Gujarat High Court’s Judgment Delivers Justice: IGST Refunds Unlocked
19 Jun, 2025
By Online Legal India
Published On 23 Oct 2021
Updated On 30 May 2025
Category Trademark
In today’s digital-first world, mobile applications have become integral to business success. Countless apps are available across various platforms, and distinguishing your app from the crowd is crucial. One of the best ways to protect your app’s identity and brand is by registering its name as a trademark. This prevents unauthorized use and grants you legal ownership of your brand name. Registering your app’s name as a trademark can safeguard your brand and strengthen its uniqueness in the market.
In this blog, you will learn about how to register an App name as a Trademark in India.
A trademark is a legally recognized symbol or name that distinguishes the products or services of one business from others. In India, trademarks are protected under the Trade Marks Act, 1999, and are managed by the Controller General of Patents, Designs & Trade Marks (CGPDTM), which operates under the Ministry of Commerce and Industry. This legal framework ensures businesses can safeguard their brand identity and prevent misuse by competitors.
In the context of mobile applications, trademarks can cover various elements such as the app name, icon/logo, tagline/slogan, and, in certain cases, distinctive user interface designs. Registering these elements as trademarks provides legal protection against unauthorized use. A trademark helps to safeguard the app's brand identity and enhances its market credibility.
Registering the app name as a trademark in India offers significant legal and commercial advantages, particularly in the competitive digital marketplace.
Here is the list of key reasons to register an app name as a trademark:
Trademark registration grants the owner exclusive rights to use the app name in connection with the specified goods or services. This exclusivity helps prevent others from using a similar or identical name. This helps to protect your brand identity.
A registered trademark increases an app’s visibility and helps build trust among users. It confirms that the name is legally protected. This adds value to your business and supports the growth of a reliable and recognizable brand.
A registered trademark grants you the legal right to take action if someone uses your app’s name without permission. This protection is important for preventing others from misusing your brand and helps you maintain full control over your app’s identity and reputation.
A registered trademark is a valuable intangible asset that can add value to your business. It can be licensed or franchised. It creates new ways to earn and opens doors for future growth and expansion.
India is part of the Madrid Protocol, which allows businesses to register their trademarks internationally through a single application. This helps to protect your app’s name in multiple countries. This also helps you to expand globally and operate smoothly across international markets.
Registering a trademark helps protect your app from being copied by counterfeiters. It helps users identify your app as the original one. This builds trust and connects your app with quality, and also helps to avoid confusion with fake or poor-quality copies.
In India, a registered trademark offers legal protection for your app across the entire country. It allows you to expand your brand confidently. It means you can easily grow your brand and reach more users nationwide without worrying about others using your name or harming your brand identity.
Once your app name is officially registered, you can use the “R” symbol. This indicates that your trademark is protected by law and serves as a warning to others. It protects your app name from being used or copied by others.
A registered trademark builds trust with users by assuring them that your app is authentic and reliable. This boosts customer loyalty, as users feel confident in choosing your app over others with uncertain authenticity.
The Indian government offers support to startups in protecting their intellectual property rights. Initiatives like the Startups Intellectual Property Protection (SIPP) scheme provide facilitation and reimbursement benefits for trademark registration.
Below is the list of documents required to register an app name as a trademark in India:
The process is governed by the Trade Marks Act, 1999, and administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM).
Here is the procedure of App Name trademark registration:
Step 1: Conduct a Trademark Search
Before filing for trademark registration, it is important to conduct a comprehensive search to ensure that your app’s name is not already registered or pending registration. This helps prevent potential conflicts or objections. You can use the Public Search tool offered by the Controller General of Patents, Designs, and Trade Marks (CGPDTM).
Step 2: Determine the Appropriate Trademark Class
Trademarks are categorized into different classes based on the nature of goods or services of the business. You must choose the appropriate class for the type of app you are registering.
Step 3: Prepare the Application
Prepare your application by collecting all required documents. Ensure that all information is accurate to avoid objections.
Step 4: File the Trademark Application (Form TM-A)
To apply for trademark registration, submit your application using Form TM-A, either online through the Comprehensive e-Filing Services or physically at the appropriate Trade Marks Registry office. The application should include all necessary details and pay the prescribed fee. You can find the fee details on the official form and the Fees page.
Step 5: Examination by the Trademark Office
Once you submit your application, the Trademark Office examines it to ensure compliance with the Trade Marks Act, 1999. This includes checking whether the trademark (e.g., your app name) is unique and not deceptively similar to existing trademarks. The Office also verifies the submitted documents for any discrepancies. If everything is in order, they issue a Trademark Examination Report. Based on the findings, the Trademark Officer may either approve the application for journal publication or raise an objection, requesting clarification or additional documents. Applicants are typically given a chance to respond to objections within a specified period of one month (30 days).
Step 6: Objection (if applicable)
If objections are raised by the Trademark Officer, you must respond within 30 days from the receipt of the examination report. You may also face a hearing and explain or clarify the issues along with supportive evidence to respond to the objections. Ignoring the objection or missing the deadline can result in your application being rejected or abandoned.
Step 7: Publication in the Trademark Journal
After clearing the examination stage, the trademark application is published in the Trademark Journal to invite public scrutiny. Any third party can file an opposition within 4 months from the date of publication if they believe the mark infringes on their rights. If no opposition is filed or if the opposition is decided in the applicant’s favor, the application proceeds to registration.
Step 8: Opposition Proceedings (if any)
If anyone files a trademark opposition, both parties will get a chance to explain their points and submit evidences. The Registrar carefully reviews everything and then decides whether the trademark should be approved or rejected based on the arguments made.
Step 9: Registration and Issuance of Certificate
If no opposition is filed or if the opposition is decided in your favor, your trademark will be officially registered, and a registration certificate will be issued. The registered trademark is valid for ten years from the date of application and can be renewed indefinitely.
In India, a registered trademark is valid for 10 years from the date of registration. To maintain its validity, the trademark must be renewed every 10 years. This process can be continued indefinitely, which ensures ongoing protection of the trademark.
Registering an app name as a trademark in India involves specific government fees, which vary based on the applicant's category and the mode of filing. These fees are prescribed under the Trade Marks Rules, 2017, and are administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM).
Here is a detailed explanation:
These fees apply to each class and mark individually. If your app covers multiple services, like software under Class 9 and IT services under Class 42, you will have to pay the fee separately for each class.
Applicants who want quicker processing of their trademark application can opt for expedited processing, available only through e-filing:
Trademarks in India are valid for 10 years from the date of application and can be renewed indefinitely every 10 years.
Other services related to trademark registration include:
Registering your app name as a trademark in India protects it within the country. However, if you want to protect your brand globally, you can use the Madrid Protocol, an international system administered by the World Intellectual Property Organization (WIPO). India has been a member of the Madrid Protocol since 2013. It allows Indian applicants to seek trademark protection in multiple countries through a single application
Conclusion
Registering your app name as a trademark is essential to protect your brand and gain legal rights. It helps prevent misuse, builds trust among users, and boosts your app’s credibility. Trademark registration offers both national and international protection and adds long-term value as an intangible asset. Proper guidance and government support make it a solid investment in your app’s future growth and success. If you have any queries about registering a trademark for your app name, contact Online Legal India to get assistance.
Redirecting to payment page...
