Trademark and Patent Registration in India are essential for protecting your brand identity and innovative ideas. While a Trademark safeguards brand elements like name, logo, or slogan, a Patent protects new inventions and technological innovations. Both registrations are governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM) under the Ministry of Commerce & Industry.
For startups, MSMEs, and established businesses, securing intellectual property rights helps prevent misuse, build credibility, and gain a competitive edge.
What is Trademark Registration?
Trademark Registration provides legal protection to brand identifiers such as:
- Brand name
- Logo
- Tagline
- Symbol or wordmark
Once registered, the owner gets exclusive rights to use the trademark across India for the registered class of goods or services.
What is Patent Registration?
Patent Registration grants exclusive rights over an invention that is:
- New
- Involves an inventive step
- Capable of industrial application
A patent prevents others from making, using, selling, or importing the invention without permission for a specific period.
Difference Between Trademark & Patent
| Basis | Trademark | Patent |
|---|---|---|
| Protects | Brand identity | Invention/innovation |
| Validity | 10 years (renewable) | 20 years |
| Governing Law | Trade Marks Act, 1999 | Patents Act, 1970 |
| Renewal | Every 10 years | Not renewable |
Step-by-Step Process for Trademark Registration in India
Step 1: Trademark Search
Conduct a public search to ensure the proposed trademark is unique and not already registered.
Step 2: Application Filing
- File Form TM-A online
- Select appropriate trademark class
- Attach logo/wordmark and applicant details
Step 3: Examination by Authority
The Registrar examines the application and may issue an examination report.
Step 4: Reply to Objection (If Any)
If objections are raised, a reply must be filed within the prescribed time.
Step 5: Publication in Trademark Journal
Accepted trademarks are published for public opposition.
Step 6: Registration Certificate
If no opposition is filed, the trademark is registered and a certificate is issued.
Step-by-Step Process for Patent Registration in India
Step 1: Patentability Search
Check whether the invention is novel and patentable.
Step 2: Drafting of Patent Application
Prepare a detailed patent specification (provisional or complete).
Step 3: Filing of Patent Application
File the application with the Indian Patent Office.
Step 4: Publication of Application
The application is published after 18 months (or early publication if requested).
Step 5: Request for Examination
A formal request is made for examination of the patent.
Step 6: Examination & Objections
The examiner reviews the application and issues a report, if required.
Step 7: Grant of Patent
Once objections are resolved, the patent is granted and published in the Patent Journal.
Documents Required
For Trademark Registration
- Applicant PAN & Aadhaar
- Logo (if applicable)
- Business registration proof
- Power of Attorney (TM-48)
For Patent Registration
- Invention details & drawings
- Applicant and inventor details
- Provisional/Complete specification
- Startup/MSME certificate (if applicable)
Benefits of Trademark & Patent Registration
- Exclusive ownership rights
- Legal protection against infringement
- Enhances brand value and credibility
- Helps in fundraising and licensing
- Creates valuable intangible assets
Validity & Renewal
- Trademark: Valid for 10 years and renewable indefinitely
- Patent: Valid for 20 years from filing date (non-renewable)
Why Choose Saving Mantra?
- Expert IP consultants
- End-to-end registration support
- Affordable and transparent pricing
- Timely updates and compliance tracking
- Startup & MSME-friendly solutions
Disclaimer
The information provided in this blog is for general informational purposes only and does not constitute legal, intellectual property, or professional advice. Procedures and timelines may vary as per government regulations. Saving Mantra recommends consulting qualified IP professionals before taking action.