Trademark Registration Sees 20% Rise in India

India has witnessed a significant increase in intellectual property filings, with a 20% year-on-year rise, according to the CGPDTM Annual Report for 2024-25. The total IP filings crossed 7.49 lakh, with trademarks being the most in-demand, accounting for over 5.5 lakh applications and 3.82 lakh registered marks during the year.

The Indian government's initiative to digitalize the registration process has led to over 95% of trademark and design applications being filed online. However, many business owners are unaware of the importance of the filing date and certificate in trademark registration. In India, trademark rights are effective from the date of application, not when the certificate is issued.

Business owners can file Form TM-A on the IP India e-filing portal and receive an acknowledgement number within 1 to 3 working days. This allows them to legally use the ™ symbol beside their brand. However, using the ® symbol is only permitted when the trademark is successfully registered.

Many founders mistakenly believe that registering their business name and getting approval from the Registrar of Companies automatically protects their brand. However, company registration and brand protection are separate systems, run by separate ministries, protecting different aspects. Registering a business name only ensures that there is no other company with an identical or similar name on the MCA register, but it does not provide special rights to use that name as a brand.

To get a 50% concession on trademark registration charges, individuals, DPIIT-recognized startups, and Udyam-registered MSMEs must file in their own name and have a valid Udyam or DPIIT certificate. The government e-filing fee on Form TM-A is ₹9,000 per class, per mark, but eligible applicants can pay ₹4,500.

It is essential for business owners to understand the difference between company registration and brand protection, as well as the importance of filing date and certificate in trademark registration. With the rise in trademark filings, it is crucial for founders to treat both company registration and trademark registration as separate and important tasks.

The numbers highlight the growing importance of intellectual property protection in India. As the economy continues to grow, it is likely that trademark filings will increase, and business owners must be aware of the rules and regulations surrounding trademark registration.

In conclusion, the surge in trademark filings in India is a significant development, and business owners must be aware of the importance of filing date and certificate, as well as the difference between company registration and brand protection. By understanding these aspects, founders can ensure that their brand is protected and they can avoid potential disputes.

The Indian government's initiative to digitalize the registration process has made it easier for business owners to file for trademark registration. However, it is crucial for them to be aware of the rules and regulations surrounding trademark registration to avoid any potential issues.

As India continues to grow and develop, it is likely that intellectual property protection will become increasingly important. Business owners must be aware of the importance of trademark registration and take the necessary steps to protect their brand.

In the end, trademark registration is a critical aspect of business ownership, and founders must be aware of the rules and regulations surrounding it. By understanding the importance of filing date and certificate, as well as the difference between company registration and brand protection, business owners can ensure that their brand is protected and they can avoid potential disputes.