RM Legal advises businesses, start-ups and brands on the registration, management and enforcement of trademarks under the Trade Marks Act, 1999. From our office in Surat, we work with clients across Gujarat, elsewhere in India and overseas, handling matters before the Trade Marks Registry and protecting brands across online platforms and marketplaces.
For businesses based in Surat, see Trademark Registration in Surat for guidance on classes, common objections and documents.
Our work includes:
1. Search and clearance. Before filing, the Trade Marks Registry records are searched for identical and similar marks in the relevant classes. Goods and services fall into 45 classes under the Nice Classification, and a mark is protected only for the classes in which it is registered.
2. Filing. The application is filed with the Trade Marks Registry, either on a "proposed to be used" basis or with a claim of prior use. Once the application is filed, the applicant may use the ™ symbol. Applications from businesses whose principal place of business is in Gujarat are handled by the Trade Marks Registry office at Ahmedabad.
3. Examination. The Registry examines the application and issues an examination report. Objections commonly arise under Section 9 (absolute grounds, such as the mark being descriptive or lacking distinctiveness) or Section 11 (relative grounds, such as similarity to an earlier mark). A reply must be filed within one month of receiving the report. If the reply is not accepted, the matter is listed for a hearing.
4. Advertisement. Once accepted, the mark is published in the Trade Marks Journal. Any person may oppose it within four months of the date of advertisement.
5. Opposition, if filed. The applicant must file a counter-statement within two months of receiving the notice of opposition, failing which the application is treated as abandoned. The matter then proceeds through evidence and a hearing.
6. Registration. If no opposition is filed, or the opposition is decided in the applicant's favour, the mark is registered and a certificate is issued. The ® symbol may be used only after registration.
Timelines depend on the Registry's workload and on whether objections or oppositions arise. An application that faces neither commonly proceeds to registration within 12 to 18 months of filing; contested applications take longer.
A registration is valid for ten years from the date of application and can be renewed every ten years without limit. A renewal can be filed up to one year before expiry. A mark not renewed by the due date can still be renewed with a surcharge within six months of expiry; after that, it is liable to be removed from the register.
The 13th edition of the Nice Classification applies to applications filed from 1 January 2026, and some goods and services have moved between classes. From 1 July 2026, the Trade Marks Registry replaced its earlier public search system with a new integrated public search portal. Requests for recognition of well-known trademarks are now handled by the Well-Known Trade Marks Section at the Intellectual Property Office in New Delhi. Searches and class selection should be checked against the current edition and portal.
Most applications receive an examination report. A reasoned reply, supported where relevant by evidence of use and distinctiveness, addresses the specific grounds raised by the Registry.
Where a conflicting mark is advertised, an opposition must be filed within the statutory four-month window, which cannot be extended. Regular monitoring of the Trade Marks Journal lets conflicting applications be identified in time to act.
We advise on the protection of brand identity in the digital space, including:
A domain name does not automatically confer trademark rights, and registration of a domain name does not guarantee exclusivity over a brand.
Trademark rights arise from registration and use, whereas domain names function as internet identifiers and are allocated on a first-come, first-served basis.
Conflicts may arise where a domain name incorporates a registered or prior-used trademark, leading to potential actions for infringement, passing off, or domain name recovery.
Accordingly, businesses should align their domain name strategy with trademark protection to avoid conflicts and ensure consistent brand protection across platforms.
Brand programmes on online marketplaces, such as Amazon Brand Registry, generally require a registered or applied-for trademark. We advise on filing strategy for marketplace enrolment, and on the removal of infringing and counterfeit listings.
Trademark protection extends beyond registration. We work with clients on:
Our focus is on ensuring that trademarks are not only registered, but effectively protected and commercially utilised.
Can I use a trademark before it is registered?
Yes. An unregistered mark can be used, and prior use can be protected through an action for passing off. Registration, however, gives the owner the exclusive right to use the mark for the registered goods or services and the right to sue for infringement under the Trade Marks Act, 1999.
What is the difference between the ™ and ® symbols?
™ may be used with any mark claimed as a trademark, including one under application. ® may be used only once the mark is registered. Falsely representing a mark as registered is an offence under Section 107 of the Act.
Do I need a separate application for each class?
Protection extends only to the classes covered. A single application can cover several classes, with official fees payable for each class.
How long does a trademark registration last?
Ten years from the date of application, renewable every ten years.
Can a registered trademark be cancelled?
Yes. A registration can be challenged through rectification proceedings, for example where the mark was wrongly registered or has not been used for a continuous period of five years or more.
Does an Indian registration protect my brand abroad?
No. Trademark rights are territorial. Protection in other countries requires national filings, or an international application under the Madrid Protocol designating the countries of interest.
Reviewed by Nandita Goyal, Advocate, enrolled with the Bar Council of Gujarat. Last reviewed: October 2026.