Trademark Glossary India: 60+ Essential Trademark Terms Explained (2026)

A – F

Abandonment

When a trademark application is treated as withdrawn — typically because the applicant missed the 30-day objection reply deadline or failed to respond to the registry's communications. An abandoned application loses its filing date priority.

Absolute Grounds

Grounds under Section 9 of the Trade Marks Act for refusing trademark registration based on the mark itself — not comparison with existing marks. Examples: the mark is descriptive, generic, deceptive, or contrary to public morality.

Acquired Distinctiveness

When a trademark that was originally descriptive or non-distinctive has — through extensive use over time — become exclusively associated with one brand in consumers' minds. Also called "secondary meaning." Can overcome Section 9 objections.

Advertisement (Journal)

The stage when an accepted trademark application is published in the Trade Marks Journal — making it public and opening the 4-month window for third parties to file oppositions.

Agent (Trademark)

A person registered with IP India to file trademark applications on behalf of applicants. Unlike attorneys, agents cannot represent clients in court — only before the Registrar.

Assignment

The permanent transfer of trademark ownership from one party (assignor) to another (assignee). Recorded using Form TM-P. Assignment with goodwill transfers the entire brand value; assignment without goodwill transfers only the mark rights.

Attorney (Trademark)

An advocate with expertise in trademark law who can both file applications with IP India and represent clients in court proceedings.

Basic Mark

The "home registration" or home application required before filing an international trademark application through the Madrid Protocol. The Indian trademark application or registration that forms the basis of the international application.

Brand Registry

Amazon's and other e-commerce platforms' programmes that allow registered trademark owners to access brand protection tools — removing counterfeit listings, accessing A+ content, and filing IP complaints. Requires a registered trademark or pending application.

Cancellation

The removal of a registered trademark from the Trade Marks Register — typically via a petition filed at the High Court on grounds such as non-use for 5+ years, fraud in obtaining registration, or the mark becoming generic.

CGPDTM

Controller General of Patents, Designs and Trade Marks — the government body under the Ministry of Commerce that administers India's trademark, patent, design, and geographical indications registration systems through IP India.

Class (Trademark Class)

A category in the Nice Classification system (45 total) that groups related goods (Classes 1–34) or services (Classes 35–45). A trademark only protects the owner in the classes it is registered in.

Collective Mark

A trademark owned by an association or cooperative and used by its members to indicate membership or compliance with group standards. Governed by Sections 61–68 of the Trade Marks Act.

Certification Mark

A trademark owned by a body that certifies that goods or services of others meet its standards — without the certifying body itself trading in those goods/services. Examples: ISI (BIS), AGMARK, Woolmark.

Common Law Rights

Trademark rights acquired through actual use in commerce — without formal registration. The basis of passing off actions. Less enforceable than registered trademark rights.

Concessional Fee

The reduced filing fee of ₹4,500 per class (online) available to individuals, MSMEs with Udyam registration, and DPIIT-recognised startups — vs ₹9,000 per class for companies and LLPs.

Counter-Statement

The applicant's written response to a Notice of Opposition filed against their trademark application. Must be filed within 2 months of receiving the opposition notice. Failure to file = automatic abandonment of the application.

Device Mark

A trademark consisting of a logo, symbol, or artistic design — as opposed to a pure word mark. Filed as a JPEG image. Protects the specific visual design.

Deceptive Similarity

The legal test under Section 11 for determining if two marks are too similar — would a person of ordinary intelligence with imperfect recollection be confused about the source of goods/services? Assessed on visual, phonetic, and conceptual similarity.

DPIIT

Department for Promotion of Industry and Internal Trade — recognises Indian startups under the Startup India initiative. DPIIT-recognised startups qualify for concessional trademark fees and SIPP scheme benefits.

Examination Report

The official document issued by the IP India examiner after examining a trademark application. May approve the mark directly, or raise objections (absolute or relative grounds). Applicant has 30 days to reply to objections.

Expedited Examination

Fast-track examination service available for an additional fee (₹20,000 for MSMEs, ₹40,000 for companies). Reduces examination timeline to 30 working days vs the standard 3–6 months.

Form TM-A

The official IP India application form for filing a new trademark. Submitted online at ipindiaonline.gov.in. Contains details of the mark, applicant, class, and goods/services description.

Form TM-M

Miscellaneous Application form used for various requests including: requesting expedited examination, applying for well-known trademark status, and other procedural matters.

Form TM-O

Notice of Opposition — the form used to oppose a trademark application published in the Trade Marks Journal. Filing fee: ₹2,700. Must be filed within 4 months of journal publication.

Form TM-P

Application for registration of subsequent proprietor (assignment). Used to record trademark assignment (ownership transfer) with IP India. Fee: ₹9,000 per mark.

Form TM-R

Trademark renewal application. Used to renew a registered trademark every 10 years. Fee: ₹9,000 per class (all applicant types).

Form TM-U

Application to register a Registered User (licensee). Records a trademark licence with IP India, making the licensee's use of the mark legally formalised.

Form TM-48

Power of Attorney authorising a trademark agent or attorney to act on the applicant's behalf. Must be signed by the applicant and uploaded at the time of filing.

Formalities Check

The initial review by IP India after filing to confirm the application is formally complete — correct form, documents uploaded, fee paid. After passing formalities check, the application proceeds to substantive examination.

G – N

GI Tag (Geographical Indication)

A sign used on products that have a specific geographic origin — Darjeeling Tea, Banarasi Saree, Kanchipuram Silk. Separate from trademark — GI protects geographic origin collectively; trademark protects individual brand names.

Goodwill

The reputation and customer recognition associated with a brand in a particular market. Goodwill is what gives a trademark its commercial value. Must be proven to succeed in a passing off action.

Hearing

A formal proceeding before the Trademark Registrar (or Hearing Officer) when an examiner is not satisfied with the written reply to objections, or in opposition proceedings. Now typically conducted via video.

Infringement

The unauthorised use of a registered trademark, or a deceptively similar mark, for identical or similar goods/services. Civil remedy: injunction and damages. Criminal remedy: imprisonment and fines under Sections 103/104 of the Trade Marks Act.

IP India

The Office of the Controller General of Patents, Designs & Trade Marks — the government body that operates India's trademark, patent, design, and GI registration systems. Portal: ipindiaonline.gov.in.

IPAB

Intellectual Property Appellate Board — the tribunal that previously heard appeals from Registrar decisions and cancellation petitions. Dissolved in 2021 — its jurisdiction transferred to the respective High Courts.

Journal (Trade Marks Journal)

The official publication by IP India listing all trademark applications accepted for advertisement. After publication, there is a 4-month window for third parties to file oppositions.

Madrid Protocol

The international trademark registration system administered by WIPO. Allows Indian trademark holders to extend their protection to 130+ countries through a single application filed via IP India. Builds on the Indian "basic mark."

Mark

Any word, name, symbol, device, sound, colour, shape, or combination thereof used to identify and distinguish the goods or services of one person from those of others. Can be registered as a trademark.

Misrepresentation

In passing off law — a false representation by a trader that their goods/services are those of the plaintiff, or are associated with the plaintiff. One of the three elements of passing off.

Nice Classification (NCL)

The international system classifying goods and services into 45 classes for trademark registration purposes. Used by 90+ countries including India. India uses the 11th Edition.

Non-Use Cancellation

The cancellation of a registered trademark that has not been genuinely used in commerce for 5 consecutive years and 3 months after registration (Section 47, Trade Marks Act).

O – Z

Opposition

A formal challenge to a published trademark application by a third party. Filed using Form TM-O within 4 months of journal publication. Decided by the Registrar after hearing both parties.

Paris Convention

An international treaty allowing trademark applicants to claim the filing date of their first country's application as the priority date in other member countries — if filed within 6 months of the original filing.

Passing Off

A common law tort protecting unregistered trademarks. To succeed, the plaintiff must prove goodwill, misrepresentation, and damage. Significantly harder to enforce than a registered trademark infringement claim.

Phonetic Similarity

When two marks sound similar when spoken aloud — a key factor in determining deceptive similarity. "Kool" and "Cool" are phonetically similar. Phonetic search on IP India finds such conflicts.

Power of Attorney (PoA)

Form TM-48 — authorises a trademark agent or attorney to file and prosecute a trademark application on the applicant's behalf. Must be submitted at the time of filing.

Priority Date

The legally significant date from which trademark rights are calculated — the date your application was filed. Earlier priority date = stronger rights in disputes between parties claiming the same mark.

Rectification

A petition to correct or remove an entry in the Trade Marks Register. Can correct errors or remove wrongly registered marks. Filed at the Registrar (for corrections) or High Court (for cancellation).

Registered User

A licensee formally recorded with IP India under Form TM-U. The Registered User's use of the mark counts as the trademark owner's use, which is important for defending against non-use cancellation petitions.

Relative Grounds

Grounds for refusal under Section 11 — based on the mark's similarity to existing registered marks. As opposed to absolute grounds (Section 9), which relate to the mark itself.

Renewal

The process of extending a trademark registration for a further 10-year period. Filed using Form TM-R, fee ₹9,000 per class. Must be filed before expiry or within 6 months after expiry (with surcharge).

Section 9 / Section 11

The two main sections of the Trade Marks Act under which trademark applications are objected. Section 9 = absolute grounds (mark's own characteristics). Section 11 = relative grounds (similarity to existing marks).

Series Mark

Multiple related trademarks registered in a single application — marks that differ only in colour, non-distinctive elements, or goods/services description. Governed by Section 15 of the Trade Marks Act.

SIPP Scheme

Startup IP Protection scheme by DPIIT — provides DPIIT-recognised startups with zero facilitation fee for trademark, patent, and design filing through empanelled IP professionals. Government reimburses the professional's fee.

Sound Mark

A trademark consisting of a distinctive sound — a jingle, startup sound, or brand audio identifier. Filed with an MP3 file and graphical representation of the sound wave.

Trade Dress

The overall visual appearance of a product or its packaging — colour scheme, shape, layout — that functions as a brand identifier. Can be protected under trademark law as a combination mark.

Trade Marks Act, 1999

India's primary legislation governing trademark registration, enforcement, and related matters. Replaced the Trade and Merchandise Marks Act, 1958.

Trade Marks Journal

IP India's official publication listing trademark applications accepted for advertisement. Published online at ipindiaonline.gov.in. The 4-month opposition window begins from the date of journal publication.

Trade Marks Registry

One of India's five trademark offices (Delhi, Mumbai, Chennai, Kolkata, Ahmedabad) that examines and registers trademark applications. Your business's location determines which registry handles your application.

Udyam Registration

India's MSME registration certificate (replaced Udyog Aadhar). Required to qualify for the concessional ₹4,500 trademark filing fee. Free to obtain at udyamregistration.gov.in.

User Affidavit

A sworn statement submitted with a trademark application claiming prior use of the mark in commerce before the filing date. Supports stronger rights against someone who filed a similar mark after you started using yours.

Vienna Code

The international classification code for figurative elements of logos and device marks. Used in the Vienna Code Search on IP India to find similar logos.

Well-Known Trademark

A trademark that is known to a substantial segment of the public and gets cross-class protection — preventing similar marks in all 45 classes. Listed on IP India's official Register of Well-Known Trademarks.

Wordmark

A trademark consisting of text only — no logo or stylisation. Protects the word/name in any font, colour, or presentation. Broader protection than a device mark.

WIPO

World Intellectual Property Organization — the UN agency that administers the Madrid Protocol (international trademark), PCT (international patents), and other global IP systems.

Frequently Asked Questions