Service ID: V06-SVC-003 Direct Regulatory Service IP India Form TM-A

Brand Name, Logo & Trademark Registration (Form TM-A)

Secure nationwide legal exclusivity for your commercial brand name, corporate logo, and tagline under the Trade Marks Act, 1999 via the official Trade Marks Registry (CGPDTM). Professional phonetic clearance, multi-class Nice mapping, instant application filing, and immediate authorization to use the ™ symbol.

Statutory Authority

Trade Marks Registry / CGPDTM (DPIIT)

Eligible Applicants

Individuals, Startups, LLPs, Companies

Filing SLA

24 to 48 Hours (Instant ™ Usage Rights)

Who This Service Is For & Statutory Eligibility

Trademark registration is vital for any enterprise investing capital and effort into building brand equity, customer goodwill, or intellectual property. Without a registered mark, competitors can copy your product names, duplicate your logos, or register identical domain names without statutory infringement penalties.

Applicant Categories & Concessional Fee Eligibility:

  • Individual / Sole Proprietor: Eligible for the lower statutory government filing fee of ₹4,500 per class.
  • Startups (DPIIT Recognized): Entities holding a valid DPIIT Certificate of Recognition receive an official 50% concession, paying ₹4,500 per class.
  • MSMEs (Udyam Registered): Enterprises possessing an official Udyam Registration Certificate pay ₹4,500 per class (50% statutory discount).
  • Other Corporate Bodies: Companies, LLPs, or partnerships without MSME/Startup status pay the standard statutory fee of ₹9,000 per class.

Brand Protection Comparison: Registered Trademark vs Unregistered Mark

Protection Dimension Registered Trademark (®) Unregistered Common-Law Mark Mere Company / RoC Name
Geographic Scope Nationwide across all 28 states & UTs Restricted to localized area of actual trade Protects corporate name only, not brands
Statutory Infringement Remedies Direct lawsuit under Section 29 with injunctions Heavy burden to prove passing-off under common law No trademark infringement remedies
Symbol Usage Rights ™ upon filing, ® upon final registration Illegal to use ® symbol (punishable offense) Cannot use ® or ™
Licensing, Franchising & Sale Fully assignable commercial asset (Form TM-P) Difficult to value or monetize Non-transferable standalone name
Validity Period 10 Years (Renewable indefinitely via TM-R) Ceases when trade ceases Subject to active company maintenance

Scope of Work & Exclusions

Included in Scope

Statutory Inclusions:

  • Comprehensive phonetic and wordmark similarity search on the official IP India registry.
  • Multi-class Nice Classification mapping (Classes 1–34 Goods / Classes 35–45 Services).
  • Assessment of distinctiveness and statutory registrability under Section 9 & Section 11.
  • Drafting and preparation of Form TM-A (Wordmark or Device/Logo Mark).
  • Preparation and execution of Form 48 (Power of Attorney).
  • Digital e-filing with Class 3 DSC on the official CGPDTM portal within 24–48 hours.
  • Official Government Filing Receipt with permanent Trademark Application Number.
  • Tracking of application status through examination report generation.
Exclusions & Subsequent Proceedings

Exclusions & Subsequent Obligations:

  • Form TM-M Examination Reply: Formal legal replies to Examination Reports issued by the Registry under Section 9/11 (available under separate mandate).
  • Show Cause Hearing Attendance: Personal or virtual appearance before the Trademark Hearing Officer if marked for hearing.
  • Opposition Defense: Contested third-party opposition proceedings before the Registrar (Section 21) or courtroom litigation.
  • Multiple Classes: Base fee covers 1 single Nice class; additional classes require separate statutory and professional fees.

What You Provide (Applicant Input Checklist)

To file your Form TM-A with zero Registry queries, our IPR desk coordinates these basic inputs:

1. Brand Name & Logo Artwork

Exact brand name spelling, wordmark text, and high-resolution logo artwork (PNG/JPEG) if applying for a visual device mark.

2. User Date & Evidence (If In Use)

Exact date since the mark has been used in India (with invoices/marketing links), or confirmation that it is "Proposed to be used".

3. Concession Certificate (If MSME)

Udyam Registration Certificate or DPIIT Recognition Certificate to unlock the 50% statutory fee waiver (₹4,500 instead of ₹9,000).

Required Documents Checklist

1. Applicant KYC Documents

  • Self-attested PAN card of individual or corporate entity.
  • Identity & Address Proof: Aadhaar Card / Voter ID / Passport.
  • Certificate of Incorporation (COI) / Partnership Deed for corporate applicants.
  • Udyam Certificate or DPIIT letter (for 50% fee concession).

2. Brand & Usage Evidence

  • High-resolution logo image file (if device mark).
  • Signed Form 48 (Power of Attorney authorizing trademark agent).
  • User Affidavit under Rule 25 (if prior use in India is claimed).
  • Invoices, promotional flyers, or domain records supporting use date.

Statutory Process & Realistic Timelines

1
Phonetic Search & Registrability Audit (Day 1)

Exhaustive clearance search across active and pending marks in relevant Nice classes to evaluate collision risks.

2
Form TM-A Filing & Instant ™ Rights (Day 1–2)

Digital submission with Class 3 DSC on IP India. Generation of official filing receipt with application number granting instant rights to use ™ symbol.

3
Registry Examination & Journal Publication (Month 1–4)

Statutory examination by the Trade Marks Registry. Following acceptance, the mark is advertised in the official Trade Marks Journal for public review.

4
Registration Certificate Delivery & ® Rights (Month 6–12)

Upon expiry of the 4-month opposition window without dispute, the official Registration Certificate is issued, unlocking exclusive rights to use the ® symbol.

Transparent Professional Fee Structure

Standard TM-A Filing

Single-class filing for brand name or logo on "proposed to be used" basis.

₹4,999 + Govt. Fees
  • Comprehensive Phonetic Clearance Search
  • Nice Classification Mapping (1 Class)
  • Form TM-A & Form 48 Drafting
  • Digital E-Filing on IP India Portal
  • Official Filing Receipt (Instant ™ Rights)
  • Application Status Tracking
Apply for Trademark Now

Statutory Government Fee Note: Under Trade Marks Rules 2017, the official Government filing fee per class is ₹4,500 for Individuals, Startups, and MSMEs (holding Udyam), and ₹9,000 for standard corporate entities without MSME status. Government fees are payable directly to the Trade Marks Registry.

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Authorized Trademark Agent & Legal Scrutiny

Trademark filings require precise legal specification of goods and services under the international Nice Classification to prevent fatal Section 9 (absolute grounds) or Section 11 (relative grounds) refusal notices. CraftEgon CCS coordinates filings through authorized trademark agents and company secretaries holding registered digital signature certificates on the IP India e-filing portal.

Relevant Diagnostic Tools & Related Services

🔍 Pre-Filing Trademark Search Tool Check phonetic brand conflicts across all 45 classes 📜 MSME Udyam Registration Unlock 50% discount (save ₹4,500) on Govt TM fees 🏢 Private Limited Company Incorporate your business before branding rollout 🛡️ IPR & Trademark Directory Explore complete intellectual property solutions

Frequently Asked Questions (Trademark FAQs)

When can I legally start using the ™ symbol?

You can start using the ™ symbol immediately upon filing Form TM-A and receiving the official Trademark Application Number from the Registry. The ® symbol can ONLY be used after the Registry issues the final Certificate of Registration.

How long does it take to get a final Trademark Registration Certificate?

While the ™ rights and application number are obtained within 24–48 hours, the complete statutory process—including examination by the Registrar, advertisement in the official Journal, and the mandatory 4-month public opposition period—typically takes 6 to 12 months.

Should I apply for a Wordmark or a Logo (Device Mark)?

A Wordmark provides the broadest legal protection because it protects the brand name in any style, font, size, or color. A Device Mark protects a specific graphic logo design or stylized artwork. We generally recommend filing a Wordmark first, followed by a Device Mark for key brand symbols.

How long does a trademark registration remain valid in India?

Under Section 25 of the Trade Marks Act, a registered trademark is valid for 10 years from the application filing date. It can be renewed indefinitely every 10 years by filing Form TM-R with the statutory renewal fee.

How does MSME Udyam registration save 50% on government trademark fees?

Under the Trade Marks Rules 2017, the Government of India provides a 50% statutory fee waiver for small enterprises. By attaching a valid Udyam certificate, the statutory filing fee is reduced from ₹9,000 to ₹4,500 per class, creating immediate cost savings.

Direct Service Consultation

File Your Trademark Registration

Submit your brand details below for a comprehensive phonetic search and class scoping consultation.

Reviewed by CraftEgon IPR and secretarial team during business hours (Mon–Sat, 9AM–7PM IST). Details are protected under our Confidentiality Policy.

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Statutory Notice & Professional Boundaries: CraftEgon CCS provides trademark filing, documentation, and regulatory procedural facilitation under the Trade Marks Act, 1999 and Trade Marks Rules, 2017. We do not provide courtroom advocacy or contentious infringement litigation representation before the High Courts or Commercial Courts; contentious disputes requiring courtroom representation must be handled by an independent advocate enrolled under the Advocates Act, 1961.