Are you aware that large number of Trademark Applications get objected to at the initial stage by the Indian Trademark Office? Learn how to create a unique Trademark to increase the chances of it getting registered.
A trademark should be unique as it identifies and distinguishes your goods or services from competitors. Under the Indian Trademarks Act, 1999, there are various components that you can include in your trademark.
There are benefits of going beyond Trademark that includes only words, because creating a Trademark using only words, may increase chances of it resulting into being same or similar to any prior existing Trademark, which will be objected by the Indian Trademark Office.
In this article, we will discuss:
✅ What can be registered as a trademark under the Indian Trademarks Act, 1999
✅ Best practices to improve the chances of approval by the Indian Trademark Office
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A. What Can Be Registered as a Trademark in India?
Let’s understand what are the allowed Components that can be incorporated into a Trademark (As per Section 2 of the Trademarks Act, 1999) –
Words & Names: Unique names, words, or coined terms (e.g., Google, Tata).
Logos & Symbols: Distinctive graphic designs or emblems.
Taglines & Slogans: Catchy phrases that define the brand (e.g., Nike’s “Just Do It”).
Letters & Numerals: Can be registered if they have distinctiveness (e.g., 7-Eleven).
Shapes of Goods: Unique product packaging shapes (e.g., the Coca-Cola bottle).
Sound Marks: Unique sounds associated with the brand (e.g., Nokia ringtone).
Colors & Combinations: A specific color scheme associated with the brand (e.g., Cadbury’s purple).
Three-Dimensional Marks: 3D product features that are unique.
Motion Marks: Logos or animations that change over time.
B. What Cannot Be Registered as a Trademark?
(Section 9 of the Act)
After understanding what can be included in your Trademark, let’s also see what you cannot include to prevent objection to its Registration:
❌ Generic terms (e.g., “Soap” for a soap brand)
❌ Deceptive marks (misleading public)
❌ Offensive or immoral words/symbols
❌ Names of places or common surnames
❌ National symbols (e.g., Ashoka Chakra, National Emblem)
❌ Identical marks already registered
Now let’s see how to further improve the chances of your Trademark being approved.
C. How to Create a Trademark That Gets Approved?
Step 1: Brainstorm & Choose a Unique Trademark
✔ Avoid common words or generic terms.
✔ Create a coined word (e.g., Kodak, Xerox).
✔ Combine words in an unusual way (e.g., FaceBook).
✔ Check phonetic uniqueness (e.g., “Kwik” instead of “Quick”). Example: Instead of naming a clothing brand “Fashion Wear,” use “Fashique” for uniqueness.
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Step 2: Conduct a Trademark Search
If a similar mark exists, modify yours for uniqueness.
Step 3: Select the Right Trademark Class –
India follows the Nice Classification system with 45 classes.
– Classes 1-34 cover products, and classes 35-45 cover services. – Choosing the wrong class can lead to rejection.
Example:
Class 25: Clothing brands
Class 9: Software and electronics
Class 41: Education and training
Step 4: Design a Trademark Logo (If Applicable)
If registering a logo, ensure it’s distinctive and visually appealing.
Avoid generic symbols like “stars, globes, or check marks”.
– Use high-resolution graphics for clarity.
Example: Apple’s bitten apple logo is simple yet unique.
Step 5: File the Trademark Application. There are two filing options:
✅ Online Filing (via IP India website) – Recommended for faster processing.
✅ Offline Filing (through Trademark Office) – Slower and requires physical submission.
Government Fees: –
₹4,500 for individuals/startups (online filing)
₹9,000 for companies (online filing)
Upon submission of TrademarkApplication, you’ll receive a Trademark Application number.
Step 6: Trademark Examination & Reply to Objections
The Trademark Office examines your application and may raise objections under the following sections of Trademark Act: –
Section 9 (lack of distinctiveness)
Section 11 (similar marks already exist)
How to improve approval chances?
✔ Ensure uniqueness before applying.
✔ If objected, respond with legal arguments and proof of distinctiveness.
✔ Submit proof of prior use (invoices, ads, domain name) if applicable.
Step 7: Publication in Trademark Journal
If no objections, your trademark is published in the Trademark Journal
Waiting period:
4 months for any opposition from the public.
If no opposition, your trademark moves to registration.
Step 8: Trademark Registration & Certificate
If there’s no opposition, the Trademark Office grants registration. You receive a Trademark Registration Certificate (TM-RC).
Your trademark is now legally protected for 10 years (renewable).
D. Tips to Improve Trademark Acceptance Rate
✔ Ensure uniqueness before applying.
✔ Use invented words rather than descriptive ones.
✔ Avoid similarities with existing marks.
✔ Choose the correct class of goods/services.
✔ File early to secure priority rights.
✔ Respond promptly to objections and legal notices.
E. Benefits of Trademark Registration in India
✅ Legal protection against copycats.
✅ Brand recognition and customer trust.
✅ Exclusive rights for 10 years (renewable).
✅ Valuable business asset (can be sold/licensed).
✅ Helps in global registration (via Madrid Protocol).
Creating a strong, legally valid trademark is crucial for brand protection in India. By following the right process, choosing a unique mark, and addressing legal requirements, you can significantly improve the chances of approval by the Indian Trademark Office.
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