Legal & IP·6 min read
Protect Your Brand: A Founder's Guide to Trademark Registration
File in the right Nice class before a competitor blocks your rebrand—TM symbol in weeks, ® after registration in 6–12 months.
January 18, 2024
What you'll take away
- Trademark search on IP India prevents costly rebrands after marketing spend.
- Class 9 for software, Class 35 for SaaS marketing—pick classes by what you sell.
- TM after filing; ® only after registration certificate issues.
- Pelago handles search, filing, and objection replies for Indian and Madrid routes.
Your brand is an asset—treat it like one
- Word mark vs device mark: word marks protect the name in any font.
- Collective marks and certification marks are separate strategies (rare for startups).
Founders spend lakhs on logos and domains but delay trademark filing. In India, bad-faith applications and 'first to file' disputes can force a rebrand after traction.
Registration grants exclusive use of your mark in the classes filed—national protection for 10 years, renewable.
Choosing the right classes
Trademarks are filed under Nice Classification (45 classes). Examples for tech founders:
Filing wrong class = protection in the wrong industry. List your actual revenue lines for the next 3 years.
| Class | Typical use |
|---|---|
| 9 | Software, SaaS products, electronics |
| 35 | Advertising, business management, online marketplaces |
| 42 | IT services, software development, cloud |
| 43 | Restaurants (if F&B brand) |
Founder tip: File word mark + logo as separate applications if budget allows—stronger coverage than logo alone.
Launching a brand this quarter?
Comprehensive trademark search + filing across relevant classes.
Start trademark searchProcess and timeline
- Search: Check IP India and common law usage.
- Application: Form TM-A with applicant details (company or individual).
- Examination: Objections under absolute/relative grounds—reply within 30 days.
- Journal publication: 4 months opposition window.
- Registration: Certificate issued; use ® symbol.
Expect 6–12 months barring opposition; budget ₹4,500–₹9,000 per class government fees plus professional fees.
TM vs ® and enforcement
Use ™ immediately after filing. Use ® only after registration. Sending cease-and-desist letters without registration is weaker—registered marks unlock customs recordal and platform takedowns.
Monitor similar filings quarterly; oppositions are cheaper than litigation after launch.
International expansion
Madrid Protocol filings can extend Indian base applications to other countries when you enter those markets—plan after domestic filing, not before validating the brand locally.
Pelago coordinates Indian filing and international strategy so fundraising decks match registered IP.