In the highly competitive Indian marketplace, your brand name is your most valuable asset. It represents your goodwill, your customer loyalty, and your business reputation. But simply using a name isn't enough; you must legally own it. Trademark registration is the only legal mechanism to secure exclusive rights to your brand, logo, slogan, or even sound mark. Without it, you risk losing your brand equity to unscrupulous copycats or, worse, facing legal action for using a name someone else has unknowingly registered.
Many businesses mistakenly assume that a company registration (Incorporation) or a domain name purchase automatically protects their brand. This is a dangerous myth. Only a registration under the Trade Marks Act, 1999, grants you the statutory right to sue for infringement and stop others from trading on your goodwill. Whether you are a startup needing a preliminary brand name availability check or an established firm fighting a complex trademark status opposed situation, AMA Legal Solutions acts as your unyielding legal shield.
We don't just fill forms. We provide strategic counsel. From conducting a rigorous phonetic similarity check on the Ipindia database to representing you in a high-stakes trademark hearing process, our team of seasoned IP attorneys ensures your brand remains unshakeable. We understand that a weak trademark is a business liability, and we work to ensure yours is an enforceable asset.
One of the most common reasons for trademark refusal is filing under the wrong class. The NICE Classification system divides goods and services into 45 classes (1-34 for goods, 35-45 for services). Choosing the correct class is vital for protection.
Software, mobile apps, computers, and electronics. Essential for tech startups and SaaS companies.
Business management, e-commerce, retail stores, and advertising services. The most common service class.
Apparel, footwear, and headgear. A must for fashion brands and designers.
Training institutes, events, content creation, and entertainment services.
For SaaS platforms, software development services, and IT consultancy. distinct from the software product itself (Class 9).
For medicines, supplements, and medical hygiene products. A highly litigated class requiring distinct names.
*Tip: We often recommend a multi-class filing strategy to ensure 360-degree protection. For example, a clothing brand should register in Class 25 (Apparel) AND Class 35 (Retail Store).
Getting a trademark registered is a multi-step legal procedure. It is not an instant process. Understanding the lifecycle helps you plan your business launch effectively.
We begin with a deep-dive trademark public search on the Ipindia database. We don't just look for identical names; we analyze phonetic similarities (e.g., 'Caat' vs 'Cat') and verify Vienna code classifications for logos. We determine the correct classes to ensure total coverage.
We draft and file the application (Form TM-A). At this stage, we claim "User Date" carefully. If you have been using the mark, we submit a User Affidavit with evidence like invoices and social media posts to claim prior rights. This is crucial for overcoming future objections. Once filed, you can immediately start using the TM symbol.
The Registrar examines the application. If they find issues, they issue an Examination Report. This is common. We draft a robust examination report reply addressing Section 9 or Section 11 objections to prevent the application from being abandoned.
If accepted, the mark is published in the Trademark Journal. This opens a 4-month window for third-party oppositions. If no one opposes (or if we win the opposition), the Registration Certificate is issued. You can now upgrade to the prestigious ® symbol.
Receiving an objection is not a rejection; it is a question from the registry. However, answering it requires legal precision. A standard or template reply often leads to a hearing or refusal. We specialize in handling complex objections.
Refusal because the mark is descriptive, generic, or lacks distinctiveness (e.g., "Best Quality Rice").
Our Strategy:
Refusal because the mark is similar to an existing mark on the register for similar goods.
Our Strategy:
If the written reply is not accepted, the Registrar schedules a Trademark Hearing. This is the "Troubleshooter" phase where expert advocacy is non-negotiable.
Our attorneys appear before the tribunal (physically or virtually) to present oral arguments. We bring case law binders, evidence affidavits, and persuasive legal logic to the table. We have a high success rate in converting hearing matters into "Accepted" or "Advertised" status by effectively distinguishing your mark from citations.
The Comptroller General of Patents, Designs, and Trade Marks maintains the public records. Searching this correctly is an art. Users often search only for the exact name, find zero results, and file the application - only to be rejected later because a phonetically similar name existed.
For example, if you want to register "KwikFix", searching for that exact string shows nothing. But a professional search would uncover "QuickFix", "Qwik-Fix", or "QuikFix", all of which would block your application. We perform this rigorous filtering using specialized tools and manual checking before you spend a single rupee on government fees.
The Government of India is aggressively promoting entrepreneurship. If you are a registered MSME (Udyam Registration) or a DIPP-recognized Startup, you are eligible for significant benefits in trademark filing.
Government fees are slash from ₹9,000 to ₹4,500 per class. This makes protecting your IP affordable from Day 1.
Startups can file for expedited examination (Form TM-M) to get faster responses, crucial for securing investor confidence.
We assist you in obtaining the necessary MSME or Startup India certificates to ensure you can claim these rebates legally.
A trademark registered in India provides protection only within Indian territory. If you plan to export goods or offer services globally, you need international protection. Thanks to India's accession to the Madrid Protocol, this is now easier than ever.
Single Application: You can file one international application through the Indian Trade Mark Registry to target multiple member countries (like USA, UK, EU, China, etc.).
Cost Effective: It is significantly cheaper than filing separate applications in each country with different lawyers.
Centralized Management: You can renew and manage your global portfolio through a single window.
Our team specializes in filing international applications and handling "Provisional Refusals" from foreign trademark offices.
Transparency in billing and expectations is our hallmark. Here is what you need to know about the investment and time required.
Preparing the right documents ensures your application doesn't get stalled in the "Formalities Check Fail" stage.
We don't rely on automation. Our attorneys categorize and search manually to ensure zero conflicts.
Unlike filing agents, we are lawyers. We represent you in tribunals, District Courts, and High Courts.
From the first search to the final renewal after 10 years, we manage your entire IP portfolio.
"We received a Section 9 objection for our startup's logo. AMA Legal Solutions drafted a brilliant reply citing relevant case laws. The objection was waived without a hearing!"
"Their trademark public search is very thorough. They identified a conflicting mark in Class 35 that we missed. Saved us from a costly rebranding later."
"The hearing for our objection was handled professionally. We got our registration in 12 months."
"Best service for trademark renewal. They tracked the deadline and filed everything on time."
"Simple, transparent, and legally sound. Highly recommend for any startup."
When your application faces a Section 9(1)(a) objection or Section 11 objection, you must file a trademark objection reply within 30 days of the examination report. This reply isn't just a formality; it requires citing specific case laws and proving distinctiveness. If you miss this deadline, your application status changes to 'Abandoned'. Our legal team drafts comprehensive replies that address the registry's concerns point-by-point to move your status to 'Accepted' or 'Advertised'.
A standard search isn't enough. You need to verify brand name availability by checking specific classes (e.g., Class 35 for retail, Class 25 for clothing). You should also perform a phonetic similarity check and a Vienna code search for logos. Using the Ipindia public search tool is the first step, but interpreting the results requires legal expertise to avoid future oppositions.
The government incentivizes small businesses. For MSMEs and Startups with a valid Udyam Registration or Startup India certificate, the government fee is ₹4,500 per class per mark. For larger entities or individuals without these certifications, the fee is ₹9,000. This 50% subsidy significantly reduces the trademark registration cost in India for small enterprises.
Yes, you can opt for expedited trademark processing by filing Form TM-M. This request significantly speeds up the examination process. While standard processing can take 12-18 months, expedited processing forces the registrar to issue the examination report within 30 days. This is ideal if you are facing infringement issues and need urgent legal protection.
If the registrar is not satisfied with your written reply, a trademark hearing is scheduled. This is a specific date where your authorized agent or attorney must appear (physically or virtually) to argue your case. Missing a hearing leads to immediate refusal. We represent clients in hearings daily, ensuring your brand's distinctiveness is effectively communicated to the hearing officer.
These are two different stages. 'Objected' means the Trademark Registry has raised queries in the examination report (e.g., lack of distinctiveness). This is between you and the government. 'Opposed' happens after your mark is published in the journal; a third party (competitor) files an opposition claiming your mark damages their brand. Oppositions initiate a quasi-judicial trial process requiring counter-statements and evidence.
The cost varies depending on the complexity of the objection. A standard reply to a clerical error is cheaper than a complex response to a Section 11 relative grounds objection involving similar marks. At AMA Legal Solutions, we provide transparent pricing for drafting and filing the TM-O reply format, ensuring you don't overpay while getting top-tier legal defense.
Checking a logo involves a Vienna Code search on the Ipindia database. This system classifies figurative elements of marks (like animals, shapes, celestial bodies) into codes. You search these codes to find visually similar logos. This is critical because a brand name check alone won't reveal if your logo design infringes on an existing visual trademark.
If a trademark is refused after a hearing, you can file a review petition (Form TM-M) within 30 days on limited grounds. If that fails, an appeal can be filed with the High Court (since the IPAB was abolished). A provisional refusal isn't the end; stronger evidence of user-ship and distinctiveness can often overturn the decision in appellate stages.
You need the applicant's KYC (PAN, Aadhar), a clear representation of the trademark (logo/wordmark), User Affidavit (if claiming prior use with evidence like invoices), and MSME/Startup certificate for fee concession. For companies, a Board Resolution is required. Incorrect documents are a leading cause of formalities check failures.
An Indian registration only protects you within India. For global protection, you must use the Madrid Protocol system to file an international application based on your Indian application. This allows you to designate multiple countries. Each country will then examine the application according to their local laws.
Class 35 covers services like advertising, business management, and retail store services. Even if you sell clothing (Class 25) or electronics (Class 9), if you have a retail outlet or an e-commerce aggregation platform, registering under Class 35 is highly recommended to protect your store name and business identity.
This objection raises the issue that the mark is not capable of distinguishing the goods/services of one person from others. It usually applies to generic or non-distinctive names. Overcoming this requires proving that your mark has acquired a secondary meaning through extensive use or is inherently distinctive.
This is a 'relative grounds' refusal, citing that your mark is identical or confusingly similar to an already registered trademark or pending application for similar goods. The registry acts to prevent consumer confusion. You must prove your mark is different or that there is honest concurrent use.
A provisional refusal typically comes from international applications designating India under the Madrid Protocol. The response must be filed through an Indian trademark agent. The grounds are similar to domestic objections, and a detailed legal reply must be submitted to the Indian Registry to overcome the refusal.
Form TM-M is a multipurpose form used for various requests, including expedited processing, corrections of clerical errors, extension of time, and requesting the grounds of a decision. It involves specific government fees depending on the nature of the request.
Once registered, a trademark is valid for 10 years from the date of filing. It can be renewed indefinitely every 10 years by paying the renewal fee. Failure to renew within the grace period results in the mark being removed from the register.
Brand name generators are good for ideas, but they don't check for legal availability. A generated name might already be trademarks. Always follow up a generator session with a professional trademark public search to ensure the name is legally safe to use.
Using the ® symbol for an unregistered mark is a criminal offense under the Trade Marks Act, punishable with imprisonment or fines. You should only use the 'TM' symbol until your registration certificate is actually issued.
Common words describe the quality or nature of goods (e.g., 'Best Shoes' for a shoe shop) and attract Section 9 objections. They are hard to monopolize. Invented words or arbitrary terms (like 'Kodak' or 'Apple' for computers) are the strongest trademarks and easiest to protect.
Speak to an IP Attorney today. Check availability and file instantly.
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