
Yes. Individuals, proprietors, startups, partnerships, LLPs, and companies can all apply.
23. Do I need a lawyer for trademark registration?
Not mandatory, but professional consultants like Myperfectpack significantly improve approval chances and manage objections.
24. Can I trademark packaging design?
Yes. Unique packaging or label designs may be trademarked if distinctive.
25. What is Class 35 trademark?
Class 35 covers advertising, business management, marketing, and e-commerce services.
26. Can I trademark a slogan or tagline?
Yes, provided it is unique and not commonly used.
27. What is Power of Attorney in trademark filing?
It authorizes your consultant to file and represent your application before the Trademark Registry.
28. How does Myperfectpack help with trademark registration?
Myperfectpack provides:
✔ Trademark search
✔ Application filing
✔ Objection handling
✔ Online tracking
✔ End-to-end consulting
✔ Licensed representation
All through a simple online process.
29. Can I apply for multiple classes in one application?
Yes. Multi-class applications are allowed, though fees increase per class.
30. Why choose Myperfectpack for trademark registration?
Myperfectpack offers:
✅ Expert guidance
✅ Online ordering
✅ Transparent pricing
✅ Faster processing
✅ Complete legal support
Making it a true one-stop trademark solution in India.
How Myperfectpack Can Help You (One-Stop Solution)
At Myperfectpack, we provide end-to-end trademark consulting & filing services in India. Here’s what you get:
✅ Comprehensive trademark search — to avoid conflicts✅ Expert application drafting & filing — correct classification & wording✅ Response handling — objections and legal arguments✅ Online order & tracking — file from anywhere✅ Licensed professionals — represent you before the Trademarks Office✅ Transparent pricing
Whether you are a startup, small business, or large enterprise, our team ensures:
🔹 Faster filing🔹 Lower risk of objections🔹 Higher chances of registration
You can order online and our experts will take care of the process on your behalf.
Conclusion
Trademark registration is a powerful tool to protect your brand identity in India. From name protection to legal rights, it strengthens your business foundation for years to come.
With professional guidance from Myperfectpack, you get seamless filing, expert support, and complete peace of mind — all online.
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