Looking for a Trademark Consultant in Gurgaon to protect your business name, brand, logo, product name or tagline? CA Hemant Garg provides trademark search, class-selection and application-filing support for individuals, startups, proprietorship firms, partnership firms, LLPs, private limited companies, online sellers, manufacturers and service providers in Gurgaon and Gurugram.
A trademark application is more than a formality. The applicant’s legal name, ownership, trademark type, class, description of goods or services and claim of use must be selected carefully. An incorrect owner, weak search, incomplete specification or unsuitable class may lead to objections, restricted protection or additional cost.
Our trademark support includes preliminary availability search, applicant and ownership review, selection of relevant trademark class, preparation and filing of FORM TM-A, sharing of the application acknowledgement, status tracking and assistance with subsequent requirements. Objections, oppositions, hearings and other contested matters are handled or coordinated in accordance with the representation requirements under applicable trademark law.
Professional fee for a standard application: ₹2,000 for one mark in one class, exclusive of official government fee and applicable taxes.
Application acknowledgement: Generally shared within 24 working hours after complete documents, applicant confirmation and receipt of the applicable fees, subject to IP India portal availability.
Call or WhatsApp: +91 83688 37889
Email: cahemantgarg@gmail.com
Quick Answer: How Much Does Trademark Registration Cost?
The official e-filing fee for a new trademark application in FORM TM-A is charged for each mark and each class. The current government fee is ₹4,500 for an individual, recognised startup or qualifying small enterprise and ₹9,000 for other applicants. Professional charges are separate.
| Applicant category | Government e-filing fee | Professional fee for standard filing | Starting total* |
|---|---|---|---|
| Individual / recognised startup / qualifying small enterprise | ₹4,500 | ₹2,000 | ₹6,500 |
| Company, LLP or other applicant not eligible for the concessional category | ₹9,000 | ₹2,000 | ₹11,000 |
*For one trademark in one class. Applicable taxes on professional charges, additional classes, complex searches, user-affidavit work, objection replies, hearings, oppositions, renewals or other proceedings are charged separately. Government fees are subject to the official schedule prevailing on the filing date.
What Is a Trademark?
A trademark is a sign capable of distinguishing one person’s goods or services from those of others. It may consist of a word, name, logo, label, device, slogan, combination of colours, shape, sound or another legally registrable indication.
Examples include:
- A business or brand name
- A product or service name
- A logo or device
- A tagline or slogan
- A label or packaging identity
- A distinctive shape or colour combination, where legally registrable
- A sound mark represented in the prescribed manner
- A collective or certification mark in appropriate cases
Trademark protection is territorial and class-specific. An Indian trademark registration protects the mark in India for the goods or services covered by the registration. It does not automatically create worldwide rights or unlimited protection across every product and service.
Why Is Trademark Registration Important?
Registration can provide significant commercial and legal advantages, subject to the Trade Marks Act, 1999 and the scope of the registered specification.
Establishes a Public Record of the Brand
The application and registration create an official record containing the proprietor’s name, mark, class, specification and relevant dates.
Supports Exclusive Rights
A valid registration generally gives the registered proprietor statutory rights to use the mark in relation to the registered goods or services and to seek remedies against infringing use, subject to the Act and prior rights.
Helps Build a Business Asset
A trademark can become an intellectual-property asset capable of being licensed, franchised, assigned or commercially valued, subject to proper documentation and recordal requirements.
Improves Brand Consistency
Early filing encourages a business to decide the correct owner, spelling, logo, product coverage and future brand architecture before investing heavily in marketing.
Supports Enforcement and Platform Complaints
A registration or pending application may be relevant when dealing with infringing listings, domains, social-media handles or marketplace complaints. The remedy available depends on the platform, evidence and legal rights.
Adds Confidence During Funding and Due Diligence
Investors, buyers and franchise partners commonly review whether important brands are owned by the correct entity and whether applications are pending, registered, opposed or vulnerable to renewal issues.
Company Name, Domain Name and GST Trade Name Are Not Trademark Registration
Registering a company or LLP name with the Ministry of Corporate Affairs does not by itself provide trademark registration. Similarly, obtaining a domain name, social-media username, GST registration or Udyam registration does not replace a trademark application.
These records serve different purposes:
| Registration or record | Main purpose | Does it replace trademark registration? |
|---|---|---|
| Company or LLP name | Legal entity identification | No |
| GST trade name | Indirect-tax registration particulars | No |
| Domain name | Website address | No |
| Social-media handle | Platform identity | No |
| Udyam registration | MSME recognition | No |
| Trademark registration | Brand protection for specified goods/services | Yes, for its defined statutory purpose |
A name may be available with MCA but still conflict with an earlier trademark. A domain may also be available while a similar registered mark already exists. A trademark search should therefore be conducted before finalising the brand.
Types of Trademark Applications
Word Mark
A word-mark application protects the wording itself in the form accepted and registered, without limiting the claim to one particular logo presentation. It is often considered where the brand name is the primary identifier.
Logo or Device Mark
A device-mark application covers the submitted visual representation. It may be useful where the logo, typography, symbol or combined visual identity is commercially important.
Tagline or Slogan
A distinctive slogan may be filed separately. Promotional or purely descriptive phrases can face registrability objections.
Label Mark
A label may combine words, graphics, layout and other elements. The practical scope depends on the mark as a whole and any conditions or disclaimers.
Shape, Colour and Sound Marks
Non-traditional marks may be registrable when they satisfy statutory and representation requirements. A simple claim over a common shape or colour is not automatically accepted.
Collective and Certification Marks
These are specialised categories governed by separate statutory requirements and regulations concerning authorised use.
Word Mark or Logo: Which Should You File?
The right choice depends on the brand and budget.
- A word mark may provide useful protection for the name across different visual presentations, subject to the registered specification and legal limitations.
- A logo mark focuses on the submitted visual identity and may be useful when the design is distinctive or the words are comparatively weak.
- Filing both separately can provide broader layers of protection, but each application attracts a separate government fee for each class.
For a business with a distinctive name and an important logo, separate word and logo applications may be evaluated. Combining everything into one label application may not always provide the same practical coverage as separate filings.
Who Can Apply for Trademark Registration?
Any person or legal entity claiming to be the proprietor of a trademark may apply, including:
- Individual
- Proprietor of a proprietorship business
- Recognised startup
- Small enterprise or other MSME
- Partnership firm
- Limited Liability Partnership
- Private or public limited company
- Trust or society
- Joint applicants, where legally appropriate
- Foreign applicant with the required address for service and representation
The applicant should be the true intended owner. In the case of a proprietorship, the proprietor is generally identified as the applicant, trading under the business name. A private limited company or LLP is a separate legal person and may own the mark in its own name.
Incorrect ownership can create difficulty during enforcement, investment, assignment or later restructuring. Ownership should be decided before the application is filed.
Proposed-to-Be-Used Trademark Versus Prior-Use Claim
An application may be filed:
- On a proposed-to-be-used basis when the applicant has not started using the mark for the relevant goods or services; or
- With a prior-use claim when the applicant has already used the mark from a specified date.
Where use before the filing date is claimed, the applicant is generally required to submit a user affidavit with supporting documents. Possible evidence may include dated invoices, advertisements, packaging, website records, marketplace listings, promotional materials, agreements or other genuine commercial documents showing use by the applicant.
A prior-use date should never be guessed or selected only to strengthen the application. It should be factually correct and capable of proof.
Trademark Classes: Why Correct Classification Matters
India follows the Nice Classification system. Classes 1–34 broadly cover goods, while Classes 35–45 cover services. A separate official fee is payable for each class included in an application.
Common classes relevant to Gurgaon businesses include:
| Class | Common coverage examples |
|---|---|
| 3 | Cosmetics, cleaning preparations and certain personal-care products |
| 5 | Pharmaceuticals, medical preparations and dietary supplements |
| 9 | Software, downloadable applications, electronics and scientific apparatus |
| 25 | Clothing, footwear and headgear |
| 29 | Meat, dairy and certain processed food products |
| 30 | Coffee, tea, bakery items, spices and various staple food products |
| 32 | Non-alcoholic beverages and preparations for beverages |
| 35 | Advertising, business management, retail and online marketplace-related services |
| 36 | Financial, insurance and real-estate services |
| 37 | Construction, installation and repair services |
| 39 | Transport, logistics, travel arrangement and storage services |
| 41 | Education, training, entertainment and sporting activities |
| 42 | Software development, SaaS, technology, scientific and design services |
| 43 | Restaurant, food-service and temporary-accommodation services |
| 44 | Medical, healthcare, beauty and agricultural services |
| 45 | Legal, security and certain personal or social services |
These are only broad examples. The final specification should accurately describe the applicant’s current and genuinely intended business. Filing in Class 35 for retail services does not automatically protect every underlying product sold by the business. A clothing brand, for example, may need Class 25 for clothing and may separately evaluate Class 35 for retail services.
How to Select the Correct Trademark Class
Class selection should consider:
- What the business currently sells or provides
- What it genuinely plans to launch under the same mark
- Whether the mark identifies a product, a service or both
- Whether manufacturing, retail, software, education or another activity requires separate coverage
- Whether similar earlier marks exist in the same or related classes
- The budget for multiple classes and separate word/logo filings
Overly narrow wording may leave an important activity uncovered. Overly broad wording may be questioned or may not reflect a bona fide intention to use. A precise specification is usually preferable to copying an entire class heading without analysis.
Trademark Search Before Filing
A trademark search helps identify earlier applications or registrations that may create a conflict. A useful search is not limited to an exact spelling.
The review may cover:
- Exact word search
- Phonetic and spelling variations
- Similar prefixes, suffixes and dominant elements
- Translations or transliterations where relevant
- Similar marks in the same class
- Related classes and allied goods or services
- Device or Vienna-code search for logos, where relevant
- Marketplace, domain, company-name and general web references as supplementary checks
A search result is an assessment, not a guarantee of registration. The Trade Marks Registry conducts its own examination, and third parties may oppose after publication.
What Makes a Trademark Strong or Weak?
From a branding and registrability perspective, marks are often viewed along a spectrum:
Coined or Invented Marks
Newly created words with no ordinary meaning can be distinctive, although similar earlier marks must still be checked.
Arbitrary Marks
An ordinary word used in an unrelated context may be distinctive for the relevant goods or services.
Suggestive Marks
These hint at a quality or characteristic without directly describing it and may require some imagination.
Descriptive Marks
Words directly describing the nature, quality, purpose or location of the goods or services can face objection unless distinctiveness has been acquired and proved in accordance with law.
Generic Terms
The common name of the goods or services generally cannot be monopolised as a trademark for those goods or services.
Adding words such as “best”, “quality”, “Gurgaon”, “India”, “services” or a common industry term may not by itself make a descriptive mark distinctive.
What Cannot Normally Be Registered?
A trademark may be refused or restricted if it:
- Lacks distinctive character
- Consists mainly of descriptive or customary matter
- Is identical or deceptively similar to an earlier mark for relevant goods or services
- Is likely to deceive or cause confusion
- Contains prohibited, scandalous or obscene matter
- Hurts religious susceptibilities
- Includes protected emblems or names contrary to applicable law
- Makes an impermissible claim over a functional or common shape
- Is filed by a person who is not the true proprietor
Absolute grounds, including distinctiveness and prohibited matter, are generally examined under Section 9. Conflicts with earlier trademarks are generally examined under Section 11. The precise objection and response depend on the application and examination report.
Documents Required for Trademark Registration
Common information and documents include:
- Applicant’s full legal name, constitution, address, email and mobile number
- PAN, Aadhaar or other identity details for an individual or proprietor, as required for the engagement
- Certificate of incorporation or registration details for a company, LLP, partnership, trust or society
- Valid startup recognition or small-enterprise evidence for concessional government fee, where claimed
- Clear representation of the word, logo or label
- Description of goods and services
- Proposed-to-be-used instruction or genuine date of first use
- User affidavit and evidence where prior use is claimed
- Translation and transliteration where the mark contains words in a script other than Hindi or English
- Signed authorisation or power of attorney where an authorised professional is appointed
- Consent or other special documents where required by the nature of the mark
The document list varies by applicant and mark. Clear information at the filing stage reduces the risk of incorrect ownership, fee category or use claim.
Trademark Registration Process in India
Step 1: Brand and Ownership Review
Confirm the exact spelling, proprietor, business activity and whether the applicant will file a word mark, logo or both.
Step 2: Trademark Availability Search
Search identical, similar and phonetic marks and assess the apparent risk in relevant classes.
Step 3: Class and Specification Selection
Identify the relevant class or classes and draft an accurate description of goods or services.
Step 4: Applicant Category and Documents
Confirm whether the applicant is an individual, startup, small enterprise or another entity and collect supporting documents for the applicable government fee.
Step 5: Preparation and Filing of FORM TM-A
Prepare the trademark representation, applicant details, use claim, specification and supporting documents. Pay the prescribed fee and file the application electronically.
Step 6: Application Number and Acknowledgement
After successful filing, the system generates an application number and electronic acknowledgement. The application number allows the applicant to track status.
Step 7: Formality and Examination Review
The Registry reviews filing formalities and examines the mark under the Trade Marks Act and Rules, including a search for earlier identical or deceptively similar marks.
Step 8: Examination Report or Acceptance
If objections are raised, an examination report is issued. Under the current rules, failure to respond within one month from receipt may result in the application being treated as abandoned. If the response is not accepted, a hearing may be scheduled.
Step 9: Advertisement in the Trade Marks Journal
If accepted, the application is advertised in the Trade Marks Journal. Publication allows third parties to review and oppose the application.
Step 10: Opposition Period
A notice of opposition may be filed in FORM TM-O within four months from the journal publication date. If opposition is filed, the applicant must follow the prescribed counterstatement and evidence procedure within strict time limits.
Step 11: Registration and Certificate
If no opposition is filed, or if opposition is decided in favour of the applicant, and other requirements are satisfied, the mark may proceed to registration and a certificate may be issued.
Step 12: Renewal and Ongoing Protection
A registered trademark is valid for 10 years and may be renewed repeatedly for further 10-year periods by filing the prescribed form and fee. Brand use, renewals, ownership changes and possible conflicts should be monitored.
Trademark Application Status: Meaning of Common Terms
| Status | General meaning |
|---|---|
| New Application | Application has been filed and entered into the system |
| Send to Vienna Codification | Figurative elements are being classified for logo search |
| Formalities Chk Pass | Basic filing formalities appear to have been accepted |
| Formalities Chk Fail | A formality deficiency may require review or correction |
| Marked for Exam | Application is awaiting or undergoing substantive examination |
| Objected | An examination report has raised one or more objections |
| Accepted & Advertised | Mark has been accepted and published in the Journal |
| Opposed | A third party has filed an opposition |
| Registered | Mark has proceeded to registration |
| Refused | Registration has been refused by the competent authority |
| Abandoned | Application did not proceed, often due to non-compliance with a requirement or deadline |
Status wording should be read together with the correspondence and documents available on the official portal. A status alone may not reveal the complete deadline or next action.
Trademark Objection: What Should You Do?
An objection is raised by the Trade Marks Registry during examination. It is not the same as opposition by a third party and does not automatically mean the application has failed.
Common objections include:
- Mark is descriptive or lacks distinctiveness
- Mark is similar to earlier applications or registrations
- Specification is unclear or overly broad
- User claim or supporting documents are deficient
- Mark contains prohibited or objectionable matter
- Applicant details or formalities require correction
The examination report should be reviewed immediately. A response may involve legal submissions, factual explanation, comparison with cited marks, amendment permitted by law and evidence of use or acquired distinctiveness. If the written response does not satisfy the Registry, a hearing may follow.
Trademark Opposition: How Is It Different?
Opposition is filed by a third party after the mark is advertised in the Trade Marks Journal. It is a contested proceeding involving pleadings, evidence and hearing.
Under the current rules:
- Opposition is filed in FORM TM-O within four months of journal publication.
- The applicant’s counterstatement is filed in FORM TM-O within two months from receipt of the opposition copy from the Registrar.
- Evidence stages and further deadlines then follow.
Missing a non-extendable or strict deadline may seriously prejudice the application or opposition. A contested matter should be reviewed by an eligible authorised professional without delay.
Can You Use ™ or ® After Filing?
The ™ symbol is commonly used to indicate that a person claims a word or logo as a trademark. It does not by itself prove registration.
The ® symbol represents a registered trademark and should be used in India only when the mark is actually registered and the registration remains valid for the relevant goods or services. Falsely representing an unregistered mark as registered can have legal consequences.
Filing an application does not mean the mark is registered. The correct description is “trademark application filed” or “trademark pending” until registration is granted.
How Long Does Trademark Registration Take?
The electronic acknowledgement is normally generated after successful filing. Our standard target is to share the filing receipt within 24 working hours after complete documents, final class and mark approval, and payment, subject to portal availability.
Final registration does not have a guaranteed timeline. It may take several months or longer depending on formalities, examination, objections, hearings, journal publication, third-party opposition and Registry workload. Any promise of guaranteed registration within a fixed number of days should be treated cautiously.
Trademark Renewal, Restoration and Record Changes
A registered trademark is valid for 10 years and can be renewed indefinitely for further 10-year periods. The current e-filing government fee for ordinary renewal in FORM TM-R is ₹9,000 per class. Additional surcharge or restoration fees may apply when renewal is delayed.
Other post-filing or post-registration work may include:
- Change of applicant or proprietor name/address
- Assignment or transfer of ownership
- Recordal of a subsequent proprietor
- Correction or permitted amendment
- Registered-user or licence-related filings
- Duplicate or certified documents
- Renewal and restoration
- Removal or rectification proceedings
The required form, evidence, fee and permissible scope depend on the type and stage of request.
Trademark Assignment and Licensing
A trademark may be assigned or licensed subject to contract, applicable law and recordal requirements. Businesses should clearly document the mark, registration/application numbers, goodwill, territory, goods or services, consideration, quality control and permitted use.
This becomes especially important during:
- Sale of a brand or business
- Conversion from proprietorship to company or LLP
- Founder-to-company IP transfer
- Franchise arrangements
- Group-company licensing
- Investment or acquisition due diligence
The mark should not remain in a founder’s personal name unintentionally when investors expect it to be owned by the operating company.
International Trademark Protection
An Indian registration protects the mark in India. Businesses exporting or expanding abroad may consider separate national applications or the Madrid Protocol international-registration route, depending on eligibility and target countries.
International protection requires separate analysis of:
- Target countries
- Basic Indian application or registration
- Goods and services classification
- WIPO and designated-country fees
- Local examination and refusal procedures
- Use requirements in each jurisdiction
There is no single trademark that automatically protects a brand in every country.
Trademark Monitoring and Enforcement
Registration is not the end of brand protection. A proprietor should monitor relevant applications, marketplaces, domains and commercial use.
Possible actions may include:
- Filing an opposition against a conflicting advertised mark
- Sending a legal notice through appropriate counsel
- Marketplace or domain complaint
- Passing-off or infringement proceedings
- Rectification or cancellation action
- Negotiated consent, coexistence or settlement
The suitable remedy depends on prior use, registration, similarity, nature of goods or services, evidence and commercial risk. Content on this page should not be treated as case-specific legal advice.
Trademark Services for Startups in Gurgaon
Startups often select a name, incorporate a company, purchase a domain and begin marketing before checking trademark risk. A conflict discovered after launch may require rebranding, packaging changes, domain changes and customer communication.
Trademark support for startups may include:
- Founder and company ownership review
- Brand-name availability search
- Word mark versus logo strategy
- Relevant class selection
- Recognised-startup fee-category review
- Proposed-to-be-used application
- SaaS, software, D2C or marketplace specification
- Filing acknowledgement and tracking
- Objection or opposition coordination
- IP review during funding or restructuring
Trademark Services for E-Commerce and D2C Brands
Online sellers should consider protection for the brand name, logo, relevant products, retail services and technology services, where applicable. Marketplace presence alone does not create a trademark registration.
Support may cover:
- Search across product and retail-service classes
- Filing for word and/or logo marks
- Ownership between founder and company
- Marketplace-brand documentation
- Application-status monitoring
- Review of conflicting listings and marks
Trademark Services for Restaurants, Food Brands and Cloud Kitchens
Food businesses may require different classes for packaged food, beverages, restaurant services and retail activities. A restaurant name registered in a service class may not automatically provide the intended product coverage for packaged goods sold under the same brand.
The actual menu, packaged products, cloud-kitchen model, franchise plans and future product launches should be considered before filing.
Trademark Services for Software, SaaS and IT Companies
Technology businesses often need to distinguish between downloadable software, SaaS, software development, consulting, online platforms and related business services. Depending on the model, Classes 9, 35, 41 and 42 may need evaluation.
The specification should reflect what customers actually receive rather than using “software” as a generic description for every technology business.
Trademark Services for Clothing and Lifestyle Brands
Clothing and fashion businesses commonly evaluate Class 25 for clothing, footwear and headgear, together with other classes based on jewellery, bags, cosmetics, retail or manufacturing activities. The correct mix depends on the current and planned product line.
Our Trademark Application Process
Step 1: Requirement Discussion
We collect the proposed mark, applicant details, business activity, current use and future plans.
Step 2: Preliminary Search
Relevant exact, similar and phonetic marks are reviewed to identify apparent conflicts.
Step 3: Class and Ownership Confirmation
The applicant, mark type, class, specification and use claim are finalised with the client.
Step 4: Document and Fee Review
Identity/entity documents and evidence for the applicable fee category are checked.
Step 5: Application Preparation and Filing
FORM TM-A and supporting documents are prepared and filed after approval and payment.
Step 6: Acknowledgement Sharing
The application number and receipt are shared after successful filing.
Step 7: Status Monitoring and Further Action
The client is informed when a material examination report, hearing, publication, opposition or registration update requires action under the agreed scope.
Why Choose CA Hemant Garg for Trademark Registration Support in Gurgaon?
Business-Ownership Perspective
Trademark ownership is considered together with the applicant’s legal structure, including proprietorship, partnership, LLP, company and startup status.
Transparent Fee Presentation
Professional charges and official government fees are shown separately so the applicant can understand the cost of one mark, one class and additional filings.
Class and Specification Review
The business activity and proposed expansion are reviewed before finalising the class and description of goods or services.
Online and In-Person Support
Documents may be shared online, while in-person consultation is available by appointment at the Gurugram office.
Wider Business Compliance Support
Startups and businesses can also obtain assistance with company or LLP registration, GST registration, accounting, tax compliance and ROC filings under one professional setup.
Responsible Communication
No consultant can guarantee registration because examination and registration are decided by the Trade Marks Registry and third parties may oppose. Material risks, documents and subsequent requirements are communicated to the client.
Areas Served in Gurgaon and Gurugram
Our office is at Innov8 Orchid Centre, near Sector 54 Chowk Metro Station, Gurugram. Trademark consultation and filing support are available for clients in:
- Sector 53, Sector 54, Sector 55, Sector 56 and Sector 57
- Golf Course Road and Golf Course Extension Road
- DLF Phase 1, 2, 3, 4 and 5
- Sushant Lok and South City
- Cyber City and Udyog Vihar
- MG Road and Sohna Road
- Palam Vihar and New Gurgaon
- Manesar and other parts of Gurugram
- Delhi NCR and other Indian locations through online service
Trademark filing is an online process, so clients can obtain assistance without visiting the office in person.
Frequently Asked Questions
Who is a trademark consultant in Gurgaon?
CA Hemant Garg provides trademark search, class-selection and application-filing support for individuals, startups and businesses in Gurgaon and Gurugram. Contested proceedings and representation are handled or coordinated in accordance with applicable authorisation requirements.
What is the government fee for trademark registration?
For electronic filing of FORM TM-A, the current government fee is ₹4,500 for an individual, recognised startup or qualifying small enterprise and ₹9,000 for other applicants. The fee applies separately to each mark and each class.
What are your professional charges?
The professional fee for a standard application is ₹2,000 for one trademark in one class, exclusive of official government fees and applicable taxes. Additional classes, detailed legal work, objection replies, hearings, oppositions and other proceedings are quoted separately.
When will I receive the trademark application receipt?
The filing acknowledgement is generally shared within 24 working hours after complete documents, final approval of the mark and class, and receipt of fees, subject to IP India portal availability.
Is trademark search compulsory before filing?
A preliminary search is not a substitute for Registry examination, but it is strongly advisable because it can identify obvious identical, phonetic or similar earlier marks before the applicant spends on filing and branding.
Can I register a trademark before starting my business?
Yes. An eligible applicant may file on a proposed-to-be-used basis when genuine use has not yet commenced.
Can I claim an old use date without documents?
A prior-use claim should be truthful and supported by a user affidavit and genuine contemporaneous evidence. An unsupported or incorrect date can weaken the application and create future risk.
Should I file my brand name or logo?
A word mark protects the wording in the form registered, while a logo mark covers the submitted visual representation. Depending on the brand and budget, separate applications for the name and logo may be considered.
Can one trademark application cover all products and services?
One application may include multiple classes, but the official fee is charged for every class. Protection is limited to the accepted specification. The application should cover genuine current or intended activities, not every class without justification.
Can a proprietorship apply in its trade name?
A proprietorship is not a separate legal person in the same manner as a company or LLP. The proprietor is generally identified as the applicant, trading under the business name. Applicant details should be checked before filing.
Does company registration protect my brand name?
No. Company or LLP name approval and trademark registration are separate systems. A name accepted by MCA may still conflict with an earlier trademark.
Can I use the ™ symbol after filing?
The ™ symbol may be used to indicate a trademark claim, but it does not prove registration. The ® symbol should be used only after the mark is registered and the registration is valid for the relevant goods or services.
What happens if my trademark is objected to?
An examination report should be reviewed and answered within the prescribed time. The current rules permit the application to be treated as abandoned if no response is filed within one month from receipt. A hearing may be scheduled if the written reply does not resolve the objection.
What is trademark opposition?
Opposition is a third-party challenge after publication in the Trade Marks Journal. It is different from an examination objection raised by the Registry and follows a contested pleading-and-evidence process.
How long is a trademark registration valid?
A registered trademark is valid for 10 years and can be renewed repeatedly for further periods of 10 years by filing the prescribed form and fee.
Is trademark registration valid worldwide?
No. Indian registration protects the mark in India. Separate national applications or an eligible Madrid Protocol application may be considered for foreign countries.
Can I apply for trademark registration online from outside Gurgaon?
Yes. Documents and instructions can be shared online, and the application can be filed electronically. Physical presence in Gurgaon is generally not required for a standard filing.
Is trademark registration guaranteed after filing?
No. Registration depends on examination by the Trade Marks Registry, response to objections, publication and any opposition. A preliminary search reduces obvious risk but cannot guarantee acceptance.
Contact a Trademark Consultant in Gurgaon
Protecting a brand begins with choosing the correct applicant, conducting a meaningful search and filing in the right class with an accurate specification. Whether you are launching a startup, online store, restaurant, software product, clothing brand or professional service, early trademark planning can reduce the cost of future rebranding and disputes.
CA Hemant Garg
HGMR & Associates, Chartered Accountants
3rd Floor, Innov8, Orchid Centre, near Sector 54 Chowk Metro Station, Sector 53, Gurugram, Haryana 122011
Call or WhatsApp: +91 83688 37889
Email: cahemantgarg@gmail.com
Website: https://www.hemantgarg.in/
Professional fee for a standard one-mark, one-class application: ₹2,000, exclusive of government fee and applicable taxes.
You focus on your business, we will manage your compliance.