Reading list: What Happens If You Don’t Renew Your Trademark?
In today’s competitive market, building a unique identity for your business is more important than ever. Whether you run a multinational corporation, a small business, or even a startup, your brand name, logo, slogan, or product packaging can become your most valuable asset. But how do you protect these assets from misuse or imitation?

That’s where trademark registration comes in.

This article will help you understand what trademark registration is, the process of registering a trademark in India, and why it is critical for your business success.

✅ What Is a Trademark?

A trademark is a unique symbol, word, phrase, logo, design, or combination thereof that identifies and distinguishes the source of goods or services of one party from those of others.

In simple terms, it is what sets your brand apart.

Examples of Common Trademarks:

The Nike “Swoosh” logo

Apple’s logo or the word “iPhone”

The McDonald’s “I’m Lovin’ It” slogan

Amul, Tata, Zomato (wordmarks)

Once registered, a trademark becomes an intellectual property (IP) right, giving you exclusive legal rights to use that mark for your products or services.

🔐 What Is Trademark Registration?

Trademark registration is the legal process through which an individual, business, or organization gets ownership of a unique brand identifier (name, logo, etc.). Once approved, the trademark is recorded in the Trademark Registry of India and protected under the Trade Marks Act, 1999.

Upon registration, the owner gets the exclusive right to use the mark in connection with the goods/services listed and can take legal action against anyone who copies or misuses it.

You can identify a registered trademark by the ® symbol (while ™ denotes an unregistered trademark in use).

📝 What Can Be Trademarked?

According to Indian law, you can trademark:

Brand names and product names

Logos and symbols

Slogans or taglines

Shapes of goods or packaging

Combination of letters or numerals

Sound marks (e.g., Airtel jingle)

Color combinations, if distinctive

However, generic terms, geographical names, or marks that resemble existing trademarks are generally not approved.

📌 Why Is Trademark Registration Important?

Trademark registration isn’t just a legal formality—it’s a critical step in protecting and building your brand.

1. Legal Protection

Registering your trademark gives you the exclusive legal right to use it in India. It allows you to sue anyone who tries to imitate or misuse your brand identity.

Without registration, proving ownership in a court of law becomes difficult and may result in loss of brand control.

2. Brand Recognition and Trust

A registered trademark helps your customers identify your products or services easily. It builds trust, credibility, and loyalty in your brand.

In markets flooded with copycats, a trademark shows that your business is authentic and professional.

3. Business Asset

Your trademark is an intangible asset. As your business grows, its value increases. You can license, franchise, or even sell it as part of your business.

Some trademarks, like Coca-Cola or Apple, are worth billions!

4. Exclusive Rights

Once registered, no one else can use your trademark in the same class of goods/services. This prevents brand confusion and helps you maintain your competitive edge.

5. Nationwide Protection

Trademark registration in India gives you protection across the entire country. If you’re planning to go international, you can also apply for trademark protection abroad through the Madrid Protocol.

6. Prevents Unnecessary Legal Hassles

If your brand is not registered and someone else registers a similar mark, you may be forced to rebrand, causing financial loss and damage to reputation.

🧾 Trademark Registration Process in India

Registering a trademark in India involves the following steps:

Step 1: Trademark Search

Before applying, conduct a search on the IP India Trademark Public Search portal to ensure your mark is unique and not already registered.

Step 2: Filing the Application

Submit Form TM-A with the required details:

Name and address of the applicant

Trademark representation (logo, word, etc.)

Trademark class

Goods or services offered

You can file it online through the IP India portal or via a trademark attorney.

Step 3: Examination by Trademark Office

The Registrar examines your application for conflicts, legality, and compliance with trademark law.

If there are objections, you may have to respond with clarifications or attend a hearing.

Step 4: Publication in the Trademark Journal

If approved, your trademark is published in the Trademark Journal for 4 months to allow public opposition.

Step 5: Registration

If there’s no opposition (or if it’s resolved in your favor), you’ll receive a Trademark Registration Certificate and can start using the ® symbol.

🕒 How Long Does It Take?

Trademark registration usually takes 6 to 12 months, depending on objections or oppositions. However, once filed, you can use the ™ symbol immediately.

💰 Trademark Registration Cost (India)
Category	Government Fees (Per Class)
Individual / Startup / MSME	₹4,500
Company / Firm	₹9,000
Trademark Attorney Fees	₹2,000–₹5,000 (optional)
🔄 Validity and Renewal

A registered trademark is valid for 10 years from the date of application. It can be renewed indefinitely for another 10 years each time by filing a renewal application (Form TM-R).

It’s wise to renew your trademark before expiry to avoid loss of rights or extra fees.

⚠️ What If You Don’t Register?

Not registering your trademark exposes your brand to:

Copying or infringement

Loss of business reputation

Inability to take legal action

Forced rebranding if someone else registers before you

Trademark registration ensures your brand is legally secure and future-proof.

✅ Final Thoughts

Your brand is your identity, and in the digital age, where competition is fierce and imitation is common, protecting that identity is non-negotiable.

Trademark registration is a smart investment, not just a legal requirement. It ensures that your brand stays yours—safe, recognizable, and powerful in the eyes of customers, competitors, and the law.