What is a Trademark?

A trademark is any sign that helps people identify the source of goods or services. It can be a word, logo, symbol, number, colour combination, slogan, label or even a unique shape of packaging. The main purpose of a trademark is to distinguish your offerings from those of others in the market.

Under Indian law, registered trademarks receive protection in the classes of goods and services for which they are filed. This means another business cannot use a confusingly similar mark for the same or related products without your permission.

Why is Trademark Registration Essential?

Registering your brand is more than a legal formality – it is a strategic investment in your business. Here’s how it helps:

1. Builds a recognisable brand identity: Customers quickly associate your mark with the quality and experience you offer.
2. Prevents misuse and copying: Registration gives you the right to stop others from using identical or deceptively similar marks.
3. Adds value to your business: A strong trademark can be licensed, franchised or even sold, becoming a valuable intangible asset.
4. Supports online enforcement: Marketplaces and social platforms often ask for trademark certificates when you report fake or infringing listings.
5. Enhances investor and partner confidence: Protected IP shows that the brand is serious about long‑term growth and professionalism.

Documents Required for Trademark Registration

• Applicant’s identity proof (PAN, Aadhaar, Passport or Driving Licence)
• Address proof of the applicant or business (utility bill, registration certificate, etc.)
• Logo / wordmark in high‑resolution format (if you are filing for a logo, otherwise the brand name in text is sufficient)
• Nature of business and a brief description of goods / services offered
• Power of Attorney (Form TM‑48) authorising the representative, if filed through an agent
• Incorporation documents for entities (Partnership Deed / LLP Agreement / Certificate of Incorporation, as applicable)
• Signed user affidavit, if the mark is already in use along with approximate first‑use date

How Long Does Trademark Registration Take?

The trademark process runs through several stages – filing, examination, publication and finally registration. In a normal case without objections or oppositions, the complete process can take anywhere between 12–18 months. The exact time depends on the Registry’s workload and whether any third party raises an objection.

The good news is that you can start using the ™ symbol as soon as your application is filed and an acknowledgement is generated. Before applying, it is wise to conduct a basic availability search on the official IP India portal to ensure that your proposed brand name or logo is not already in conflict with an existing mark.

Trademark Symbols – ™ vs ®

Trademark Validity and Renewal in India

A registered trademark in India is valid for 10 years from the date of filing and can be renewed every 10 years for as long as you wish to keep the mark active. As long as renewals are filed on time and the mark is used in the course of trade, protection can effectively continue indefinitely.

The Registry usually allows renewal to be filed within a specific window before the expiry date. Even if you miss this period, there is a grace period during which the mark can often be restored on payment of additional fees. Allowing your registration to lapse may open the door for competitors to adopt similar marks, so monitoring renewal dates is crucial.