Trademark Registration
Protect your brand name, logo, and tagline with registered trademark rights across India.
Trademark registration under the Trade Marks Act, 1999 grants exclusive rights to use your brand name, logo, device mark, or tagline in connection with specified goods and services (Nice Classification classes). For food businesses, trademark protection covers brand names on packaging, restaurant names, product labels, and digital presence. Registration provides legal recourse against copycats, counterfeit products, and marketplace infringement. The application is filed on IP India portal (ipindia.gov.in) with examination, publication in Trade Marks Journal, and 4-month opposition window before registration certificate issuance. Complianceer conducts comprehensive trademark search, selects appropriate classes (Class 29, 30, 31, 43 for food businesses), files application, and manages examination objections and opposition proceedings.
At a glance
- Timeline: 12–24 months (registration timeline; application number issued in 1-2 weeks)
- Government fee: ₹4,500–₹9,000 (online filing; ₹4,500 for individual/startup/MSME per class)
- Professional fee: Starting from ₹3,499
Who needs this
- Food brands launching new products or D2C labels
- Restaurants and cloud kitchen chains protecting brand identity
- Franchisors securing trademark before expansion
- Manufacturers branding packaged food products
- Any business using a distinctive name, logo, or tagline commercially
Benefits
- Exclusive nationwide rights to use registered mark for specified goods/services
- Legal remedy against infringement, including injunctions, damages, and criminal prosecution
- Asset value. A registered trademark is intangible property on your balance sheet
- Required for brand licensing, franchising, and investor due diligence
- Deterrent against marketplace counterfeit listings and copycat brands
Eligibility
- Mark must be distinctive: not generic, descriptive, or deceptive
- Applicant must be person/entity claiming to be proprietor of the mark
- Mark must not be identical or deceptively similar to existing registered marks
- Proposed mark must not be prohibited under Emblems and Names Act or Geographical Indications
Documents
- Trademark application form (TM-A)
- Logo/wordmark/device in JPEG format (specific dimensions)
- User affidavit (if mark already in use, with evidence of use since the claimed date)
- Power of attorney (Form TM-48) if filed through agent
- Identity proof and address of applicant
- Business registration proof (COI, partnership deed)
- List of goods/services under Nice Classification
FAQs
Which trademark class for a food product brand?
Class 29 (processed foods, dairy), Class 30 (spices, bakery, confectionery), Class 31 (fresh produce), Class 32 (beverages), Class 43 (restaurant services). Most food brands file in Classes 29 and 30.
Can I trademark my restaurant name?
Yes. Restaurant names are trademarked under Class 43 (food services). Combined logo + name device marks provide strongest protection.
TM vs ®: when can I use each symbol?
Use ™ after filing application. Use ® only after registration certificate is issued. Using ® before registration is an offence.