A Trademark is generally referred to a word, phrase, symbol or logo , tagline, numbers, brand names, packaging labels , design, or a combination thereof, that identifies and distinguishes the source of the goods/services of one manufacturers or merchants or service providers to identify their own goods /services from those of others. Trademarks are protected by intellectual property rights.


Exclusive Rights to the Registered Owners

Building up Trust and Goodwill

Right to Use of ® symbol

Legal Protection against the infringement

Validity for 10 Years and may then be renewed
for a peroid of further 10 years with prescribed fee

Trademark Registration in India



The ® symbol stands for registered trademark & notifies the public that the firm is exclusively claiming the ownership rights over the said mark. This symbol helps to protect the trademark from getting copied by others.



The ™ symbol stands for an unregistered trademarks. It is used to promote or brand goods.



This symbols stands for Service Marks - The service industry uses this symbol. It is used to promote or brand services, typically unregistered. The symbol is applicable for classes from 35 to 45.

Absolute Grounds for Objection / Refusal of Trademark Registration

Lack of distinctiveness (Section 9)

Similarity with pending or registered marks (Section 11)

Usage of geographical names,

International proprietary names

Offensive or obscene words as a part of or as a trademark

Trademark is prohibited under the Emblem and Names Act, 1950

The mark is scandalous, obscene or immoral

The mark is customary in the current language or in the established practices of business

Trademark Opposition

If any third party came up with similar / identical mark and applied for registration. Still you have ground to oppose them from getting registration. Section 21 of the Trademarks Act, 1999 states that ‘any person’ can file the Notice of Opposition. It can be an individuals, companies, partnership firms, and trusts. There are various Grounds for filing a Trademark Opposition in respect of an Application. We constantly watch trademark Journal and supports you in every aspect from usurping the mark by any third party.

The trademark is similar or identical to an earlier or existing registered trademark.

The mark is likely to deceive the public or cause confusion.

The mark is prohibited under the Emblem and Names Act, 1950

The mark is customary in the current language or in the established practices of business

Infringement of Trademark

Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark.

The remedies awarded by the court in case of infringement

  • Temporary injunction
  • Permanent injunction
  • Damages

Trademark Act 1999 – PDF

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