Trademark Registration

Under Section 7(1) of the Trade Marks Act, goods and services are classified by class, and the application must state the class or classes sought. A single-class filing protects only the goods or services in that class. If you need protection in more than one class, each class must be covered separately. (Trade Marks Act, 1999, s. 7(1))

The Act does not prescribe one fixed total timeline. The process moves through application under Section 18, advertisement under Section 20, a 4-month opposition window under Section 21, and registration under Section 23 if the mark is allowed. If there are objections or opposition, the matter can take several months longer. (Trade Marks Act, 1999, ss. 18, 20, 21, 23)

No. Company name approval or incorporation is separate from trademark rights, and statutory exclusivity comes from the Trade Marks Act. Section 28 gives exclusive rights to the registered proprietor, while Section 27 preserves the position for unregistered marks except for passing off. (Trade Marks Act, 1999, ss. 27, 28)

For current e-filing, the official fee is Rs. 4,500 per class for individuals, startups and small enterprises, and Rs. 9,000 per class for all other applicants. Paper filing is higher under the same fee schedule. The fee is payable per class, not once for all classes. (Trade Marks Rules, 2017, First Schedule; IP India fee schedule)

Yes. Section 18 allows an application for a mark used or proposed to be used, so promoters can file before incorporation if the filing is structured correctly. The filing right does not depend on already having a company registration certificate. (Trade Marks Act, 1999, s. 18(1))

Section 21 allows any person to oppose an advertised application within four months of publication. If opposition is filed, the Registrar considers evidence and hearing material before deciding whether to proceed. A successful opposition can stop the registration or narrow the scope of the mark. (Trade Marks Act, 1999, s. 21)

A registered trademark lasts for 10 years from the date of registration and can be renewed every 10 years. Renewal is by application and payment of the prescribed fee. If the fee is not paid, the mark can be removed from the register under the Act. (Trade Marks Act, 1999, ss. 25-26)

The Act only prescribes the renewal mechanism; whether HRA handles it is a service-scope question, not a statutory one. If renewal is included in your engagement, HRA can file the renewal request before expiry under Section 25. If it is not included, the legal renewal right still sits with the proprietor. (Trade Marks Act, 1999, s. 25)