New FSSAI Food Safety Regulations 2025
26 Jul, 2025
By Online Legal India
Published On 25 Jul 2025
Category Trademark
A trademark is a unique word, logo, symbol, or design that helps identify and distinguish the goods or services of one business from another. It acts as a brand identity in the market. In India, registering a trademark is important because it offers legal protection and exclusive usage rights. It also helps prevent others from using a similar brand name. In this blog, you will learn who is eligible for Trademark Registration in India and why it matters for business.
A trademark is a unique mark that may include a word, name, logo, symbol, design, or a combination of these. It helps consumers easily recognise and differentiate a product or service from others in the market. In India, trademarks are legally protected under the Trade Marks Act, 1999, and are treated as intellectual property. A valid trademark must be visually clear and distinctive. It builds brand identity and creates trust by showing the source and quality of the product.
A trademark helps people visually or textually identify and distinguish one brand's products or services from those of another. It should be clear enough to be seen and distinct enough to stand out in the market. Registering it offers legal protection and prevents misuse or copying.
Here is a list of key reasons to register a trademark in India:
Trademark registration gives you full legal rights over your brand name or logo. No other person or business can legally use a similar mark for goods or services that are similar to those of the registered mark. You can take legal steps if someone tries to use it without permission.
Once registered, the trademark law protects your brand from any misuse or imitation. If another party uses a similar mark to confuse customers or damage your brand, you can file a legal case under trademark law in India.
The registration certificate acts as official proof that you own the trademark. This helps in legal disputes and removes the need to prove your ownership again. The government records confirm your rights as the original owner.
A trademark creates a unique image of your product or service in the minds of customers. It helps people easily recognise your brand in the market. A strong identity supports business growth and customer loyalty.
Customers trust brands that have legal protection. A registered trademark increases your credibility and makes your business look professional. It also helps in attracting investors, partners, and vendors who prefer legally secure brands.
Once you register your trademark, you can use the ® symbol next to your brand name or logo. This symbol shows that your brand has legal protection. It warns others not to copy or misuse your mark.
A trademark is an intellectual property asset. You can sell it, transfer it, or give permission to others to use it through licensing. It adds financial value to your business and helps in raising funds or expanding your operations.
Trademark registration stays valid for 10 years. You can renew it every 10 years without limit. As long as you renew it on time, the protection continues forever. This gives your brand long-term safety and control.
If you want to take your brand to other countries, Indian trademark registration helps you start that process. India is part of the Madrid Protocol, which lets you apply for trademark protection in over 100 countries using one application.
Once you register your trademark, it becomes part of the public database maintained by the Indian government. Anyone who searches for trademarks can see your brand and avoid using similar marks. This prevents unintentional copying and protects your brand’s uniqueness.
Below is a detailed explanation of who is eligible for trademark registration in India:
Any Indian citizen can apply for a trademark in their name. This includes a person who does not own a business yet but wants to secure a brand name for future use. The application must mention the individual’s full legal name. The person can use the trademark once the registration is approved.
Two or more people can apply together for a single trademark. Both names must appear on the application form. Each person holds equal rights over the trademark unless stated otherwise in a legal agreement. The application must clearly state the purpose and intended use of the mark.
A sole proprietorship is not considered a separate legal entity from its owner; the business and the individual are legally the same. So, the trademark application must use the proprietor’s name, not the firm’s business name. The applicant must submit proof of identity and address with the form. The owner gets full rights to use and manage the trademark.
A partnership firm that is not registered as an LLP must apply using the names of all active partners. If a partner is a minor, the guardian’s name must also appear. The trademark does not belong to the firm separately but to the partners mentioned in the application.
An LLP has a separate legal status under Indian law. It can own property and file for a trademark in its name. Individual partners cannot claim personal rights over the trademark. The LLP’s name must appear on the application along with its registration details.
A company that is registered under the Companies Act can apply for a trademark in its name. Directors or promoters cannot file the application personally. The company holds all rights over the trademark. The application must include the company’s CIN (Corporate Identification Number) and registered address.
An OPC is a registered business structure with a single owner. It can apply for a trademark in its company name. The owner’s name does not appear as the applicant. The OPC gets full legal rights over the registered mark, and the owner holds control through the company.
Any foreign citizen or business can apply for a trademark in India. They must file the application using their real name or registered business name. They also need to provide an address for service in India. This allows them to protect their brand in the Indian market even if they do not operate a local office.
A registered trust can apply for a trademark if it uses the brand for goods or services. The names of all trustees must be included in the application. The trust becomes the legal owner of the mark and can use it for its operations, publications, or public services.
A society or association can register a trademark for its name, symbol, or service. The application must include the names and roles of key office bearers. The trademark helps the group build a distinct identity and prevents misuse of its brand in public spaces or events.
The following are the required documents for trademark registration in India:
Below are the steps to register a Trademark in India:
Step 1: Conduct a Trademark Search
Before applying, you must check if the trademark name or logo you want is already in use. This helps avoid rejection or legal disputes. You can use the Public Search tool available on the official website of the Controller General of Patents, Designs, and Trade Marks (CGPDTM). Check if the mark exists or is under review in the same class. Search thoroughly in all relevant categories to confirm uniqueness.
Step 2: Determine the Appropriate Trademark Class
All goods and services are divided into 45 trademark classes as per the Nice Classification system. Classes 1 to 34 cover goods, and Classes 35 to 45 cover services. You must choose the correct class that fits your product or service. Selecting the wrong class may result in rejection or render your registration ineffective. Refer to the official classification list to find the right category.
Step 3: Prepare the Application
You must collect all required documents before applying. These include the applicant’s identity proof, address proof, details of the business, and a clear image of the trademark (if it contains a logo or design). You must ensure all the details match across documents. Any error or mismatch can result in delays or objections from the Trademark Office.
Step 4: File the Trademark Application (Form TM-A)
You must submit Form TM-A to apply for trademark registration. You can file it online through the Comprehensive e-Filing portal on the official trademark website or in person at the nearest Trademark Registry Office. You must mention the correct trademark class, business details, and applicant details. You must also pay the required government fee. The fee differs for individuals, startups, and companies.
Step 5: Examination by the Trademark Office
After submission, the Trademark Office reviews the application. The Examiner checks whether the trademark is unique and not similar to any existing mark. The Examiner also verifies all submitted documents. If the application meets all requirements, it moves to the next step. If there are any errors or legal concerns, the examiner objects.
Step 6: Objection (if applicable)
If the Examiner finds a problem, you receive an official notice. You must reply within 30 days from the date of the notice. Your reply must address the issues raised. Supporting documents can be submitted to strengthen the case. In some situations, you may need to appear for a personal hearing. If you fail to respond or attend the hearing, the application will be rejected.
Step 7: Publication in the Trademark Journal
If your application clears the examination or the reply is accepted, it gets published in the Trademark Journal. This step allows the public to view your trademark. Any third party who finds a valid reason can object to the registration. The period for filing an opposition is four months from the date of publication.
Step 8: Opposition Proceedings (if any)
If someone files an opposition, both you and the opposing party must submit evidence and arguments. The Registrar of Trademarks examines the submissions from both sides. After a detailed review, the Registrar decides whether to accept or reject the application. If no opposition is filed or if the decision is in your favour, the registration process continues.
Step 9: Registration and Issuance of Certificate
Once your trademark clears all previous stages, the Registrar approves the application. You receive an official Registration Certificate. Your trademark becomes valid for ten years from the date of the application. You can renew it every ten years to maintain your exclusive rights.
Conclusion
In India, various types of applicants qualify for trademark registration. This includes individuals, startups, partnerships, registered companies, and foreign entities. A large business setup is not a requirement for filing a trademark. The key is to meet the legal criteria and apply under the correct applicant name. Knowing who is eligible for trademark ensures that the process follows the law. A registered trademark safeguards brand identity and helps establish trust in the competitive market. If you want to register a trademark for your business, contact Online Legal India to get assistance from their professionals.
Yes, an individual can register a trademark even without owning a business. The person must apply in their name and mention the proposed use of the trademark.
Yes, foreign companies or individuals can apply for a trademark in India. They must provide their official name and an address for service within India.
No, a sole proprietorship must apply using the proprietor’s name, as the firm has no separate legal identity.
No, the application must include the names of all active partners, as the partnership firm is not considered a separate legal entity.
Yes, a One person Company can register a trademark in its name, as it has a separate legal identity under Indian law.
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