Trademarks: Everything You Need to Know

Welcome to Tredmakwala’s dedicated Trademark page. As Mumbai’s premier trademark firm, we handle 90% of our business in trademarks. Here, we provide structured information to help you understand, register, and protect your brand in 2025.

What is a Trademark?

A trademark is a unique symbol, word, logo, or phrase that distinguishes your goods or services from others. In India, it’s governed by the Trade Marks Act, 1999, and registered via IP India for 10 years, renewable indefinitely.

Benefits of Trademark Registration

  • Exclusive Rights: Grants legal ownership and prevents unauthorized use.
  • Brand Protection: Offers defense against infringement and builds consumer trust.
  • Market Differentiation: Helps your brand stand out and increases value.
  • Legal Remedies: Enables lawsuits for damages and injunctions.
  • Global Recognition: Facilitates international expansion via Madrid Protocol.

Trademark Registration Process in India (Mumbai)

  1. Trademark Search: Check availability on IP India portal to avoid conflicts.
  2. Application Filing: Submit Form TM-A online with details, class, and fees.
  3. Examination: IP India reviews for objections (6-8 months).
  4. Publication: Advertised in Trade Marks Journal for oppositions (4 months).
  5. Registration: If no oppositions, certificate issued (total 10-12 months).

 

Trademark Timeline in India (Mumbai)

The process typically takes 10-12 months if no objections arise:

  • Formalities Check: 15-20 days.
  • Vienna Codification: 2-3 months.
  • Examination: 6-8 months.
  • Objection Reply: 1 month.
  • Publication/Opposition: 4 months.
  • Registration: 1-2 months post-publication.

Trademark Fees in India (2025)

Official fees per class (IP India):

  • Individuals/Startups/MSME: ₹4,500 (e-filing).
  • Others: ₹9,000 (e-filing).
  • Renewal: ₹9,000-₹10,000 per class.
  • Opposition: ₹2,700 per class.

Trademark Classification (Nice Classes)

India follows the Nice Classification with 45 classes. Here's a brief list:

GOODS 1 - 34 AND SERVICES 35 - 45

Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing and abrasive preparations.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers’ masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fire-extinguishing apparatus.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for persons with disabilities; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Vehicles; apparatus for locomotion by land, air or water.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Firearms; ammunition and projectiles; explosives; fireworks.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Musical instruments; music stands and stands for musical instruments; conductors’ batons.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers’ type, printing blocks.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; asphalt, pitch, tar and bitumen; transportable buildings, not of metal; monuments, not of metal.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Yarns and threads for textile use.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Textiles and substitutes for textiles; household linen; curtains of textile or plastic.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Clothing, footwear, headwear.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Lace, braid and embroidery, and haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings, not of textile.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yogurt and other milk products; oils and fats for food.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Coffee, tea, cocoa and substitutes therefor; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments; ice (frozen water).

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other preparations for making non-alcoholic beverages.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Alcoholic beverages, except beers; alcoholic preparations for making beverages.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers’ articles; matches.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Advertising; business management, organization and administration; office functions.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Financial, monetary and banking services; insurance services; real estate services.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Construction services; installation and repair services; mining extraction, oil and gas drilling.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Telecommunications services.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Transport; packaging and storage of goods; travel arrangement.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Treatment of materials; recycling of waste and trash; air purification and treatment of water; printing services; food and drink preservation.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Education; providing of training; entertainment; sporting and cultural activities.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Scientific and technological services and research and design relating thereto; industrial analysis, industrial research and industrial design services; quality control and authentication services; design and development of computer hardware and software.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Services for providing food and drink; temporary accommodation.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, aquaculture, horticulture and forestry services.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:
Legal services; security services for the physical protection of tangible property and individuals; dating services, online social networking services; funerary services; babysitting.

Explanatory Note

This Class includes, in particular:
This Class does not include, in particular:

Common Mistakes in Trademark Registration

  • No Comprehensive Search: Failing to check for similar marks leads to rejections.
  • Weak or Generic Marks: Choosing descriptive terms that can’t be protected.
  • Wrong Class Selection: Misclassifying goods/services causes incomplete protection.
  • Missing Renewals: Forgetting to renew every 10 years.
  • Ignoring Infringements: Not monitoring after registration.

Frequently Asked Questions (FAQs) on Trademarks

What is the validity of a trademark?

10 years, renewable indefinitely.

Can I register a trademark myself?

Yes, via IP India portal, but professional help is recommended for accuracy.

What if my trademark is objected?

File a reply within 1 month with evidence to overcome objections.

Is trademark registration mandatory?

No, but it provides legal protection and exclusive rights.

How long does opposition last?

4 months from publication.

Need Help with Trademarks?

Contact Tredmakwala for expert assistance in Mumbai.

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