In India, trademarks are registered with the Controller General of Patents, Designs, and Trademarks (CGPDTM) under the Trade Marks Act, 1999, read with Trade Marks Rules, 2017. It takes approximately 12–24 months to secure registration of trademark, if no objections or oppositions are filed.

Trademark Search

Before filing an application for registration of trademark, it is advisable to conduct a search to ascertain whether an identical or similar trademark is already registered or existing in the records of the Trade Marks Registry. A trademark search reduces the chances of receiving objections from the Registry and oppositions from third parties. 

 Trademark Application

You may file the application for registration of a trademark online through the IP India portal, either directly in the capacity of being the applicant or through a trademark attorney/ agent. The application must include:                                                                                                                                                                                                                                                                                                                                                                                                    

• Applicant’s information, such as category of applicant (individual, start-up, MSME or company), address and contact information, including the address of service and contact details of the attorney/ agent through whom the application is being filed.
• Details of the trademark, i.e., word mark or image (if it’s a device/ logo mark).
• Relevant class(es) and specification of goods services for which the trademark protection is being sought (trademarks can be filed in any of the 45 distinct classes depending on the category of goods and services).
• User Affidavit along with relevant documents showing the prior continuous use of the trademark, from the date of first use till date 

Examination of the Application

Once filed, the Trade Marks Registry will check the application to see if it meets legal requirements, and will issue an Examination Report either:

• Accepting the application for publication in the Trade Marks Journal.
• Objecting the application based on the grounds provided under the Trade Marks Act, 1999. 

If there is an objection raised, you have to file a response within 30 days to prevent refusal. Based on the nature of the objection raised and the response filed, the application might be set down for a hearing to address the same.

Publication in the Trade Marks Journal

When accepted, the trademark is published in the Trade Marks Journal to provide opportunity for opposition from third parties, within 4 months from the date of publication. If no oppositions are filed, the trademark application will proceed to registration.

Registration & Trademark Certificate

If oppositions are not filed, the trademark gets registered, and a Trademark Registration Certificate is issued. Once registered, the ® symbol may now be used alongside your trademark to denote its registration.

Trademark Renewal

A trademark registration is valid for a period of 10 years and can be renewed perpetually every 10 years to continue being protected.

A trademark is any distinctive sign, word, logo, symbol, sound, or even colour that sets a brand’s goods or services apart from others in the market. It is essential to ensure that a trademark is distinctive and unique, and not generic or descriptive of the goods or service provided under such trademark/ brand. The different kinds of trademarks that can be registered are:

• Word Mark: A word mark is a trademark that consists of words, letters, or numbers without any specific design or logo. These marks protect the textual representation regardless of font, colour or style. Common, everyday words cannot be protected, unless they have acquired significant goodwill and recognition on account of extensive use. 
• Device Mark: A device mark is a distinctive design, symbol, or stylized lettering that a brand is represented by. It secures the visual look of the mark but not necessarily the words themselves.
• Taglines or Slogans: A slogan or tagline that uniquely identifies a brand and its products can be trademarked. However, it must be distinctive and not just a common phrase. 
• Shape Marks: Unique product shapes, packaging, or designs that help a brand stand out can be trademarked. In India and the U.S., the shape must be non-functional (i.e., it should not be essential for the product’s use).
• Sound Marks: A distinctive sound or jingle that is linked to a brand can be trademarked. To be eligible, the sound should be distinctive and used uniformly in branding.
• Colour Marks: A particular colour or combination of colours can be registered as a trademark if it is distinctly linked to a brand and not used widely in the trade.
• Smell Marks: While uncommon, a particular smell can be trademarked if it is unique and not a natural odour of the product.

Trademarks safeguard a broad array of brand components, such as words, logos, slogans, sounds, shapes, colours, and even odours. The most important requirement is that the mark be distinctive, not generic or descriptive, and be used commercially. Whether you are a new startup, business owner, or big company, obtaining a trademark is vital to protect your brand.

Trademark protection is not time-bound, provided the owner keeps using and renewing the trademark. In contrast to patents or copyrights, which have a definite lifespan, trademarks can be valid forever if maintained well. Still, renewals at regular intervals and evidence of use are necessary to maintain the trademark.

In India:

• A registered trademark is valid for 10 years from the date of application.
• It is renewable perpetually every 10 years by paying the renewal fee.
• The registration can be renewed in the 9^th year of its registration, however, there is a grace period for late renewal for 6 months after the expiry of the 10^th year, which comes with penalty. If it is not renewed timely, the trademark is struck from the register.

In the United States:

• A registered trademark is good for 10 years, but the owner has to file a Declaration of Use during the 5^th to 6^th year to verify that the trademark continues to be in use.
• Past the initial 10 years, the trademark may be renewed in increments of 10 years with no end date.
• If filings are not done, the USPTO revokes the trademark.

The ™ (Trademark) and ® (Registered Trademark) symbols are used to indicate brand ownership, but they have different meanings and legal significance.

^TM Symbol: The ™ symbol is used to indicate that a name, logo, or slogan is being claimed as a trademark, even if it is not yet officially registered.
It provides some level of protection by signalling that the owner considers the mark to be their brand identity. The ™ symbol can be used even before filing a trademark application and while the application is pending. It does not offer legal exclusivity, meaning others may still challenge the mark in court.

® Symbol:  The ® symbol indicates that a trademark has been officially registered with the Trademark Office. It provides stronger legal protection, including the exclusive right to use the mark in connection with specific goods or services. Unauthorized use of a registered mark by others can lead to legal consequences, including fines and lawsuits. You cannot use the ® symbol unless your trademark has been officially granted registration.

Two businesses can share the same trademark, but only in specific instances. Trademarks law is predicated on distinctiveness, industry classification, and the likelihood of confusion between consumers. If two businesses are in totally different industries or geographic locations, they can likely use the same trademark without resulting conflicts.

These are the circumstances under which two companies can have the same trademark:

• Different Classes: Trademarks are categorized into 45 different classes (34 for goods and 11 for services). If two companies operate in unrelated industries, they may both use the same name without causing consumer confusion. 

For example: Dove® (Personal Care & Soaps) – Registered under Class 3.

Dove® (Chocolate by Mars Inc.) – Registered under Class 30.

As soaps and chocolates are distinct, both brands can be used legally side by side.

• Geographical Limitations: Trademark rights are territorial in nature and trademarks are usually granted protected in the country or region where it stands registered. Thus, a company that uses a trademark in India might not have an automatic right over the same mark in the U.S., unless they are registered across borders.

• Coexistence Agreements: In certain instances, two companies with identical trademarks can legally agree to coexist by establishing specified usage terms. This can be through the establishment of agreement on branding, product scope, or market reach.

These are the circumstances where Co-existence is not allowed –

• Similar Industry & Market (Likelihood of Confusion): Where two companies operate in different industries but have similar products and services which use the same or deceptively similar marks, it is likely to attract disputes regarding trademark infringement.
• Famous or Well-Known Trademarks: Certain trademarks are so well-known that they are given greater legal protection, even between industries. Such brands are referred to as well-known trademarks (e.g., Coca-Cola, Nike, Google, Disney).
• Bad Faith Registrations: When a person registers a trademark that already exists for the sole purpose of taking advantage of a well-known brand’s reputation, it qualifies as bad faith and can be contested legally.

Two businesses may share the same trademark as long as they are in different industries, areas, or have a legal contract/ mutual understanding between themselves. Trademarks will never co-exist if they cause consumer confusion or are well-known brands. 

Prior to filing for a trademark, it is important to verify if your brand name or logo is already registered to prevent legal disputes and rejection. The procedure includes performing a trademark search through official databases and online resources.

Trademarks in India are registered under the Controller General of Patents, Designs & Trademarks (CGPDTM). You can search for trademark availability by following these steps:

Step 1: Visit the IP India website: https://ipindia.gov.in/ and select the ‘public search’ tab under ‘trade marks’.

Step 2: Pick Your Search Options

Select “Wordmark” for trademark names.

Select “Vienna Code” for logos or symbols (if using).

 Step 3: Input Your Brand Name or Logo Description

Input your targeted brand name or logo keyword in the search bar.

Choose the applicable class (Goods or Services) according to the Classification System (one of 45 trademark classes).

 Step 4: Examine the Results

If there is an identical or similar mark in the same class, it could lead to conflicts.

If there are no similar marks, you can proceed with the process of trademark registration.

If someone else registers a similar trademark to yours, it can be a legal and business problem. The effect is based on whether the mark was registered prior to or subsequent to yours, if it is within the same business, and if it leads to consumer confusion. 

If someone else attempts to register a similar trademark after you have adopted yours, you can oppose their registration or stop its use legally.

• File an Opposition – If their application is advertised in the Trade Marks Journal, you can file an opposition within 4 months of such advertisement before the trademark gets registered.
• Issue a Cease-and-Desist Letter – This is a formal letter informing them to refrain from employing the similar trademark.
• Sue for Infringement/ Passing off – If they persist in the usage of a confusingly similar mark, you may sue them in court for trademark infringement/ passing-off.

If another person files a similar trademark ahead of you, you might be forced to change your brand or fight their mark in court. If they file it later than you, you have solid reasons to fight their use and registration of the mark, and file for cancellation of its registration, if already registered. The most effective strategy is to file your trademark early and watch actively for new filings in order to defend your brand.

Yes, you can trademark a social media handle or a domain name, but only if it is being used as an identifier of a brand and not merely as an Internet address or as a username. Trademark law preserves distinctive names, symbols, and logos that are connected with particular goods or services. Registering a domain name (e.g., www.mybrand.com) or reserving a social media handle (e.g., @MyBrand) does not lead to automatic trademark rights. To be eligible for trademark protection, the name has to be used in commerce and be a source identifier that is recognizable for a business, product, or service.

Social media handles are also trademarkable when they refer to a company or brand but not a person. If an actively used social media handle refers to a business for marketing purposes, brand recognition, and commerce activities, then trademark protection could apply. An example is the fact that “@NikeOfficial” could be trademarked since it inherently identifies with the brand identity of Nike while “@BestShoes” will surely be refused due to the reason that it is too general in nature. Also, in case another person gets your brand’s name registered as a handle on social media, if you hold trademark rights, then you might have the right to claim it. Most social media sites have trademark policies in place where companies can report and recover handles which are trademark infringing.

For domain names, trademark eligibility hinges on whether the domain is used as a brand name instead of merely a website address. For instance, “Amazon.com” is a registered trademark since “Amazon” is a brand for online retail services. But a descriptive domain name such as “BestPhones.com” would not qualify for a trademark since it is only describing the goods being sold. To trademark a domain name, you need to first carry out a trademark search, make sure that the name is in use for business purposes, and then apply for trademark registration with the Indian Trade Mark Registry (CGPDTM) or the United States Patent and Trademark Office (USPTO).

Trademark infringement is when an individual uses a mark that is identically or confusingly similar to a registered trademark without authorization, causing consumer confusion. This unauthorized use can occur in several ways, including duplicating a brand name, logo, or slogan, selling knockoffs, or employing a deceptively similar mark in advertising. Infringement can hurt a brand’s reputation, confuse customers, and result in losses of money for the true trademark owner.

In order to establish negligence or not, courts typically evaluate whether there was similarity of the marks, whether the products or services are related, and whether buyers would be confused. For instance, if a firm begins selling electronic devices using the name “Applez”, it may amount to infringement on Apple Inc.’s trademark as it is phonetically and visually identical and pertains to the same goods.

If you find that your trademark is being used, the initial step is to collect proof of such unauthorized use, like screenshots, product listings, or ads. You can then send a cease-and-desist letter to the infringer, officially requesting them to cease using your trademark. Most conflicts are settled at this point without going to court. But if the violation persists, you can sue for trademark infringement in court, claiming damages and a temporary and permanent restraining order to prevent further abuse. Trademark cases in India are dealt with according to the Trade Marks Act, 1999, and can lead to civil penalties or criminal prosecution. 

Also, if the violation is done online, like using your trademark name on a domain, social media account, or online shopping website, you can file a complaint with the respective site or authority. Sites like Amazon, Instagram, and Facebook have trademark protection policies that enable rightful owners to take back their brand identity and eliminate violating content.

The most effective way to defend your trademark is to file for its registration early, track unauthorized use, and act promptly against infringers. In case you need assistance in enforcing your trademark rights, seeking advice from an IP lawyer can ensure that your brand is legally protected.

A trademark opposition is a judicial complaint by a third party against a trademark application at the publication stage of its registration process. When an individual applies for a trademark, it is scrutinized by the Trade Marks Registry and, if accepted, the mark is then published in the Trade Mark Journal, making it open for oppositions from the public. This provides others with the opportunity to oppose the mark if they feel its registration would lead to confusion, violate their rights, or contravene trademark laws.

In India, opposition to trademarks are regulated by the Trade Marks Act, 1999, and have to be made within four months of publication in the Journal. 

In the United States, opposition procedure is administered by the Trademark Trial and Appeal Board (TTAB), and oppositions have to be made within 30 days of publication in the Official Gazette.

Opposition is usually made on grounds such as:

• The trademark applied for is identical or confusingly similar to a mark that already exists.
• The mark is descriptive, generic, or misleading, or violative of the provisions of the Trade Marks Act, 1999.
• The applicant has filed in bad faith or is not the legitimate owner.

How to Defend Your Trademark Against Opposition

If your trademark is opposed, you will be issued a Notice of Opposition by the Trade Marks Registry, and you will have to file a Counter Statement within two months (India) or 40 days (U.S.) in order to defend your mark. Failure to file a Counter Statement will result in your application being deemed to be abandoned. 

Trademark opposition is a frequent aspect of the registration process, but having a solidly prepared defence can defend your rights. In case you get opposed, it is important to reply as soon as possible with sound evidence and legal arguments.

Yes, a trademark registration can be revoked or cancelled. Even once a trademark is registered, it is not above the law. A trademark can be revoked (taken off the register) or cancelled (invalidated) if it no longer qualifies for protection under the provisions of the Trade Marks Act, 1999, or if it was registered in error.

A trademark may be challenged for revocation or cancellation on several grounds, which include:

• Non-Use of the Trademark- In most jurisdictions, a registered trademark has to be continuously used in business. If a trademark has not been used consecutively for five years and three months (India) or three consecutive years (U.S.), it can be revoked for non-use.
• Generic- When a trademark becomes a generic name for a service or product, it can be deprived of protection. For instance, “Escalator” and “Aspirin” were trademarks which became generic as time passed.
• Incorrect or Fraudulent Registration- If a trademark was registered in bad faith, in an incorrect manner, or by an incorrect person, it can be revoked.
• Chance of Confusion with an Already Registered Trademark- If it is subsequently discovered that the trademark must not have been registered because it is too similar to an already existing mark, it can be revoked.
• Misleading or Offensive Marks- If a trademark is misleading, offensive, or against public policy, it can be cancelled.

Trademark cancellation or revocation is a legal procedure that keeps only legitimate and actively utilized marks in force. To protect your trademark, practice regular use, renewal, and legal compliance. 

A trademark needs to be renewed in order to continue to have its protection under the Trade Marks Act, 1999. In India, a trademark registration is effective for 10 years from the date of application and can be renewed infinitely every 10 years. In the United States, trademarks can also be protected forever, and the owner need to submit periodic maintenance filings and renew every 10 years.

Renewal of trademark has to be performed prior to the expiration of the rgeistration in order not to lose rights. Renewal filings may be done in India a year ahead of expiry, and with a six-month extension/ grace period after expiry, which will attract an additional late payment fee. In the US, trademark proprietors also need to file declarations of continued use during the 5th through 6th year upon registration, with then a 10-yearly renewal application.

If the trademark is not renewed, it is deleted from the Register and is at risk of cancellation or third-party registration. To steer clear of that, monitor your renewal deadlines and set reminders for when to renew timely.

International trademark registration is a system that enables an owner of a brand to obtain trademark protection in several countries through one application. This is facilitated mainly by the Madrid System, which is regulated by the World Intellectual Property Organization (WIPO). It is an easy and affordable method to extend your brand’s legal protection beyond your native country, without having to file separate applications in each jurisdiction.

However, there isn’t such a thing as an international trademark. Registration internationally through the Madrid System functions more like a package of individual national applications, each nation reviews your application under its domestic law and grants or denies protection accordingly.

To get a trademark registered internationally through the Madrid System, here is the general process:

• Home Application or Registration

You first need to have a trademark application or registration within your home country. This is also known as the basic mark. Without this, you will not be able to proceed with an international filing.

• Filing International Application

You lodge the international application with your country of residence’s trademark office, the Controller General of Patents, Designs, and Trade Marks (CGPDTM) in India, or the USPTO in America. The office certifies the application and passes it on to WIPO. 

• WIPO Examination

WIPO reviews the application for formalities (e.g., correct classification, fees, necessary information). If everything is correct, the mark is registered in the International Register and published in the WIPO Gazette.

• National Examination by Designated Countries

WIPO then sends your application to the trademark offices of each designated country where you are seeking protection. These offices examine the application according to their own legal standards. Each country can approve or refuse your request, and if refused, you must respond directly to that country’s office.

• Protection Granted

If a nation does not object within 12–18 months (for some nations), the trademark is registered in that country. If they do object, you might have to follow their domestic processes to reply or contest.

International trademark filing is a great method for brand holders wanting to go global while maintaining costs and administrative burdens. Through the Madrid System, you simplify protecting your trademark in more than 130 countries. Nevertheless, since each jurisdiction uses its own set of legal standards, working with professional expertise allows you to effectively go through the process and prevent expensive missteps.