Trademark Registration & Protection
Protect Your Brand. Build Recognition Around It.
A brand name, logo or distinctive identity can become one of the most valuable assets of a business. Trademark registration provides a legal framework for protecting a mark in relation to the goods or services for which it is registered.
SmartIP helps businesses, startups and individuals search, assess, file and manage trademark registrations in India.
Trademark Services
Trademark Search
Search existing trademarks and relevant records to identify potentially conflicting or similar marks before filing.
Trademark Assessment
Evaluate the proposed mark for distinctiveness, potential conflicts and the appropriate filing strategy.
Trademark Application & Filing
Prepare the application, determine the appropriate class or classes and file the trademark application through the prescribed process.
Examination & Objection
Assist with examination-related requirements, including responses to objections and further proceedings where required.
Opposition Proceedings
Support applicants in responding to opposition proceedings and assist with the preparation of appropriate responses and documentation.
Renewal & Post-Registration Support
Assist with renewal and other post-registration requirements to help maintain the trademark over its registration period.
Our Approach
Understand: We understand your brand, the mark you want to protect and the goods or services associated with it.
Search & Assess: We search relevant trademark records and assess the mark for potential conflicts, distinctiveness and appropriate classification.
Prepare & File: We prepare the application and file it in the appropriate class or classes.
Examine & Respond: We assist with examination requirements, objections and opposition proceedings where applicable.
What Can Be Protected?
A trademark may take different forms, provided it satisfies the applicable legal requirements.
Word Marks: Names, words, letters, numerals and certain combinations.
Logo & Device Marks: Logos, symbols and stylised representations.
Taglines & Slogans: Distinctive phrases associated with goods or services.
Other Recognisable Marks: Certain colour combinations, shapes, sounds and other forms of marks may also be capable of registration where the applicable requirements are satisfied.
Frequenty Asked Questions (FAQs)
Why should I search a trademark before filing?
A search can help identify existing identical or similar marks and potential conflicts before an application is filed.
Can I register a brand name and logo separately?
A word mark and a logo/device mark can provide different forms of protection. The appropriate filing strategy depends on how the brand is being used and what you want to protect.
How do I know which trademark class to choose?
The appropriate class depends on the goods or services associated with the mark. A business may require one or multiple classes depending on its activities.
The classification system broadly covers:
- Classes 1–34 — Goods
- Classes 35–45 — Services
Choosing the appropriate class and accurately describing the goods or services is therefore an important part of the filing strategy.
How long is a registered trademark valid?
A registered trademark is valid for 10 years from the date of application and can be renewed for further periods of 10 years, subject to the applicable requirements.
Can I apply for a trademark that I have not started using?
Yes. Applications can be filed on a proposed-to-be-used basis, subject to the applicable requirements.
What happens after a trademark application is filed?
The application goes through the applicable procedural and examination stages. If objections are raised, a response may be required. If accepted, the mark is published in the Trade Marks Journal, where third parties may oppose it within the applicable period.
Can someone else oppose my trademark application?
Yes. After publication in the Trade Marks Journal, a third party can oppose an application within the prescribed period.
Can I protect my trademark outside India?
Trademark rights are territorial. Protection in other countries generally requires consideration of the applicable filing route in those jurisdictions.
Have a Brand to Protect?
Whether you are launching a new business, introducing a product, building a service brand or reviewing an existing trademark portfolio, the right place to start is understanding what you want to protect and where you intend to use it.