Your brand name is one of the most valuable assets your ecommerce business owns. Once you have spent months building brand recognition through your Shopify store, social media, and customer reviews, the last thing you want is for someone else to copy your name, logo, or tagline. Trademark registration gives you legal ownership of your brand identity in India. It lets you take action against copycats, gives customers confidence in your authenticity, and significantly increases the valuation of your business if you ever seek investment or want to sell. The process is simpler than most founders think — and the cost for small businesses is remarkably low.
What Can You Trademark?
In India, you can trademark a brand name (word mark), a logo (device mark), a combination of name and logo, a slogan or tagline, and even a distinctive colour combination or packaging shape (trade dress). For most Shopify ecommerce brands, you will want to trademark at minimum your brand name as a word mark — this covers the name regardless of font or colour. If your logo is distinctive, trademark that too as a separate device mark or as a combined mark. One important point: trademarks protect your brand identity, not your products themselves. Product design or functional features are protected by design registration or patents — different processes entirely.
How to Apply: The Step-by-Step Process
Trademark applications in India are filed through the Intellectual Property India portal at ipindia.gov.in. Before applying, conduct a trademark search on the same portal to check whether your desired mark is already registered by someone else in the same class. Choose the right class for your products — Class 25 covers clothing and footwear, Class 3 covers cosmetics, Class 30 covers food, Class 35 covers retail services. If your brand spans multiple categories, file in each relevant class separately (each filing is a separate fee). Once you file, your TM status moves to “Objection Period” where third parties can oppose your application. You can legally use the ™ symbol immediately after filing — the ® symbol is reserved for fully registered marks only. The typical timeline from application to registration is 18 to 24 months.
Cost and What Happens After Registration
For startups and small businesses (with turnover below ₹25 lakh), the government fee for a trademark application is ₹4,500 per class when filed online. Larger companies pay ₹9,000 per class. If you hire a trademark attorney to handle the filing (recommended for beginners), add ₹3,000 to ₹8,000 in professional fees. Once registered, your trademark is valid for 10 years and must be renewed before expiry for another 10 years. Actively monitor for infringement — you can set up Google Alerts for your brand name and check marketplaces periodically. If you discover a copycat, a registered trademark gives you the legal standing to issue a cease-and-desist letter or file a complaint with the trademark registry or civil courts. For Indian ecommerce brands looking to scale professionally, talk to the OneOnic team about building a store that reflects your trademarked brand properly.
Frequently Asked Questions
Can I use ™ before my trademark is registered?
Yes. The ™ (trademark) symbol can be used as soon as you file your trademark application — it signals that you are claiming trademark rights even while the registration is pending. You cannot use the ® (registered trademark) symbol until the trademark is officially registered by the IP India office, which typically takes 18 to 24 months. Using ® before registration is a legal offence in India.
Does a trademark registered in India protect me internationally?
An Indian trademark protects you only within India. If you plan to sell internationally — to the UK, USA, UAE, or other markets — you need to register separately in those jurisdictions. The Madrid Protocol allows Indian trademark holders to file internationally through a single application (handled via IP India). If you are building a brand with global aspirations, file in your top export markets as soon as your budget allows. In the meantime, your Indian trademark filing date establishes “prior use” evidence that can help in international disputes.
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