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.
Trade Marks Registry / CGPDTM (DPIIT)
Individuals, Startups, LLPs, Companies
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
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 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:
Exact brand name spelling, wordmark text, and high-resolution logo artwork (PNG/JPEG) if applying for a visual device mark.
Exact date since the mark has been used in India (with invoices/marketing links), or confirmation that it is "Proposed to be used".
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
Exhaustive clearance search across active and pending marks in relevant Nice classes to evaluate collision risks.
Digital submission with Class 3 DSC on IP India. Generation of official filing receipt with application number granting instant rights to use ™ symbol.
Statutory examination by the Trade Marks Registry. Following acceptance, the mark is advertised in the official Trade Marks Journal for public review.
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.
- 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
Brand Shield Retainer
Full brand protection including prior use user affidavit and examination tracking.
- Everything in Standard TM-A Filing
- User Date Affidavit Drafting (Rule 25)
- Cross-Class Conflict Risk Analysis
- MSME Udyam Registration (to save ₹4,500 govt fees)
- Formal Examination Report Scrutiny
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.
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
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.
File Your Trademark Registration
Submit your brand details below for a comprehensive phonetic search and class scoping consultation.