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Trademark Application

What is Trademark Application about?

A Trademark Application is the legal process by which an individual, business, or organization seeks to protect a brand name, logo, slogan, symbol, or design under the Trade Marks Act, 1999 in India.


Registering a trademark grants the applicant exclusive rights over the use of that mark for specific goods or services, and protects it from unauthorized use by competitors or third parties.

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A registered trademark:

  • Builds brand identity and consumer trust,

  • Legally protects intellectual property,

  • Allows the owner to enforce exclusive rights through legal remedies,

  • Enhances brand value for business expansion, franchising, or investment.

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A trademark can be applied for:

  • A word mark (like ‘Nike’),

  • A logo (the Nike swoosh),

  • A tagline (Just Do It),

  • Product packaging,

  • Even a unique sound or color combination (in special cases).

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Importantly, trademark rights in India are territorial, meaning that registration is valid only within the Indian jurisdiction unless international protections (through Madrid Protocol) are separately sought.

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At EMPL, we help businesses navigate the trademark registration process end-to-end — from brand search and class selection to filing, tracking, and responding to objections — ensuring that your brand assets are legally protected and future-ready.

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Which products are covered?

Trademark applications can be filed under 45 different classes, covering almost every industry. Here are some popular trademark classes by product/service type: (Each product/service must be correctly classified under the Nice Classification system for trademark protection.)

Class 9: Electronics, software, IT devices

Class 25: Clothing, footwear, headgear

Class 30: Food items (spices, bakery, packaged foods)

Class 35: Business consulting, marketing, advertising services

Class 41: Education, training, entertainment services

Class 5: Pharmaceuticals and healthcare products

Class 43: Hotels, restaurants, food services

  • Any of the following can apply for a trademark:

    • Individual entrepreneurs (even if they haven't yet formally registered a business)

    • Startups and MSMEs

    • Private Limited companies or LLPs

    • Proprietorships and partnerships

    • Trusts, societies, and NGOs

    • Foreign companies seeking protection for their brands in India

    At EMPL, we assist everyone from individual founders to large corporations in filing strong trademark applications, advising on classification, and protecting their brands for long-term business growth.

  • The Trademark Application process in India typically follows this timeline:

    • Trademark search and application filing: 2–3 working days

    • Formal examination by Trademark Registry: 3–6 months

    • Publication in Trademark Journal (if no objection): 4–6 months

    • Certificate of Registration issuance: 8–12 months (if no oppositions arise)

    In ideal cases (no objections/oppositions), a trademark can be registered within 8 to 12 months.
    However, applicants are allowed to start using the ™ symbol immediately after filing the application.

    EMPL helps speed up the application and monitoring process, drafts strong replies to examination reports, and actively manages the case to avoid unnecessary delays.

  • Before filing a Trademark Application, applicants must ensure:

    • Unique and distinctive brand name/logo (not generic or descriptive)

    • Trademark search is done to check for identical or similar existing marks

    • Correct selection of class(es) covering intended goods/services

    • Owner identity documents (Aadhar Card, Passport, PAN Card, etc.)

    • Business registration proof (in case of companies or LLPs)

    • Power of Attorney (if an agent or consultant is filing on the applicant’s behalf)

    Working with EMPL ensures that the correct classes are selected, pre-filing searches are properly conducted, and applications are drafted and defended carefully — protecting your brand’s future value.

  • Yes, you can file a trademark application on a proposed to be used basis even if your business is not yet operational.

  • ™ (Trademark) symbol can be used after filing an application.
    ® (Registered) symbol can only be used after the trademark is officially registered by the Trademark Registry.

  • In case of an objection, EMPL assists in drafting and submitting strong replies or, if needed, handling hearings before the Trademark Registry.

  • No. Indian trademark registration offers protection only within India. For international protection, a separate application under the Madrid Protocol must be filed.

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