How to Trademark a logo for businesses in India?
28 Jan, 2026
By Online Legal India
Published On 28 Jan 2026
Category Trademark
Building a unique brand identity begins with a unique logo. So, you must trademark a logo under the Trademarks Act, 1999. Trademarking a logo helps to protect your intellectual property rights. You can use the ™ symbol even before registration, once you file the application. The ® symbol can be used only after registration is granted. This will prevent infringement, secures your brand’s value, and builds consumer trust. In this blog, you will learn about the logo trademark registration process.
A trademark a logo, refers to a unique visual symbol. It can include a design, shape, color combination, etc. It differentiates the goods or services of a company from those of its competitors. Exclusive rights arise only after registration, not merely by creating a logo. This will protect your unique mark. It is managed by the Trade Marks Act, 1999. A logo also acts a specific identifier for customers. So, they can easily identify the brand. Thus, trademarking a logo helps to protect brand identity and investment. It identifies the commercial source of goods or services and distinguishes them from competitors.
Key documents you need to trademark a logo:
a) Completed Trademark Application Form (TM-A)
b) An identity and address proof of the Applicant
c) A clear image or a soft copy of the logo
d) Proof of Business Registration (if applicable)
e) Signed Form-48 which means Power of Attorney, if applicable.
Below are the steps to trademark a logo in India:
As an applicant, you need to do a comprehensive trademark search include device mark search and Vienna code classification for logos. You need to do it before the submission of your registration. This will help to identify similar trademark designs. A trademark can be similar to your logo. This helps to reduce potential issues for a smooth registration process.
This step allows you to file and sign a form TM-A. You can file it when the search shows that your logo is available. TM-A is filed online via the IP India portal or physically at the appropriate Trade Marks Registry, depending on jurisdiction. The application can include the details of:
a) Applicant details such as name and address.
b) A valid description about the logo
c) You must provide a picture of the logo in electronic format.
d) The payment details of the required government fees.
e) Other required details.
Once you send your logo application, the Trademark Office will look at it. The examiner checks if the trademark is too similar to any existing ones. The examiner confirms that all your documents are correct. If everything is okay, it will move to the next step. But if the registrar finds any problems, the Registrar will issue an Examination Report outlining the objections, if any.
If the registrar finds any problems, they might object. This will happen if the mark is similar with an existing mark or if it uses a generic name. A formal objection can be raised under Section 9 or 11 of the Trademarks Act. In the notice, you will see the date of the hearing. Receiving this notice does not mean your application is rejected. It just means you need to fix any errors in your application if there are any.
Once you will receive an objection, you should reply to it within 30 days of get it. You must give clear explanations, valid supporting documents, and strong reasons while replying to it. A good response helps address any concerns and prevents the process from taking longer than needed. Once the registrar is happy with your answer, the application will move on to the next step. In case of failing to reply on time, your application may be put on hold, which can affect approval.
The trademark will be published in the Trademark Journal for four months if the registrar agrees to your trademark application. It is published by the Trademark Registry. Then, your logo will be displayed to the public. Any person or business can raise opposition during this time against a trademark after the publication.
If any person or business opposes your trademark registration, they should file a notice of opposition. You will be informed about it by the registrar. You have to reply to the notice within two months and include documents that back up your claim.
When the opposition continues after your reply, the registrar schedules a hearing date and informs both parties about it. Both sides should present their arguments in the hearing. The registrar reviews your counterstatement. If it is valid and convincing, your application will proceed to the next stage of the trademark registration process.
Once a registrar approves your trademark, you will get an official Trademark Registration Certificate. The registration is valid for ten years from the application date. You must renew the trademark every ten years to maintain exclusive ownership and protection.
Conclusion
Every business must trademark a logo to keep its brand safe. This will give you exclusive rights to use your logo. This stops competitors from using a similar logo. It can lead to improvement of a business reputation. This also reduces huge infringement issues. If you have any queries in it, get in touch with Online Legal India.
FAQ
Q1. Where can I trademark a logo?
You can trademark a logo from the official IP India Portal.
Q2. Do I need to hire a lawyer for trademarking a logo?
No, you do not need a lawyer for trademarking a logo in India.
Q3. Can I trademark any type of logo that includes words or phrases?
You can trademark a logo with words or phrases only if the words are distinctive and not generic, descriptive, or prohibited under the Act.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.
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