Registration of a trade mark provides statutory protection to the proprietor and enables the owner to distinguish their goods or services from others in the marketplace.

Key benefits of registration include:

• Exclusive legal rights to use the mark in relation to the registered goods or services
• Protection against infringement and misuse by others
• Creation of a valuable business asset that can be licensed or assigned
• Consumer trust and brand recognition
• Ability to enforce rights through legal proceedings

While unregistered marks may be protected under common law, registration offers stronger and clearer legal protection.

Types of Trademark

The following types of marks can be registered, provided they are distinctive and meet legal requirements:

• Word Marks – names, words, slogans
• Device Marks – logos, symbols, stylised text
• Shape Marks – shape of goods or packaging
• Colour Combination Marks
• Sound Marks

Certain marks are prohibited or refused registration, including:

• Marks lacking distinctiveness
• Generic or descriptive terms
• Marks that are deceptive or likely to confuse the public
• Marks containing prohibited or offensive matter
• Marks identical or deceptively similar to existing registered marks
• Marks prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950

Any person or entity claiming to be the proprietor of a trade mark may apply, including:

• Individuals
• Startups
• Small and Medium Enterprises (SMEs)
• Companies
• Partnership firms
• Trusts or societies
• Foreign applicants

Applicants may apply either directly or through a registered trade mark agent or attorney.

Trade marks are registered for specific goods or services, which are categorised into classes under the Nice Classification system.

• Classes 1–34: Goods
• Classes 35–45: Services

Selecting the correct class and accurately describing goods or services is essential for effective protection.

An application may be filed:

• On a proposed-to-be-used basis
• Based on prior use of the trade mark

Where prior use is claimed, user affidavit and supporting documents is required.

• A registered trade mark is valid for 10 years from the date of application
• Registration may be renewed indefinitely for further periods of 10 years by filing the proper form with the requisite fee
• Timely renewal is required to maintain protection

Failure to renew may result in removal of the mark from the register.