Protecting Your Brand Name: Trademark Search, Classes and the Registration Timeline

A business name registered with the Registrar of Companies, or as a GST trade name, does not give you the exclusive right to use that name as a brand. That right comes from trademark registration under the Trade Marks Act, 1999.

Step 1: Search before you file

A search shows whether an identical or deceptively similar mark is already registered or applied for in the same or related goods and services. Skipping it is the most common reason for objections, or worse, for having to rebrand after investing in signage and packaging.

A good mark is distinctive. Invented words and arbitrary words get registered most easily. Descriptive words, such as "Tax Filing Services" for tax services, and common surnames or geographical names face objections.

Step 2: Choose the classes

Goods and services are divided into 45 classes under the Nice Classification:

• Classes 1–34 cover goods (for example, Class 25 for clothing, Class 30 for coffee, tea and confectionery)
• Classes 35–45 cover services (for example, Class 35 for business services and retail, Class 41 for education, Class 43 for restaurants)

Each class needs a separate application or a separate class fee. A restaurant selling packaged sauces may need both Class 43 and Class 30.

Fees

The official e-filing fee per class is ₹4,500 for individuals, start-ups and small enterprises (with supporting proof such as a Udyam or DPIIT certificate) and ₹9,000 for others.

Step 3: Filing and the timeline

1. Filing (Form TM-A) – you can use the ™ symbol from the date of filing.
2. Examination – the Registry examines the application and may issue an examination report raising objections. A reply must be filed within one month, or the application is treated as abandoned.
3. Hearing – if the reply is not accepted, a hearing is fixed.
4. Advertisement in the Trade Marks Journal once the mark is accepted.
5. Opposition period – any person can oppose within four months of advertisement.
6. Registration – if there is no opposition, or it is decided in your favour, the certificate is issued. You can now use the ® symbol. Using ® before registration is an offence.

The process can be completed in under a year where there are no objections, and it takes longer otherwise.

Registration is valid for 10 years from the application date and can be renewed indefinitely for further 10-year periods.

Who can represent you

The applicant can file personally. Representation in objections, hearings and oppositions must be by the applicant, a registered trademark agent or an advocate. Our firm prepares the commercial and documentary side and works with registered agents for representation.

Accounting and tax angle

• Purchased trademarks are intangible assets eligible for depreciation under the Income-tax Act. Self-generated marks are generally expensed as costs are incurred.
• Royalty paid to a related party, including to promoters who own the mark personally, must be at arm's length and attracts TDS.
• Owning the brand in a separate entity can make sense for franchising, but get the structure and the tax consequences reviewed first.

The information in this article reflects the law as on the date of publication and is for general guidance only.