What trademark registration protects
A registered trademark gives you the exclusive right to use a brand name, logo, tagline or other distinctive sign for the goods or services it is registered for, and the right to take action against infringement. Registration lasts ten years and can be renewed indefinitely.
It matters for any business that is investing in a brand: consumer products, restaurants, D2C labels, software and service firms, and manufacturers whose packaging is copied. It is also useful when raising funds or licensing, since investors and franchisees want to know the brand is owned by the company. Registration covers India; protection abroad needs separate filings or the Madrid Protocol route.
Filing process and documents
We first run a search of the Trade Marks Registry database for identical and similar marks in the relevant classes and share our view of the risk. Choosing classes under the Nice Classification carefully is important, as the description of goods or services defines the scope of protection.
The application in Form TM-A is filed online. Documents usually include the applicant's details and identity proof, the logo in JPG format if it is a device mark, a user affidavit if you claim prior use, a Form TM-48 authorisation for the registered trademark agent or advocate who files on your behalf, and for startups or small enterprises, proof of DPIIT recognition or Udyam registration, which qualifies for the reduced official fee.
Trademark filing for Delhi-based brands
Applications are filed online, but each is handled by the appropriate office of the Trade Marks Registry based on the applicant's principal place of business in India. For Delhi-based applicants, this is the Delhi branch of the Registry, which also matters for hearings and certain correspondence.
Delhi's markets have a long history of look-alike branding, from apparel and auto parts to packaged food, so early registration and a watch on new filings is particularly useful here. NCR's startup and D2C brands, many of which sell online across India from day one, also face the risk that a similar name is filed by someone else first. A registration makes marketplace takedown requests far easier to pursue.
Why apply through Finaccle's Delhi office
Our team handles the search, class selection, filing and every stage after it, including drafting replies to examination reports and tracking deadlines in the Trade Marks Journal. Because Finaccle also handles incorporation and compliance, we can align the trademark applicant with the right entity, so a brand is not left in a founder's personal name by mistake.
Everything can be done online, with a Chartered Accountant overseeing the process and documents. Where an application receives an opposition or needs a hearing that calls for litigation expertise, we will tell you clearly and coordinate with a trademark attorney rather than stretch beyond our role. We do not promise registration, since that depends on the Registry and third parties.
Trademark Registration in Delhi: FAQs
Can I use the ® symbol after filing my application?
No. The ® symbol may be used only after the trademark is registered. Once the application is filed, you can use ™ to indicate that you claim the mark as yours. Using ® on an unregistered mark is an offence under the Trade Marks Act, so wait for the registration certificate.
What happens if the Registry raises an objection?
The examiner issues an examination report citing grounds such as lack of distinctiveness or similarity to an earlier mark. A written reply must be filed within the prescribed time, with arguments and evidence of use where relevant. If the reply is not accepted, a hearing is scheduled. Objections are common and are not the same as rejection.
Should I register the brand in my name or my company's name?
If the business is run through a company or LLP, registering in the entity's name is usually cleaner, since the brand becomes an asset of the business and investors can see it. Registering in a founder's name requires a later assignment or licence. The choice should be made before filing.
Is there a lower government fee for small businesses?
Yes. Individuals, startups recognised by DPIIT and small enterprises registered under Udyam pay a lower official fee per class than other applicants. You need to submit proof of eligibility, such as the DPIIT certificate or Udyam registration certificate, with the application. We check eligibility before filing.
Talk to Finaccle
Read more about our Trademark Registration services, or book a free consultation with our Delhi team. You can also browse our FAQs.
Trademark Registration support is also available in Surat and Mumbai.