How to Trademark a Name

A trademark is your brand’s unique identifier – a name, logo, or slogan – that sets your products or services apart in the Indian marketplace. It’s how customers recognize and trust your business.

Why it matters:

• Builds Trust: Instantly tells customers who you are and assures quality.
• Protects Your Brand: Gives you exclusive legal rights, preventing others from copying your unique identity.
• Valuable Asset: Becomes a key business asset that can grow in value and be leveraged for growth.
• Deters Copycats: The “®” symbol warns others that your brand is legally protected.
• Attracts Investment: Boosts your business credibility, making it more appealing to investors.

Cost of Trademarking in India: A Transparent Breakdown

The cost associated with trademarking a name or phrase in India is primarily influenced by the applicant’s entity type and filing method (online vs. offline), alongside the number of goods or services classes covered. Below is a clear outline of the official government fees charged by the Trademark Registry.

Official Government Fees (per mark per class, as of July 2025)

• For Individuals, Start-ups, and Micro, Small, and Medium Enterprises (MSMEs):
  • Online Filing: ₹4,500
  • Offline Filing: ₹5,000
• For Companies, Limited Liability Partnerships (LLPs), and Other Legal Entities:
  • Online Filing: ₹9,000
  • Offline Filing: ₹10,000

It is crucial to understand that these figures represent government fees only. The total financial outlay for trademark registration often includes professional fees if you engage a trademark attorney or agent. These professional charges can range from ₹5,000 to ₹20,000 or more, varying with the complexity of the case, the scope of assistance (e.g., in-depth search, application drafting, responding to examiner objections), and the professional’s expertise.

Furthermore, if your business operates across various categories of goods or services, each additional class for which you seek protection will incur a separate government fee.

Why Trademarking Your Business Name is Essential

While not legally required, registering your business name in India is a critical strategic step. Though unregistered marks offer limited “passing off” protection, a registered trademark provides robust legal backing.

Key Benefits:

• Exclusive Rights & Legal Action: Gain sole rights to your brand name, allowing you to sue anyone using a similar mark, preventing confusion and dilution.
• Strong Brand Identity: Builds trust, loyalty, and a distinct reputation for your business.
• Nationwide Protection: Unlike common law rights, a registered trademark protects your brand across all of India.
• Valuable Asset: Your trademark becomes an appreciating intellectual property asset, enabling licensing, franchising, or sale.
• Deterrent & Credibility: The “®” symbol warns infringers, and registration boosts your business’s credibility for funding and investment.

Risks of Not Registering:

• Infringement: Others can copy your name, leading to market confusion and lost customers.
• Difficult Enforcement: Protecting your brand without registration is challenging, time-consuming, and costly.
• Costly Rebranding: You might be forced into expensive rebranding if another entity registers a similar name first.

In essence, trademarking your business name is a vital investment for long-term security and market advantage.

Trademarking Phrases & Slogans in India

Yes, you can trademark phrases, slogans, or taglines in India. These powerful marketing tools can capture your brand’s essence, but must meet specific criteria to be registered:

• Distinctive: Unique enough to identify your goods/services, not generic.
• Non-Descriptive: Should not merely describe your products (e.g., “Fresh Bread” is too descriptive).
• Not Misleading/Offensive: Must not deceive consumers or be scandalous.
• Not Confusingly Similar: Must not conflict with existing trademarks.

Iconic slogans like Nike’s “Just Do It” are protectable because they create a unique brand association. The cost for trademarking a phrase is the same as for a name or logo, plus any professional fees for attorney assistance.

The Trademark Registration Process in India

Registering a trademark in India involves several key steps:

1. Trademark Search: Crucial first step to check if your chosen name/logo is already in use or too similar to existing marks. A professional search is highly recommended.
2. Identify Correct Class(es): Determine the relevant categories (goods or services) your business falls under, using the Nice Classification system. Each class requires a separate application.
3. File Application (Form TM-A): Submit your application online (preferred) or physically with all required details of your mark, applicant, and goods/services. You can then use the “™” symbol.
4. Examination: A Trademark Examiner reviews your application for distinctiveness and potential conflicts.
   • Accepted: Published in the “Trademark Journal” for 3-4 months for public opposition.
   • Objected: You’ll need to respond to examiner objections, potentially leading to a hearing.
5. Opposition Period: During publication, third parties can oppose your application. If so, you’ll need to defend it.
6. Registration Certificate: If no opposition, or if overcome, your trademark is registered, and you receive a certificate. You can then proudly use the “®” symbol.

The entire process typically takes 6 to 24 months, depending on complexities like objections or oppositions.

Distinguishing Intellectual Property Forms: Trademark, Copyright, and Patent

Intellectual Property (IP) broadly encompasses creations of the human intellect. Patents, trademarks, and copyrights are three distinct but equally vital forms of IP protection, each serving unique purposes crucial for comprehensive brand and innovation safeguarding.

Trademark vs. Copyright: Core Differences

Feature	Trademark	Copyright
Protects	Brand names, logos, slogans, symbols, designs for goods/services.	Original literary, dramatic, musical, artistic works (e.g., books, songs, software).
Purpose	Prevents consumer confusion; protects brand reputation and goodwill.	Grants creators exclusive rights to reproduce, distribute their original works.
Duration	10 years, indefinitely renewable.	Author’s lifetime + 60 years (or 60 years from publication for certain works).
Registration	Required for strong legal enforcement.	Automatic upon creation; registration provides stronger evidence.
Governing Law	The Trademarks Act, 1999 (India).	The Copyright Act, 1957 (India).
Example	The “Amul: The Taste of India” slogan.	The screenplay for “RRR.”

Comprehensive Comparison: Trademark, Copyright, and Patent

Understanding the interplay and distinctiveness of these three IP forms is essential for robust business protection.

Trademark vs. Copyright vs. Patent: Core Differences

Aspect	Trademark	Copyright	Patent
What it Protects	Brand identifiers (names, logos, slogans, symbols) distinguishing goods/services.	Original creative works (books, music, art, software). Protects expression, not ideas.	New, useful, and non-obvious inventions (products, processes, machines).
Core Purpose	Prevents market confusion; protects brand reputation.	Grants creators exclusive rights over their creative expressions.	Incentivizes innovation by granting temporary monopoly over inventions.
Criteria	Distinctive, non-descriptive, non-generic, not misleading.	Original (not copied); fixed in a tangible form.	Novelty (new), non-obviousness, utility (practical application).
Duration	10 years, indefinitely renewable.	Author’s life + 60 years (or 60 years from publication).	Generally 20 years from filing date (utility patents).
Registration	Required for strong legal enforcement.	Automatic upon creation; registration optional but recommended.	Mandatory; involves complex technical examination.
Examples	Reliance Industries logo, “Dabur” brand name.	A song by A.R. Rahman, a novel by Amish Tripathi.	A new method for water purification, a novel electric vehicle battery design.

In essence, a trademark tells consumers who made or sold something. A copyright protects what was created—the artistic or literary work itself. A patent protects how something works or what it is—the invention. Together, these form the bedrock of a comprehensive intellectual property strategy for any business or individual in India.

Checking Trademark Availability and Status in India

Proactive searching for trademark availability and diligent monitoring of your application status are crucial steps in the registration journey.

How to Check Trademark Availability in India

This is the foundational step to avoid potential conflicts and save resources.

1. Official Search Portal: Navigate to the public search facility on the CGPDTM website: ipindiaonline.gov.in.
2. Search Parameters: Utilize options for “Wordmark,” “Phonetic,” or “Vienna Code” searches. Input your desired word/phrase and, critically, select the relevant class(es) of goods or services under the Nice Classification.
3. Analyze Results: Carefully review the search output, scrutinizing identical or similar marks, their current status (“Registered,” “Objected,” “Opposed”), and the goods/services they cover. Even minor variations can lead to conflicts.
4. Professional Search (Highly Recommended): While the public portal is useful, engaging a trademark attorney for a professional search is invaluable. They possess commercial database access and expertise to identify subtle similarities, common law uses, and phonetic or visual resemblances that a basic search might miss.

How to Check Trademark Status in India

After filing, consistent monitoring of your application’s progress is essential for timely responses to any official communications.

1. E-Register Website: Access the official e-register portal: https://ipindiaonline.gov.in/eregister/eregister.aspx.
2. Search by Application Number: Select “Trade Mark Application/Registered Mark,” then “National IRDI Number,” and enter your application number along with the captcha.
3. Interpret Status: The system will display the current status. Key statuses include:
   • New Application: Received, awaiting initial processing.
   • Formalities Check Pass/Fail: Preliminary document check complete.
   • Marked for Exam: Assigned to an examiner for detailed scrutiny.
   • Objected: Examiner has raised objections; requires a response within one month.
   • Accepted and Advertised: Mark accepted and published in Trademark Journal (3-4 month opposition period).
   • Opposed: Third-party opposition filed; requires counter-statement.
   • Registered: Trademark successfully registered; certificate issued.
   • Abandoned/Refused: Application withdrawn or rejected due to non-compliance.

Regular status checks enable prompt action, ensuring a smoother and more efficient registration process.

Elements Not Protected by Trademark Laws in India

While trademarks are powerful tools for brand distinction, their scope is defined and has limitations. Certain elements are generally not afforded trademark protection in India:

• Generic Terms: Words commonly used for a product or service category (e.g., “Soap” for a cleaning product). These terms cannot distinguish one source from another.
• Descriptive Words: Terms that merely describe the characteristics or features of goods/services (e.g., “Cold Coffee” for a beverage). Trademarks must distinguish, not just describe.
• Common Surnames or Geographical Names: Unless they have acquired a strong secondary meaning through extensive and distinct commercial use (e.g., “Bikanerwala” has become distinctive for sweets and snacks due to prolonged use).
• Misleading or Deceptive Marks: Marks that could confuse the public about the product’s nature, quality, or origin (e.g., “Silk” for a non-silk fabric).
• Offensive or Immoral Marks: Marks deemed scandalous, obscene, or those that hurt religious sentiments.
• National Emblems, Flags, & Government Symbols: Their use is restricted by law to prevent misrepresentation.
• Purely Functional Shapes: If a product’s shape is solely dictated by its utility (e.g., the shape of a standard screw), it cannot be trademarked. The shape must possess distinctiveness beyond mere function.
• Common Phrases/Motivational Quotes: General sayings that do not specifically identify a brand (e.g., “Work Hard, Play Hard”) are typically not registrable unless they gain distinctiveness through consistent use as a brand identifier.

It’s vital to remember that registering a business name does not automatically protect its design, content, or underlying methods. Each aspect of your business might require distinct forms of intellectual property protection.