Intellectual Property

Brand Name
Registration.

Register your brand name in India today to secure exclusive rights, enhance credibility, and prevent unauthorized use. Fast, streamlined, and legally sound.

Application Phase

Steps to Register.

A comprehensive guide to legally securing your brand name in India.

Conduct a Trademark Search

Visit the IP India website and use the Public Search Tool. Search your brand name using Wordmark, Vienna Code, or Phonetic criteria across the 45 classes of goods/services to ensure it is unique and minimize rejection risks.

Trademark Application Filing

Government Review

Examination Phase.

After filing, the application undergoes a rigorous examination by the Indian Trademark Office.

Initial Review

The examiner checks if the application complies with all legal requirements and ensures the trademark is distinctive and not similar to existing ones.

Grounds for Objection

Under Section 9 (lack of distinctiveness) or Section 11 (similarity to existing marks), the examiner may raise formal objections.

Examination Report

An examination report detailing the objections is issued. The applicant must respond within a specified period, usually one month.

Hearing

If objections are not resolved through written responses, a hearing is scheduled where the applicant can present their case in person.

Acceptance or Rejection

If objections are resolved, the trademark is accepted and published for public opposition. Otherwise, the application is rejected.

Common Rejection Grounds.

Understanding why trademarks get rejected helps ensure your application succeeds on the first try.

Likelihood of Confusion

If the proposed mark is similar to an existing registered trademark, or used for related goods/services, it may cause confusion among consumers.

Descriptiveness

Trademarks that directly describe the goods (e.g., 'Fast Food' for a restaurant) or mislead consumers about the quality are usually not registrable.

Geographical Terms

Trademarks that primarily describe a geographic location (e.g., 'India Wines') or falsely suggest a geographic origin are often rejected.

Offensive Content

Trademarks that contain scandalous, disparaging, or immoral content are strictly unregistrable under the Trademark Act.

Surnames

Trademarks that are primarily just a surname (e.g., 'Agarwal') can be rejected unless they have acquired distinctiveness through extensive use.

Ornamentation

If the trademark is used merely as decoration and does not function as a source or brand identifier, it may be rejected.

Questions?

Ready to register?

Let our Trademark Attorneys handle the search, filing, and examination process for you.

Consult an Expert

Brand Name Registration.