Trademark Knowledge

Trademark — search, classes, filing and renewal

Protect your brand the right way.

A trademark protects your brand name, logo, tagline or packaging. Doing it right — class, search, filing, response — saves significant cost and risk later.

Why trademark search matters first

A proper trademark search reduces the risk of objection, opposition, legal notice and forced rebranding. Always search before printing packaging, building an app or running campaigns under the brand.

  • Word-mark and phonetic similarity check
  • Same-class and related-class conflict check
  • Helps decide a strong, distinctive mark

Choosing the right trademark class

India follows the NICE classification with 45 classes (1–34 for goods, 35–45 for services). Filing in the wrong class gives no protection in your actual business area.

  • Pick the class(es) that match your real business activity
  • Multi-class filing may be needed if your products span categories
  • Class 9 (software/apps), 35 (retail/marketing), 41 (education) are commonly used by startups

TM-A filing process

Form TM-A is filed with the Trade Marks Registry, along with applicant details, mark representation, user date and class. After filing, the application moves through examination, journal publication and (if no opposition) registration.

  • Filing → Vienna codification → Examination → Reply (if needed) → Journal → Opposition window → Registration
  • Timelines vary based on examination and any objections

Objection and opposition

If the Registry raises objections (absolute or relative grounds), a reply with arguments and evidence must be filed. After publication in the Trademark Journal, third parties get a window to file opposition.

  • Examination reports require timely, well-drafted replies
  • Opposition is a formal proceeding — needs evidence and submissions

Renewal and ongoing protection

A registered trademark is valid for 10 years and can be renewed indefinitely in 10-year blocks. Use ® only after registration; ™ can be used while the application is pending.

Information only — not a final legal opinion

This guide is for general awareness. Rules and rates change. For your specific case, talk to our team for personalised guidance.