Step-by-Step Guide to Register a Brand In India

Comprehensive Step-by-Step Guide to Brand Registration in India

Registering a brand in India ensures legal protection against unauthorized use and builds credibility. The most common way to secure your brand is through Trademark Registration under the Trade Marks Act, 1999. Below is a step-by-step process to get your brand registered.

Step 1: Conduct a Trademark Search

Before applying, ensure your brand name/logo is unique to avoid rejection.

How to Conduct a Trademark Search?

Visit the IP India Website: https://ipindia.gov.in/trade-marks.htm
Click on “Public Search” under the Trademark tab.
Enter your desired brand name/logo and select the relevant class of goods/services.
Check for similar trademarks that may already exist.

✅ If no similar trademarks are found, proceed with registration.
❌ If a similar trademark exists, modify your brand name to avoid conflicts.

Step 2: Identify the Trademark Class

Every brand falls under a specific category of goods/services, known as the Nice Classification (1-45 classes).

🔹 Example of Classes:

Class 25 – Clothing, footwear, headgear
Class 30 – Coffee, tea, sugar, rice
Class 35 – Business management, advertising

💡 Tip: You may need multiple class registrations if your business deals in multiple products/services.

👉 Find your trademark class here: https://euipo.europa.eu/ec2/

Step 3: Prepare Required Documents

Gather the necessary documents for a smooth application process.

Documents Required:

✅ Applicant Details (Name, Address, Email, Mobile)
✅ Business Registration Proof (GST Certificate, Incorporation Certificate, MSME Certificate, etc.)
✅ Brand Name & Logo (in JPEG format)
✅ Description of Goods/Services under the selected class
✅ Power of Attorney (Form TM-48) (if applying through an agent/lawyer)
✅ Identity & Address Proof (Aadhaar, PAN, Passport for individuals)

Step 4: File the Trademark Application

You can apply in two ways:

Option 1: Online Filing (Recommended)

Visit IP India Website: https://tmrsearch.ipindia.gov.in/tmrpublicsearch/
Register/Login as a new user.
Fill out Form TM-A with brand details.
Upload required documents and logo.
Pay the applicable trademark fee online.
Submit the application and get an Acknowledgment Number for tracking.

Option 2: Offline Filing

Download Form TM-A from https://ipindia.gov.in.
Fill out the form manually.
Attach supporting documents.
Submit the application at the nearest Trademark Registry Office (Mumbai, Delhi, Chennai, Kolkata, Ahmedabad).

💰 Trademark Fees:

₹4,500 (For Individual/Startup/MSME)
₹9,000 (For Other Business Entities)

Step 5: Trademark Examination

The Trademark Examiner reviews your application for legal compliance.
If no issues, it moves to publication.
If objections arise, the examiner issues an Examination Report.
You must respond within 30 days.

⏳ Timeframe: 2-3 months

Step 6: Trademark Publication

If the application is approved, it is published in the Trademark Journal.
The public can oppose the registration within 4 months.

✅ If No Opposition → Proceeds to final registration.
❌ If Opposed → Conter Statement is submitted within 60 days and if needed Legal hearing is conducted, then a decision is made.

⏳ Timeframe: 4 months

Step 7: Trademark Registration & Certificate Issuance

If no objections or oppositions arise, the Trademark Office grants registration.
You will receive a Trademark Registration Certificate.
Your brand is now legally protected for 10 years, renewable indefinitely.

⏳ Timeframe: 8-12 months

Step 8: Post-Registration Steps

✔ Use the ® Symbol – Once registered, replace ™ with ® to indicate legal protection.
✔ Monitor for Infringements – Regularly check for unauthorized use of your brand.
✔ Renew Your Trademark Every 10 Years – File Form TM-R before expiry.

By following this process, you secure your brand legally, enhance credibility, and prevent misuse.

Do you Need expert assistance with brand registration in any state in India? xLegal Team ensures hassle-free filing and protection of your brand and all other necessary guidance for your business – Contact – +91 9319661668!