Cardiff Services

Trademark Registration

What is Trademark Registration in India?

Trademark registration in India is a formal legal process that grants individuals, businesses, or organizations exclusive ownership rights over a distinctive mark—such as a name, logo, slogan, symbol, design, or combination thereof—used to represent their brand, product, or service. Trademark registration plays a vital role in safeguarding intellectual property rights (IPR) and helps differentiate your brand from competitors in a highly competitive marketplace.

 

Under the Trade Marks Act, 1999, any individual, company, LLP, startup, MSME, or proprietorship engaged in trade or commerce can apply for online trademark registration in India through the official IP India portal. Once filed, the trademark application undergoes examination, publication in the Trademark Journal, and upon clearance of any objections, the Trademark Registration Certificate is issued by the Controller General of Patents, Designs and Trade Marks (CGPDTM) under the Ministry of Commerce and Industry, Government of India.

Trademark Registration for New or Existing Businesses

Whether you are launching a new business or already operating an established company, trademark registration should be one of the first steps in your brand protection strategy. Cardiff Service Company assists clients not only with trademark search reports and filing but also with the end-to-end registration process in India, ensuring you receive your Trademark Registration Certificate smoothly.

Who Can Apply for Trademark Registration in India?

Trademark registration in India is not limited to large corporations. Under the Trade Marks Act, 1999, a wide range of applicants can apply for trademark protection, provided they are using (or intend to use) the mark for their business, product, or service. Whether you’re an individual entrepreneur, startup, MSME, or multinational enterprise, you are eligible to apply for trademark registration in India.

At Cardiff Service Company, we help businesses and individuals identify the right category and guide them throughout the trademark filing process.

Here’s a detailed breakdown of who can apply:

1. Individual (Person)

Any person, such as a sole proprietor or independent entrepreneur, can apply for trademark registration in their own name. No registered business entity is required.
Example: A freelance graphic designer or YouTuber registering their personal logo or brand name.

2. Proprietorship Firm

A sole proprietorship can register a trademark in the proprietor’s name, as proprietorships do not have a separate legal identity.
Note: The business name can be added as “trading as [Business Name]” in the application.

3. Partnership Firm / LLP (Limited Liability Partnership)

Both registered and unregistered partnership firms and LLPs can apply. In partnerships, all partners’ names must be mentioned in the application. An LLP, being a separate entity, can file in its own name.

4. Private Limited Company / Public Limited Company / One Person Company (OPC)

Companies incorporated under the Companies Act, 2013 (or earlier versions) are recognized as separate legal entities and can apply for a trademark in their own name.
Example: A tech startup registered as a Private Limited Company applying for brand name and app logo protection.

5. Trusts / Societies / NGOs

Registered non-profit organizations, such as trusts, societies, and Section 8 companies, can apply if the trademark is used for branding charitable services or initiatives.

6.Foreign Nationals and Foreign Entities

Under Indian trademark law, foreign nationals, companies, or international organizations can also apply for trademark registration in India, whether or not they have a business presence in the country. They can claim proposed-to-be-used status for their applications.

7. Startups and MSMEs

Startups recognized by DPIIT and registered Micro, Small, and Medium Enterprises (MSMEs) can avail reduced government fees for trademark registration, making protection more affordable and accessible.

Different Types of Trademarks in India

Trademark registrations in India can be categorized into various types, each serving a specific purpose in protecting brands and businesses:

 

  • Product Mark: Used for goods or tangible products such as clothing, packaged goods, electronics, etc.

  • Service Mark: Identifies services offered by businesses, including consulting, education, healthcare, and entertainment.

  • Collective Mark: Represents a collective group, organization, or association, indicating the standards or characteristics linked with that group.

  • Certification Mark: Demonstrates compliance with specific standards or quality checks, assuring consumers of the product’s or service’s origin and authenticity.

  • Shape Mark: Protects the unique shape, packaging, or 3D form of a product, making it instantly recognizable to consumers.

  • Sound Mark: Safeguards distinctive sounds or jingles associated with a product or service, like iconic brand sound logos.

  • Pattern Mark: Protects recurring designs or unique patterns that distinguish goods or services in the marketplace.

Each type of trademark provides tailored protection for different business needs, strengthening brand identity and enhancing recognition in the competitive market.

At Cardiff Service Company, we help you choose the right trademark type based on your business model and ensure smooth filing, protection, and enforcement under Indian trademark law

Documents Required for Trademark Registration in India

When applying for trademark registration in India, certain key documents must be submitted with the application. Whether you are an individual, startup, MSME, LLP, or company, keeping these documents ready ensures a faster and smoother online trademark filing process with the Indian Trademark Registry.

 

Basic Documents

  • Applicant’s Identity and Address Proof: PAN card and Aadhaar card (for individuals); Certificate of Incorporation or Partnership Deed (for entities).

  • Trademark Image/Logo (if applicable): JPEG format (200×200 pixels). Not needed for wordmarks.

Legal Authorizations

  • Form TM-48 (Power of Attorney): Mandatory for all applicants; allows an attorney to file on your behalf.

Usage & Concessions

  • User Affidavit: Required if the trademark is already in commercial use before the filing date.

  • Startup/MSME Certificate: To avail reduced government trademark filing fees (₹4,500).

Contact Details

  • Email ID & Mobile Number: Required for OTP verification and communication.

At Cardiff Service Company, we guide you step-by-step in compiling and filing all necessary documents, ensuring a seamless trademark registration experience that is legally compliant and hassle-free.

Procedure for Online Trademark Registration in India

The trademark registration process in India involves several important steps. At Cardiff Service Company, we simplify the process and ensure smooth filing with the Indian Trademark Registry.

 

Step-by-Step Process

  1. Trademark Search
    Conduct a Trademark Search to check the availability of the desired name/logo and identify potential conflicts with existing registered trademarks.

  2. Document Preparation
    Collect and prepare necessary documents including identity proof, address proof, trademark details, and a signed Power of Attorney (Form TM-48).

  3. Filing of Application
    Submit the trademark application online with the Registrar of Trademarks. Online filing is faster and more cost-effective than offline methods.

  4. Trademark Examination
    The Registrar examines the application for compliance with legal requirements and issues an Examination Report, highlighting objections if any.

  5. Publication in Trademark Journal
    Once approved, the trademark is published in the Trademark Journal to allow the public to raise objections within a stipulated time.

  6. Trademark Opposition
    Any third party can oppose the trademark within 4 months of publication. If no opposition is raised, the application proceeds to the next stage.

  7. Trademark Registration
    Upon successful completion of examination and publication, the Trademark Registration Certificate is issued by the Trademark Registry of India, granting you exclusive rights over your brand.

Trademark Renewal and Maintenance in India

A registered trademark in India is valid for 10 years from the date of application. To maintain its legal protection and exclusive rights, the trademark must be renewed every 10 years by filing a Trademark Renewal Application with the Trademark Registrar.

Failing to renew on time can lead to removal of the trademark from the official register, resulting in loss of rights and exposing your brand to misuse.

 

Trademark Post-Registration Services

Apart from renewal, trademark owners may also require additional post-registration services, including:

  • Trademark Assignment – Legal transfer of ownership of a registered trademark to another person or entity.

  • Trademark Licensing – Granting rights to another party to use your trademark under defined conditions.

  • Trademark Enforcement – Taking legal action against trademark infringement or unauthorized use to safeguard your brand’s identity.

At Cardiff Service, we offer complete assistance in trademark renewal, assignment, licensing, and enforcement, ensuring uninterrupted protection of your intellectual property.

Frequently Asked Questions

A company name search ensures that your chosen business name is unique, legally compliant, and not already registered with Companies House UK. It helps you avoid legal disputes, trademark issues, and confusion in the Cardiff business market.

If your desired name is already registered, you’ll need to choose a different name or modify it. Using a taken name could result in rejection by Companies House or potential legal issues. Our experts can help you brainstorm alternative names that are compliant and market-ready.

It’s not advisable to use a name that’s too similar to another company, especially within the same industry. Similar names can confuse customers and risk trademark disputes. A company name search helps you identify these risks early.

For a company name search in Cardiff, you may need:

  • Proposed company name

  • Business entity type (Ltd, LLP, Partnership, etc.)

  • Jurisdiction (Cardiff / UK)

  • Owner or shareholder details (if applicable)

  • Business description

A “high probability” result means your proposed company name is likely to be available, but further checks are recommended. This is why our detailed Cardiff Company Name Search Report includes both identical and similar names for clarity.

Certain words are restricted under UK law (e.g., “bank,” “insurance,” “government”). If you want to use them, you’ll need special approval from regulatory bodies. We guide you through this process if your Cardiff business requires such terms