Brand, Logo and Trademark Registration

Trademark registration is the process of recording your brand name, logo or slogan with the Trade Marks Registry under the Trade Marks Act, 1999, so that you get the exclusive right to use it for the goods or services you register and can stop others from copying it. IMAK Advisory, an ICAI-registered CA firm in Bengaluru, supports trademark registration for founders, small businesses and companies across India: we run the searches, advise on classes, prepare the application and documents, and track the application until the certificate is issued.

Most problems with a brand come from steps skipped before filing: no trademark availability check, the wrong class, a description that is too narrow, or a logo whose copyright still belongs to the designer. This page explains brand registration and logo registration, how to do a trademark class search and a trademark public search India's Registry offers online, trademark filing step by step, how to check trademark application status, what each status means, and how the trademark certificate is issued and kept alive.

• Trademark availability check: identical, similar and phonetic marks
• Trademark class search and goods and services descriptions
• Trademark filing for word marks, logos and slogans
• Help with replies to examination reports, in coordination with a registered trade marks agent or advocate
• Trademark status check and deadline tracking
• Renewal reminders and records of ownership changes

A registered mark gives you the exclusive right to use it for the registered goods or services anywhere in India, the right to sue for infringement, and a public record that warns others before they adopt something similar. It also makes the brand an asset you can license, sell or show to investors and lenders.

Registration does not protect an idea, a business method or a product design. It does not stop others from using a similar name for unrelated goods in a different class, unless your mark is well known. It does not automatically protect your mark outside India. And it does not make a company name or a domain name yours; those are separate records.

Brand Registration: What the Term Means

"Brand registration" is the everyday term for registering a brand name, logo or tagline as a trademark. There is no separate brand registration law; brand registration in India means trademark registration under the Trade Marks Act. Online marketplaces also run their own brand registry programmes, which usually ask for a registered or applied-for mark first, so the trademark filing comes before the marketplace step.

Logo Registration: Registering a Device Mark

Logo registration means registering a mark that contains a design element, called a device mark or a composite mark if it also has words. The Registry classifies the figurative parts of a logo using the Vienna Classification, which is how logos are searched later. If you claim specific colours, the protection is tied to those colours; a black-and-white filing generally covers the logo in any colour. Many businesses file the word mark and the logo separately, because the word mark gives wider protection and the logo protects the get-up.

™ and ®: When You Can Use Each

You can use the ™ symbol as soon as you adopt a mark, even before filing; it simply tells people you claim it as a mark. The ® symbol can be used only after the mark is registered, and only for the registered goods or services. Falsely representing a mark as registered is an offence under the Trade Marks Act, so do not use ® while the application is pending.

The cheapest time for trademark registration is before the brand becomes valuable. Once you have printed packaging, built a website, run advertisements and earned reviews under a name, changing it because someone else filed first is expensive. The filing date matters: between two similar marks, the earlier application or the earlier proven use usually wins.

Trademark registration also helps in day-to-day business. Marketplaces and app stores ask for it before they remove copycat listings. Investors and acquirers check that the brand belongs to the company, not to a founder personally. Franchisees and licensees want a registered mark before they pay royalty. Banks valuing a business look at whether its intangible assets are properly owned.

• A clear legal basis to stop copies, fake listings and look-alike names
• A public record that discourages others from adopting a similar mark
• An asset that can be licensed, franchised, sold or valued
• Easier enforcement on marketplaces, social media and app stores
• A base for filing in other countries later

Every application is filed in one or more of 45 classes under the international Nice Classification: classes 1 to 34 cover goods and classes 35 to 45 cover services. A trademark class search means finding the class or classes that cover what you actually sell, or plan to sell in the next few years. Protection is limited to the classes and descriptions you file, so a wrong class can leave the core business unprotected.

The Nice Classification is updated every year, and a new edition took effect internationally on 1 January 2026 with clearer entries for artificial-intelligence services in class 42. A trademark class search should therefore be done against the current list, not an old blog post.

Writing the Goods and Services Description

Within each class, the description decides the scope. "Clothing" in class 25 is broader than "T-shirts". The e-filing form offers a pick list of accepted descriptions; using accepted terms reduces objections, while a custom description can fit an unusual product better. We usually combine both. Overly wide claims for goods you will never sell can invite objections and later removal for non-use.

A trademark availability check tells you whether an identical or confusingly similar mark is already registered or applied for in the same or related classes. It is the most useful step in the whole process, because the Registry examines your application against earlier marks, and the owner of an earlier mark can oppose yours after publication. A proper trademark availability check looks at identical marks, similar spellings, phonetic matches, translations and similar logos, in your class and in neighbouring classes.

It also looks beyond the Registry: company and LLP names on the MCA portal, domain names, marketplace listings and social media handles. Someone who has used a mark longer than you, even without registering it, may have rights through passing off.

Trademark Public Search India: Using the Official Tool

The trademark public search India's Trade Marks Registry provides is available at tmrsearch.ipindia.gov.in. From 1 July 2026 the search moved to an upgraded platform with an OTP-based login, replacing the earlier public search screens.

1. Open the public search on tmrsearch.ipindia.gov.in and log in with the OTP sent to your email or mobile
2. Choose the search type: wordmark, phonetic, or Vienna code for logos
3. Enter the brand name and choose a match option such as "start with", "contains" or "match with"
4. Select the class
5. Run the search and open each similar result to see its status, owner, goods and services
6. Repeat for related classes and for phonetic and spelling variants

What the Search Cannot Tell You

The official search shows marks on the register and pending applications, but not unregistered marks in use, very recent filings that are not yet indexed, or how an examiner will judge similarity. A clear result reduces risk; it does not guarantee acceptance. That is why our report gives a view of the risk – low, moderate or high – with reasons, rather than a simple "available".

Trademark filing is done online on the IP India portal using Form TM-A. Once filed, the application gets a number immediately, and from that date you have priority over anyone who files a similar mark later.

1. Finalise the mark: the exact word, the logo file and any colour claim
2. Decide the applicant: an individual, a partnership firm, an LLP or a company (the owner should be the business that will use the mark)
3. Complete the trademark availability check and trademark class search
4. Prepare the goods and services description for each class
5. Decide the user claim: "proposed to be used" or used since a specific date, with evidence and an affidavit if a prior date is claimed
6. Prepare the power of attorney if a registered trade marks agent or advocate will file for you
7. File Form TM-A on the IP India portal and pay the official fee for each class
8. Save the filing receipt with the application number, and start using ™ if you wish

A claim of earlier use helps in disputes with later users, but it must be supported by dated evidence such as invoices, advertisements or website records. Claiming a date you cannot prove is a common mistake.

Who Can File and Sign Before the Registry

Under section 145 of the Trade Marks Act, only the applicant, an advocate, a registered trade marks agent or a person in the sole and regular employment of the applicant can act before the Registrar. We are chartered accountants, so we prepare the search, the class strategy, the description and the documents, and the application and any replies are filed either by you as the applicant or by a registered trade marks agent or advocate whom you authorise. We tell you at the start who will sign each filing.

• The mark: word mark in plain text, or the logo in JPG format with clear lines
• Applicant details: name, address and nationality, or entity name, type and registered address
• PAN, and the certificate of incorporation or partnership deed for entities
• Udyam certificate or DPIIT recognition, if the applicant claims the lower official fee for small enterprises or startups
• Goods and services description for each class
• Evidence of use and a user affidavit if a prior date of use is claimed
• Power of attorney if a registered trade marks agent or advocate files for you
• Written copyright assignment from the designer, if someone outside the business created the logo

After a formalities check, an examiner reviews the application and issues an examination report. The report may accept the mark or raise objections. Absolute grounds under section 9 cover marks that are descriptive, generic, lacking distinctiveness, deceptive or offensive. Relative grounds under section 11 cover conflicts with earlier identical or similar marks.

Replying to an Examination Report

A reply is due within one month of receiving the examination report. If no reply is filed, the application can be treated as abandoned. A good reply explains why the mark is distinctive, why it is not confusingly similar to the cited marks, and may limit the description or add evidence of use. Replies are legal submissions and are signed by the applicant, an advocate or a registered trade marks agent.

Show Cause Hearing

If the reply does not satisfy the examiner, the Registry schedules a hearing, usually online. The applicant or its advocate or agent argues the case. The outcome is acceptance, acceptance with conditions, or refusal, which can be appealed.

An accepted mark is advertised in the Trade Marks Journal, published online every week. Anyone can file a notice of opposition within four months of the date of the journal. If an opposition is filed, the applicant must file a counter-statement within two months of receiving it, or the application is treated as abandoned. Evidence and a hearing follow. If no opposition is filed, the mark proceeds to registration.

Opposition works both ways. A business with a registered or earlier mark should watch the journal for similar marks and oppose them in time. We can set up a periodic watch for your marks and alert you, so that your advocate can decide whether to oppose.

A trademark status check shows where your application stands, the latest action and any deadline. To check trademark application status, use the e-register and application status service of the Registry:

1. Open the e-register and application status page on tmrsearch.ipindia.gov.in
2. Enter your email address or mobile number and the OTP sent to it
3. Enter the application number
4. Read the status, the history of actions and any documents uploaded by the Registry, including the examination report

Check the trademark application status at least once a month while the application is pending, and immediately after any email from the Registry. Many applications are abandoned only because an examination report or hearing notice was missed. We track the trademark application status for the marks we handle and tell you about each change.

Common Status Messages and What They Mean

The trademark certificate is issued electronically once the status changes to "Registered" and no opposition is pending. The Registry emails the address for service, and the certificate can be viewed and downloaded from the application status page after logging in with an OTP. It shows the registration number, which is the same as the application number, the class, and the registration details.

The copy downloaded from the portal is a record copy. For court cases, filings abroad that claim priority and some official purposes, a certified copy is requested from the Registry. Keep the trademark certificate with your company records, share it with marketplaces and licensees, and diary the renewal date.

• Renew every 10 years from the date of application; the renewal request can be filed within six months before expiry
• If missed, renewal is still possible within six months after expiry with a surcharge, and restoration within a year after that
• Use the mark as registered; a registered mark not used for a continuous period of five years and three months can be challenged for removal
• Record changes of the owner's name or address, and assignments when the business or brand is sold
• Use ® only for registered goods and services
• Watch the journal for similar marks and act within the opposition period

Approval of a company or LLP name by the Registrar of Companies does not give trademark rights, and a trademark registration does not reserve a company name. A domain name is a separate record. The legal name on your GST registration is the entity's name, not the brand. To avoid conflicts, check all of them before choosing a brand, and register the trademark in the name of the entity that will own the business.

A logo is also an artistic work under the Copyright Act, 1957. If an employee designed it in the course of employment, the business usually owns the copyright; if a freelancer or agency designed it, the copyright stays with them unless it is assigned in writing. Get a signed assignment before filing for logo registration. A logo that is used for goods or services can also be registered as copyright, but the application needs a certificate from the Trade Marks Registry that no identical or deceptively similar mark is registered or applied for, so the two filings are planned together.

Online sellers often discover the need for trademark registration when a marketplace asks for it or when copies of their product appear under the same name. Most marketplace brand programmes accept an application number at the start and a registration later, so filing early lets you enrol sooner. Logo registration matters here too, because product images and packaging are what buyers see first.

Keep the mark consistent: the name on the packaging, the listing and the website should match the mark you filed. If you sell in several categories, check that each category is covered by your classes. And keep invoices and listing records with dates, because they become your evidence of use if a dispute arises.

Individuals, DPIIT-recognised startups and small enterprises registered on Udyam pay lower official fees for trademark filing than other applicants, and recognised startups can use facilitator support under the Startup India scheme. The proof of status is filed with the application, so arrange the recognition or Udyam registration first if you intend to claim it. We do not publish the official fee amounts here; they change and depend on the applicant and number of classes.

An Indian registration protects the mark in India only. For other countries, you can file in each country or use the Madrid Protocol, which India joined in 2013, to file one international application based on the Indian application or registration and designate the countries you need. Each designated country examines the mark under its own law. Plan this early if you export or sell online abroad, because priority from the Indian filing date can be claimed only within six months.

1. Call to understand the business, the products and the brand plan
2. Trademark availability check with a written risk view
3. Trademark class search and drafting of descriptions
4. Advice on applicant, user claim and fee category
5. Document checklist and copyright assignment if needed
6. Filing by you or by the registered trade marks agent or advocate you authorise, with the filing receipt shared with you
7. Trademark status check every month and alerts on every change
8. Preparation of facts and evidence for replies, hearings or oppositions, signed by the advocate or agent
9. Trademark certificate download, renewal calendar and ownership records

Every document filed is shared with you, and the login and OTP remain under your control.

We do not publish fees. The total depends on the number of marks and classes, whether a logo is involved, the depth of the search, the applicant's fee category for official fees, and whether objections or oppositions follow. Our team shares the exact total after reviewing your requirements.

A D2C Skincare Brand Before Launch

A founder had printed packaging with a coined name and a logo made by a freelancer. The trademark availability check found a similar mark in class 3 owned by a cosmetics company. She adjusted the name before launch, obtained a copyright assignment from the designer, and filed the word mark and logo in classes 3 and 35 with the startup fee category.

A Software Company Expanding Its Product Line

A company had registered its name in class 42 only. When it launched downloadable apps and training courses, the trademark class search showed gaps in classes 9 and 41. New applications were filed for those classes, and the existing registration was put on a renewal calendar.

A Restaurant Owner Who Received an Objection

A restaurant owner had filed on his own and missed an email with an examination report citing a similar mark. The trademark status check showed one week left. We prepared the facts on prior use and the differences between the marks, and his advocate filed the reply in time.

• Filing without a trademark availability check
• Choosing a descriptive name such as "Quick Accounts" or "Fresh Bakery" that cannot be registered
• Filing in the wrong class or with a description that is too narrow
• Filing in a founder's personal name when the company owns the business, with no assignment
• Claiming a date of use without evidence
• Using ® before registration
• Missing the one-month deadline for an examination report reply
• Not renewing after 10 years
• Using a logo whose copyright belongs to the designer

Someone Is Already Using a Similar Mark

If another business used a similar mark earlier, even without registration, it may oppose your application or bring a passing-off action. Sometimes the answer is a different mark, sometimes coexistence terms, and sometimes a legal challenge by an advocate. We set out the facts so that you can decide early.

Selling or Licensing a Brand

A trademark can be assigned with or without the business, and licensed for royalty. Record the assignment with the Registry, and keep the tax treatment of royalty and sale proceeds in mind.

Moving the Mark Into a Company

Where a founder filed in personal name and later formed a company, the mark should be assigned to the company in writing and the change recorded. Investors check this in due diligence.

Foreign Applicants

A foreign business without a principal place of business in India must give an address for service in India and act through an Indian advocate or registered trade marks agent.

• We are not the Trade Marks Registry and cannot guarantee acceptance, publication or registration
• We are not advocates and do not argue hearings, oppositions or court cases; these are handled by advocates or registered trade marks agents
• We do not give legal opinions on infringement or send legal notices
• We do not file marks that copy well-known brands or that we know belong to someone else
• We do not use the ® symbol or registration claims for marks that are not registered

If your mark is a coined word, the trademark public search India's Registry offers shows nothing similar in your class, and you are comfortable with the online form, you can file a single-class application yourself and use the official status service to track it. If you are still testing a business idea, you may decide to wait, use ™ and file once the name is final. We are most useful when there are several classes, a logo, an earlier user, a company structure to get right, or an examination report to answer.

1. Which exact word, logo or slogan do you want to protect?
2. Who owns the business that will use it: you personally, a firm, an LLP or a company?
3. What goods or services will you sell under it in the next three to five years?
4. Since when have you used it, and what evidence do you have?
5. Who designed the logo, and is the copyright assigned?
6. Do you plan to sell outside India?
7. Do you hold DPIIT recognition or Udyam registration?

New brands are often confidential until launch. As chartered accountants we follow ICAI's confidentiality rules. Your brand names, logos and launch plans are used only for the searches and filings, shared only with the team handling them and with the advocate or agent you authorise, and stored securely.

• Mark finalised and logo file ready
• Trademark availability check done in your class and related classes
• Classes and descriptions decided after a trademark class search
• Applicant entity confirmed and documents ready
• User claim decided, with evidence if needed
• Copyright assignment for the logo signed
• Fee category proof ready (startup or small enterprise)
• Filing receipt saved and ™ in use
• Monthly trademark status check set up
• Renewal date diarised

Our only office is in Whitefield, Bengaluru, where founders can meet us in person. Trademark registration is filed online, and the Registry office that handles an application depends on the applicant's principal place of business; applications from Karnataka and the other southern states are handled by the Chennai office. We support applicants from any state and do not have offices outside Bengaluru.

What is trademark registration?

Trademark registration is the recording of a brand name, logo or slogan with the Trade Marks Registry under the Trade Marks Act, 1999. It gives the exclusive right to use the mark for the registered goods or services in India and the right to sue for infringement.

Is brand registration the same as trademark registration?

Yes. Brand registration is the everyday term; legally, a brand name or logo is protected through trademark registration.

How does logo registration work?

A logo is filed as a device or composite mark on Form TM-A with a clear image. The Registry classifies its figurative elements under the Vienna Classification. Make sure the copyright in the logo belongs to you before filing.

How do I do a trademark availability check?

Search the official register for identical, similar and phonetic marks in your class and related classes, then check company names, domains and marketplaces for unregistered use. A clear search reduces risk but does not guarantee acceptance.

Is there a trademark public search India offers online?

Yes. The Trade Marks Registry's public search at tmrsearch.ipindia.gov.in lets you search by wordmark, phonetic similarity or Vienna code for logos, class by class. From 1 July 2026 it runs on an upgraded platform with OTP login.

What is a trademark class search?

It is the process of finding which of the 45 classes cover your goods or services. Classes 1 to 34 are for goods and 35 to 45 for services. Many businesses need two or more classes.

How is trademark filing done online?

Trademark filing is done on the IP India portal using Form TM-A, with the mark, applicant details, classes, description, user claim and the official fee. The application number is issued immediately.

How can I check trademark application status?

Open the e-register and application status page on tmrsearch.ipindia.gov.in, log in with an OTP sent to your email or mobile, and enter the application number. The page shows the trademark application status, the history and any examination report.

How often should I do a trademark status check?

At least once a month while the application is pending, and immediately after any email from the Registry, because a reply to an examination report is due within one month.

What does "Objected" mean in trademark status?

The examiner has raised objections in the examination report. It is not a refusal. A reply must be filed within one month, failing which the application can be treated as abandoned.

How do I get the trademark certificate?

Once the status is "Registered", the trademark certificate is issued electronically. It can be downloaded from the application status page after logging in with an OTP. For court or foreign use, request a certified copy from the Registry.

How long is a trademark registration valid?

Ten years from the date of application. It can be renewed every ten years indefinitely, starting within six months before expiry.

Can I use ® after filing?

No. You can use ™ after filing or even before. The ® symbol can be used only after registration, and only for the registered goods or services.

Can a chartered accountant file a trademark?

Under section 145 of the Trade Marks Act, only the applicant, an advocate, a registered trade marks agent or the applicant's own employee can act before the Registrar. We prepare the search, classes and documents, and the filing is made by you or by an advocate or registered agent you authorise.

How long does trademark registration take?

It depends on the Registry's workload and on whether objections or oppositions arise. An application without objection or opposition commonly takes about a year or more; contested ones take longer. We cannot promise a date.

How much does trademark registration cost?

We do not publish fees. Official fees depend on the applicant type and number of classes, and our team shares the exact total for our work after reviewing your requirements.

Startup India and MSME · Company and LLP Registration · Business Agreements · Business Valuation · Due Diligence · Tax Planning

Share the brand name, the logo file, what you sell and the name of the business that will own the mark. Our team will run the availability check, suggest the classes and send the document list.

Contact Details

Office Address

IMAK Advisory, ITPL Main Rd, Pattandur Agrahara, Whitefield, Bengaluru, Karnataka 560066, India

Phone

+91 79798 50684 (call or WhatsApp)

Email

imakadvisoryteam@gmail.com

Sources: Trade Marks Act, 1999 (sections 9, 11, 21, 25, 47, 107, 145) and Trade Marks Rules, 2017; IP India public search and e-register (tmrsearch.ipindia.gov.in) and the notice on the upgraded search platform from 1 July 2026 (as reported by Juris Hour); Nice Classification, 13th edition (NCL 13-2026); Copyright Act, 1957, section 45. Checked 2 November 2026.