How to Apply for FSSAI Registration in West Bengal?
08 Nov, 2025
By Online Legal India
Published On 08 Nov 2025
Category Trademark
A trademark is defined as a unique sign, such as a logo, name, slogan or sound to identify the source of the goods or services of a business. In India, there are several types of trademarks. Each type offers a specific purpose and protection for products and services. If you understand the types of trademarks, you will be able to make informed decisions during the process of trademark registration. In this piece of writing, you will learn about trademark, their types, the registration process, benefits, and so on.
A trademark is defined as a unique sign, logo, word, phrase, design, symbol, or a mixture of these elements. It allows customers to identify a product or service from others in a competitive marketplace. It acts as a brand identity in the market. A trademark registration is the process that gives you exclusive rights to use a unique mark or symbol for your business. In such a competitive market like India, a registered trademark improves visibility and serves as an asset for your business. Thus, a registered trademark allows you to use the “R” symbol, protect your brand from being copied, and act against misuse. In India, the entire process of registration is regulated as per the Trademarks Act, 1999. It is overseen by the Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) under the Ministry of Commerce & Industry.
There are 45 unique categories of trademarks in India, with each class related to kinds of goods or services. Classes from 1 to 34 mean products, and 35 to 45 mean services. You can find a complete list on the official IP India portal.
Listed below are the 7 types of trademarks in India:
A device mark refers to a trademark that uses a graphic design, image, or symbol rather than words. It is also known as a figurative mark or logo mark. It consists of visual elements like logos, monograms, or specific designs. For example- Apple logo, The half-bitten apple silhouette, used independently or with the word “Apple”.
A Wordmark means a text, phrases, letters, or numerals of a mark used by a brand. It can include company names, product names, and so on. For example, the name of a “Coca-Cola” specifies the word itself. It is generally used to protect the word of a brand. Thus, a word mark is the most common type among the different types of trademarks.
A Sound mark that refers to a distinct sound related to the products or services of a brand from suppliers. It is used to identify the source of products or services through sound. This helps customers to easily identify the products or services by listening to their sound. For example- The famous five-note “Intel Inside” chime. Registered globally.
A colour mark means a trademark which consists of a specific colour or a combination of colours that is different from others. It is also used to identify the origin of goods or services. For example- Cadbury's Purple (Pantone 2685C) Used for chocolate wrappers. Recognized in the UK and India.
A Certification Mark is a mark used to certify that a product or service meets certain standards regarding its origin, material, quality, method of manufacture, or other defined characteristics. It is issued by an authorized proprietor (the certifying body) but used by other traders whose goods or services comply with the specified standards. It helps consumers identify products that meet established quality or safety criteria. For example- FSSAI Logo, issued by Food Safety and Standards Authority of India which certifies that Safety and hygiene of food products.
A 2D Pattern Mark is considered as one of the creative types of trademarks that represents the unique patterns of a specific brand. It is used to identify the source of a brand. This mark helps to protect the patterns of a brand. You can easily recognise the brand with its exceptional design. For Example: the unique design pattern on certain Louis Vuitton bags.
A 3D Shape Mark is used to protect the unique and distinct shape of the product. Customers can easily identify and buy the products based on shape. For example, the triangular shape of a Toblerone chocolate bar.
Listed below are the entities that are eligible for trademark registration in India:
An individual can register a trademark to protect a word, symbol, or logo that they plan to use. There is no requirement to operate a business or have commercial activity for an application filing. The person who applies for it can get trademark rights.
A proprietorship can register a trademark in India in the name of the owner. As a trademark applicant, you cannot apply for it using only the business name. The official registration includes the proprietor’s name and the business name, but each is treated separately.
The application of a trademark must include the names of all partners in a firm with up to 10 members. If a partner is a minor, a guardian must represent them.
A Hindu Undivided Family (HUF) is considered as a separate legal entity under Indian law for tax and property purposes. A HUF includes all family members directly descended from a common ancestor. The family business and assets are usually managed by the Karta, who acts as the head and decision-maker. They can apply for a trademark under the “HUF” category. The application should mention the HUF as the applicant, along with the details of its Karta and members. Trademark registration helps to secure its brand name and logo, protect its goodwill and create a valuable family-owned intellectual property, legally defend against imitators, and support online and global expansion. For example: AIMEX WITH DEVICE filed by Babu Rajan Pillai HUF, Proprietor of M/s Intrax, produce rice, Registered for Class 30. Device mark. Filed on Feb 25, 2023. Example of a device/logo mark, owned by a HUF.
A Limited Liability Partnership can apply for a trademark in the name of the LLP. An LLP as a separate legal entity, is considered as the legal owner of the trademark. In LLP, partners do not hold personal ownership of the trademark as they maintain their individual identities.
A registered trust can register a trademark if it uses a brand name for its goods or services. All trustees names should be included in the application. Once a trademark is registered, the trust owns the trademark. They can also use it for its activities, services, or publications.
A society can apply for a trademark registration for its name, symbol, or service. The application should include the names and roles of key office bearers. The trademark helps the group build a distinct identity. It also helps to prevent misuse of its brand in public spaces or events.
A One Person Company (OPC) is a registered business which is owned by a single individual. It can register a trademark under its company name, but not the name of the owner. Once it gets registered, the trademark belongs to the OPC. The owner can manage and use it for business activities through the company.
A registered company, whether private or public, can apply for a trademark under its company name to protect its brand identity and safeguard its products, services, and overall business operations.
Here are the documents required for Trademark registration in India:
Listed below are the steps to apply for trademark registration in India:
The first step is conducting a trademark public search before applying for a trademark. You must always check whether your name or logo is not similar to others. You can search it on the Public Search tool from the IP India portal to avoid rejection or delays. In a trademark search, you will find the details of existing trademarks in the Trademark Registry.
The Nice Classification system classified trademarks into 45 classes for goods and services. In this step, you need to check the official classification list according to your needs. You must choose the appropriate trademark class to keep your application safe from rejection, complications, or approval delays.
As an applicant, you need to gather all your relevant documents before applying for a trademark registration, as mentioned above. Then, you must fill out and submit the TM-A form, which means the trademark application form with the required details. In case of online, you are required to visit the official IP India portal. You can also file it offline at the nearest Trademark Registry Office. You must also pay the required registration fee.
Once you submit your trademark application and documents, the Trademark Office will review them. The examiner checks if your trademark is not similar to existing ones. Your application will proceed to the next step if it meets all requirements. If the registrar finds any issues, the application will be put on hold, and you will be informed.
The registrar may raise an objection to your trademark if they find any issues. This can happen if the mark is similar to an existing one or if it uses a generic name. A formal objection can be raised under Section 9 or 11 of the Trademarks Act. The notice also includes the hearing date. If you receive this notice, it does not mean rejection. It means you need to rectify the mistakes in the application if they appear.
Once you receive an objection, you must reply to it within 30 days of receiving it. When you reply to an objection, you must give clear explanations, valid supporting documents, and strong reasons. A reply should be well-drafted to resolve objections and avoid unnecessary delays in the process. Once the registrar finds your response satisfactory, the application will proceed to the next stage. If you fail to reply on time, your application may be put on hold, which may affect approval.
Once a registrar accepts your trademark application, it will be published in the Trademark Journal for four months. Then, your trademark is displayed to the public. Any individual can raise opposition during this time against a trademark after the publication.
If any person or business opposes your trademark, they must file a notice of opposition. The registrar will inform you about it. You need to respond to the notice within 2 months and attach supporting documents to support your claim.
When the opposition continues after your reply, the registrar schedules a hearing date and tells both parties about it. In the hearing, both sides present their arguments. The registrar reviews your counterstatement. If it is valid and convincing, your application will proceed to the next stage of the registration process.
Once your trademark gets approved by the registrar. You will receive 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.
The trademark registration fees depend on the type of applicant and the filing method, whether online or offline, in India. The cost for an individual, startup, or MSME is Rs. 4,500 for e-filing and Rs. 5,000 for physical filing. The fees for other entities, such as companies or partnerships, are Rs. 9,000 for e-filing and Rs. 10,000 for physical filing. The fees are charged per class of goods or services.
Listed below are the key benefits of Trademark Registration in India:
A registered trademark allows a business to secure its brand name, logo, or tagline. It will give you the exclusive right to use the mark in business activities. You will also have the right to take action to protect the mark from unauthorized use and infringement. Thus, it helps to protect the brand against misuse, imitation, or infringement from competitors.
The Indian government supports startups and MSMEs to register and secure their intellectual property. The fees for registering various types of trademarks have been reduced, and approval timelines have become faster. These initiatives help small businesses to protect their brand identity effectively.
A registered trademark focuses on differentiating the products and services from its competitors. It allows customers to identify a product or service by its brand. It also helps to maintain brand identity to comply with market requirements. A unique brand attracts customers and prevents their confusion when choosing a product or service.
A Trademark Registration allows customers to identify the products or services of a specific brand name from others. This helps to maintain brand recognition and trust of different types of trademarks in the market. A customer can also identify the product's quality by its brand.
A trademark creates a unique brand identity for the creation of an intangible asset. A registered trademark gives you the right to sell, assign, or franchise to use it. It also contributes a valuable source of income from its intellectual property.
A registered trademark remains valid for 10 years. It helps to prevent others from using a similar mark. A valid trademark helps maintain the brand’s identity and image in the market.
Conclusion
Knowing the types of trademarks is the first step towards protecting your brand identity and ensuring its long-term growth. Each type offers a unique way to secure your brand elements, including names, logos, slogans, sounds, designs, and more. Whether you run a startup or an established business, you must choose the right type of trademark during the registration process according to your needs. If you need any assistance regarding trademark filing, contact Online Legal India.
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.
FAQ
Q1. What are the types of trademark in India?
There are various types of trademarks in India that include Device Mark, Pattern Mark, Word Mark, Sound Mark, Colour Mark, Shape Mark, etc. Each type of trademark helps to protect a different aspect of your brand identity.
Q2. Why is it important to know the different types of trademark before registration?
It is important to know the different types of trademark before registration to choose the right one that matches your business needs. It ensures proper protection during trademark registration and helps safeguard your brand’s identity from misuse or imitation.
Q3. Can I apply for more than one type of trademark?
Yes, you can apply for more than one type of trademark if your business covers various aspects, such as a product logo, service name, sound jingle, and so on. Each business requires a separate application during trademark registration.
Q4. Is trademark registration mandatory for all types of trademarks?
No, trademark registration is not mandatory, but it is highly recommended for all types of trademarks. A registered trademark will give you exclusive ownership rights to use your brand and prevent others from copying or misusing it.
Q5. How long does trademark registration Valid in India?
Once registered, a trademark is valid for 10 years from the date of application. You can renew it after its expiry by paying the renewal fee. This ensures long-term protection for all types of trademarks.
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