Trademark FAQs
By Sumeet Agrawal | Updated on April 11, 2025 | 14 min read
Welcome to our comprehensive Trademark Frequently Asked Questions section. Here you’ll find clear, concise answers covering everything from selection to registration. Whether you’re an entrepreneur, legal professional, or curious consumer, these FAQs will guide you. Learn about the functions, benefits, and procedures involved in trademark protection. Explore essential details on fees, legal sources, and managing your trademark rights effectively.
Q: What is a trademark?
A trademark is a visual symbol—such as a word, device, label, numerals, or a combination of colours—used by one business to distinguish its goods or services from those of others. It must be capable of being represented graphically, serve to distinguish the origin of goods/services, and be used or intended to be used in trade.
Q: How to select a good trademark?
A strong trademark is easy to pronounce, spell, and remember. Invented or coined words and distinctive logos or designs work best. Avoid generic terms, geographical names, common surnames, or descriptive words like “best” or “super,” as these cannot be monopolized.
Q: What is the function of a trademark?
Trademarks perform four key functions: they identify the source of goods/services; guarantee consistent quality; serve as advertising and branding tools; and foster consumer trust and goodwill.
Q: Who can apply for a trademark and how?
Any individual or entity claiming to be the proprietor of a trademark may apply. The application (in English or Hindi) must specify the mark, the goods/services, applicant details, and period of use. Filing can be done in person at the Trademark Office counter, by post, or online via the official e‑filing portal.
Q: What types of trademarks can be registered in India?
Eligible marks include words (including personal names), invented or arbitrary words, letters or numerals, devices or symbols, monograms, combinations of colours, three-dimensional shapes, and sound marks that are graphically represented.
Q: Who benefits from trademark registration?
Registered proprietors gain exclusive rights to use the mark and can prevent unauthorized use. Consumers benefit by associating quality and origin with a brand. The government collects registration fees, and legal professionals offer advisory services.
Q: What are the benefits of registering a trademark?
Registration confers exclusive rights (denoted by ®) to use the mark in relation to the registered goods/services, and provides statutory remedies against infringement, subject to any conditions noted in the Register.
Q: What are the formalities and government fees for major trademark transactions?
Key transactions and fees include:
• New application (Form TM‑1): ₹4,000 per class
• Opposition (Form TM‑5): ₹2,500 per class
• Renewal (Form TM‑12): ₹5,000 per class
• Late renewal surcharge (Form TM‑10): ₹3,000 per class
• Restoration (Form TM‑13): ₹5,000 per class
• Rectification (Form TM‑26): ₹3,000 per class
• Certificate (Form TM‑46): ₹500
• Copyright search certificate (Form TM‑60): ₹5,000
Note: Government fees can change over time.
Q: What are the sources of trademark law?
Primary sources include the Trade Marks Act, 1999 and its Rules; international treaties (e.g., Paris Convention); bilateral and regional agreements; judicial decisions; IP Office guidelines; and scholarly commentary.
Q: What does the Register of Trademarks contain?
The electronic register records the mark, class, goods/services description, proprietor details, dates of application and registration, and any limitations or consents affecting rights.
Q: Can corrections be made in the application or register?
Yes, subject to the condition that the trademark’s identity is not substantially altered. Corrections follow procedures outlined in the Rules and require approval by the Registrar.
Q: Can a registered trademark be removed from the register?
Removal may be requested by application to the Registrar if the mark is wrongly remaining on the register, or the Registrar may issue a notice for removal suo moto.