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Trademark & IP

Protect your brand, content and inventions — from search to registration.

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Trademark & IP: common questions

Who can apply for trademark registration in India?

Any individual, proprietorship, partnership firm, LLP, company, trust or society that uses or intends to use a mark can apply. The mark does not have to be in use already. You can file on a 'proposed to be used' basis and still get protection from the application date. Individuals, startups and registered small enterprises pay a lower government fee.

When should I file for trademark renewal?

You can file a renewal application in the year before your registration expires. Most owners file a few months ahead so there is no risk of missing the date. The ten-year term is counted from the application date, so check that date rather than the date on the registration certificate. Vibence can confirm the exact due date from the official record.

What is a trademark objection?

A trademark objection is a concern raised by the examiner in the examination report. It may say the mark is similar to an earlier one, describes the goods, lacks distinctiveness or has an unclear specification. An objection is not a rejection. It means the Registry needs you to explain why the mark should proceed. A reasoned reply gives the examiner a basis to accept the application.

What is a trademark opposition?

A trademark opposition is a formal objection by a third party to a mark that has been accepted and advertised in the Trade Marks Journal. Anyone who believes the mark should not be registered, for example because it is similar to their own brand, can oppose it. The Registrar then hears both sides and decides whether the mark proceeds to registration.