A trade mark is a sign — a word, logo, device, shape, colour combination or sound — capable of distinguishing one undertaking's goods or services from another's. Registration under the Trade Marks Act, 1999 gives the proprietor the exclusive right to use the mark for the goods or services it is registered for, and the right to sue for infringement.
For a business in Hyderabad, the practical questions are usually the same three: which office of the Trade Marks Registry will handle the application, what the application actually has to pass through, and which court hears the matter if the mark is later copied. This page sets out the position under the Act and the Trade Marks Rules, 2017 as it applies to an applicant whose principal place of business is in Hyderabad.
Which Trade Marks Registry office handles a Hyderabad application
- Appropriate office
- Trade Marks Registry, Chennai
- Territorial jurisdiction
- Andhra Pradesh, Telangana, Karnataka, Kerala, Tamil Nadu, and the Union Territories of Puducherry and Lakshadweep
- Determined by
- Principal place of business in India of the applicant
- Statutory basis
- Rule 4, Trade Marks Rules, 2017
- Registry address
- Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 600 032
Under Rule 4 of the Trade Marks Rules, 2017, the appropriate office of the Trade Marks Registry is the office within whose territorial limits the applicant's principal place of business in India is situated. Where there are joint applicants, it is the principal place of business of the applicant named first. Where no applicant has a principal place of business in India, the address for service in India stated in the application determines the office.
An applicant based in Hyderabad therefore files at the Trade Marks Registry, Chennai — not at a registry office in Hyderabad, as there is none. Filing is in any event done electronically through the CGPDTM e-filing portal, so the physical location of the office rarely affects the day-to-day conduct of an application.
Rule 5 provides that a later change in the principal place of business, or in the address for service, does not alter the jurisdiction of the office once an application is pending or has been made. The office that takes the application keeps it.
How the firm acts for a client in Hyderabad
Prosecution before the Trade Marks Registry is conducted electronically and hearings are ordinarily held by video conference. The points below set out how the firm conducts a trade mark matter for a client based in Hyderabad.
Applications, replies to examination reports, oppositions and renewals are filed through the CGPDTM e-filing portal — a single national system. A file for an applicant in Hyderabad is prepared and prosecuted the same way wherever the advocate sits.
Show-cause and opposition hearings before the Trade Marks Registry, Chennai are ordinarily listed and heard online. Neither the applicant nor the advocate is usually required to attend in person.
Where an infringement suit, appeal or rectification requires appearance before a court in Telangana, the firm associates local counsel who appears on the record. The firm continues to conduct the matter — pleadings, evidence, strategy and instructions — throughout.
An initial consultation is arranged on request and is held by telephone or video. There is no fee for the initial conversation. Documents are exchanged electronically.
What the firm handles in trade mark matters
- Availability and conflict searches
- Filing and prosecution of national and Madrid Protocol applications
- Responses to examination reports and show-cause hearings
- Opposition, rectification and cancellation proceedings
- Trade-mark renewal and maintenance — registrations are valid for 10 years and renewable indefinitely
- Trade-mark licensing, assignment and franchising agreements
- Civil suits for infringement and passing off; cease-and-desist work
Who can apply to register a trade mark
Under Section 18(1) of the Trade Marks Act, 1999, any person claiming to be the proprietor of a mark that is used, or is proposed to be used, by them may apply. Proprietorship, not incorporation, is what the section turns on.
- Individuals and sole proprietors, in their own name
- Partnership firms, limited liability partnerships, companies, trusts and registered societies
- Joint applicants, where the mark is owned jointly
- Foreign applicants, acting through an agent or giving an address for service in India
- A business not yet incorporated — the application is made in the name of the person who is presently the proprietor, and assigned to the company once incorporated
An applicant recognised as a startup by the DPIIT, or registered as a small enterprise under the MSMED Act, 2006, pays the concessional statutory fee on filing the supporting certificate.
What can and cannot be registered
An application is examined on two sets of grounds. Absolute grounds go to the mark itself; relative grounds go to conflict with rights that already exist. Most examination reports raise one or both.
Absolute grounds for refusal
Section 9, Trade Marks Act, 1999
- Marks devoid of any distinctive character
- Marks that designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services
- Marks that have become customary in the current language or in the bona fide established practices of the trade
- Marks of such nature as to deceive the public or cause confusion
- Matter likely to hurt religious susceptibilities, and scandalous or obscene matter
- Names and emblems prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950
- Shapes arising from the nature of the goods, needed to obtain a technical result, or giving substantial value to the goods
Relative grounds for refusal
Section 11, Trade Marks Act, 1999
- Identity or similarity with an earlier mark, for identical or similar goods or services, where there exists a likelihood of confusion on the part of the public
- Use that would take unfair advantage of, or be detrimental to, the distinctive character or repute of a well-known mark in India
- Marks whose use in India is liable to be prevented by the law of passing off protecting an unregistered mark
- Marks whose use is liable to be prevented by the law of copyright
The proviso to Section 9(1) matters in practice: a mark that has in fact acquired a distinctive character as a result of use before the date of application is not refused on the descriptiveness grounds. Evidence of use is what carries such a case.
Classes — how the specification is framed
Goods and services are classified under the NICE Classification, which India follows. There are 45 classes: 1 to 34 cover goods and 35 to 45 cover services. The class or classes chosen define the scope of the registration, and the statutory fee is charged per class, per application.
A single application may cover more than one class. That is a multi-class application, and the fee multiplies by the number of classes; it does not make the filing cheaper, but it keeps one application number and one prosecution history.
Framing the specification is the part of the exercise that is worth care. A specification drawn too narrowly leaves the business unprotected as it grows into adjacent goods. One drawn too broadly attracts citations under Section 11 from marks the applicant never intended to conflict with, and invites a non-use challenge later under Section 47. The specification cannot afterwards be broadened.
Documents required to file
- A clear representation of the mark — for a device, logo or label mark, an image file in the prescribed format
- Name, address, nationality and legal status of the applicant
- The specification of goods or services, with class numbers under the NICE Classification
- The date of first use, if the mark is already in use, supported by an affidavit and evidence such as invoices, advertisements, packaging or dated listings
- Power of Attorney in Form TM-48, where an agent or advocate is appointed to act
- DPIIT startup recognition certificate or Udyam registration certificate, where the concessional fee is claimed
- Certificate of incorporation for a company or LLP, or the partnership deed for a firm
Where the mark is proposed to be used rather than already in use, no evidence of use is filed — the application is made on a "proposed to be used" basis, and the date of first use is left unclaimed.
How an application proceeds
- 01 Availability and conflict search
A search of the Register and of pending applications in the relevant class or classes, to assess whether the proposed mark is available and whether earlier marks are likely to be cited against it.
- 02 Filing Form TM-A
The application is filed in Form TM-A at the appropriate office, specifying the mark, the applicant, the goods or services under the NICE Classification, and the date of first use if the mark is already in use. A Power of Attorney in Form TM-48 is filed where an agent or advocate acts for the applicant.
- 03 Examination and the examination report
The Registrar examines the application for absolute and relative grounds of refusal under Sections 9 and 11 of the Act. Objections are communicated in an examination report. Under Rule 33 of the Trade Marks Rules, 2017, a reply is due within one month of receipt; failing that, the Registrar may treat the application as abandoned.
- 04 Show-cause hearing
Where the reply does not dispose of the objections, the Registrar may fix a hearing. Hearings are ordinarily conducted by video conferencing, so attendance does not depend on the applicant or the agent being in the registry city.
- 05 Advertisement in the Trade Marks Journal
On acceptance, the mark is advertised in the Trade Marks Journal, which is published online. Advertisement opens the mark to third-party objection.
- 06 Opposition
Under Section 21 of the Trade Marks Act, 1999, any person may give notice of opposition within four months from the date of advertisement. Opposition proceedings involve pleadings, evidence by affidavit, and a hearing before the Registrar.
- 07 Registration and renewal
If unopposed, or if opposition is decided in the applicant’s favour, the mark proceeds to registration. Under Section 25, registration is for ten years and is renewable for further ten-year periods indefinitely, subject to the renewal application and fee.
What the timeline usually looks like
Two of the periods below are fixed by the Act and the Rules. The rest depend on the workload of the Registry and on whether anyone opposes, and cannot be assured.
| Stage | Typical period | Basis |
|---|---|---|
| Filing to examination report | Varies with Registry workload; expedited processing shortens it materially | Administrative |
| Reply to the examination report | Within one month of receipt | Rule 33 |
| Show-cause hearing, if required | As listed by the Registry; ordinarily by video conference | Administrative |
| Advertisement in the Trade Marks Journal | After acceptance | Section 20 |
| Opposition window | Four months from the date of advertisement | Section 21(1) |
| Contested opposition to decision | Pleadings, evidence by affidavit and hearing — often well over a year | Sections 21(2)–(5) |
| Entry in the register | After the opposition period expires, or the opposition is decided | Section 23 |
| Term of registration | Ten years, renewable indefinitely | Section 25 |
An unopposed application that clears examination without difficulty is commonly spoken of as taking somewhere between twelve and eighteen months. That is an observation about ordinary practice, not a commitment; the ™ symbol may be used from the date of filing, while ® may be used only once the mark is registered.
Government fees for trade mark registration
| Matter | E-filing | Physical filing |
|---|---|---|
| Application to register a mark (TM-A) — individual, startup or small enterprise | ₹4,500 | ₹5,000 |
| Application to register a mark (TM-A) — all other applicants | ₹9,000 | ₹10,000 |
| Notice of opposition, or counter-statement (TM-O) | ₹2,700 | ₹3,000 |
| Renewal of registration (TM-R) | ₹9,000 | ₹10,000 |
| Renewal with surcharge, within six months of expiry | ₹4,500 + renewal fee | ₹5,000 + renewal fee |
| Restoration and renewal of a removed mark | ₹9,000 + renewal fee | ₹10,000 + renewal fee |
| Expedited processing of an application (TM-M) — individual, startup or small enterprise | ₹20,000 | Not available |
| Expedited processing of an application (TM-M) — all other applicants | ₹40,000 | Not available |
These are the statutory fees payable to the Trade Marks Registry under the First Schedule to the Trade Marks Rules, 2017. Except where stated, each fee is charged per class, per application or registration. They are not the firm’s fees. Riva Legal Associates does not disclose its professional fees on this website; the fee for a particular matter is set out in the engagement letter before work begins. The figures are reproduced for general information and are subject to amendment of the Rules.
After registration — what the proprietor has to keep doing
A registration is not self-maintaining. Four obligations decide whether it is still worth anything five years later.
- Use the mark. Under Section 47, a registered mark may be taken off the register on the application of an aggrieved person if there has been no bona fide use for a continuous period of five years and three months from the date the mark was entered in the register.
- Renew before expiry. A renewal application may be made at any time up to one year before expiry under Section 25(3). If it is missed, renewal with a surcharge is available within six months of expiry.
- Restore if removed. Where a mark has been removed for non-renewal, an application for restoration and renewal may be made after six months and within one year of expiry, under Section 25(4).
- Record changes. Assignments, transmissions, and changes in the proprietor’s name or address are recorded on the register; an unrecorded assignment can create difficulty in enforcement.
- Mark correctly. ® may be used only in relation to a mark that is registered. Falsely representing a mark as registered is an offence under Section 107 of the Act.
Where a trade mark dispute from Hyderabad is heard
The Telangana High Court does not exercise ordinary original civil jurisdiction, so a suit for infringement or passing off arising in Hyderabad is instituted at first instance before the Commercial Courts at Hyderabad. The Telangana High Court (principal seat at Hyderabad) hears the matter in appeal, and in its writ and supervisory jurisdiction.
A trade mark suit of a specified value is a commercial dispute under the Commercial Courts Act, 2015 and is heard by a Commercial Court or the Commercial Division. Section 12A of that Act requires pre-institution mediation where the plaintiff does not seek urgent interim relief.
Appeals from an order of the Registrar of Trade Marks lie to the High Court under Section 91 of the Trade Marks Act, 1999, following the abolition of the Intellectual Property Appellate Board by the Tribunals Reforms Act, 2021. Applications for rectification or cancellation of a registered mark under Sections 47 and 57 may be made to the Registrar or to the High Court.
The Telangana High Court has not constituted a dedicated Intellectual Property Division, though it is among the High Courts for which the Delhi High Court's IP Division has recommended one. Intellectual property suits are presently heard as commercial disputes by the Commercial Courts at Hyderabad.
Where trade mark questions commonly arise in Hyderabad
Hyderabad is one of the world’s principal centres for bulk drugs, vaccines and pharmaceutical manufacturing, alongside a large information technology sector and the Telugu film industry. That shapes the trade mark work that comes out of the city.
- Pharmaceuticals and bulk drugs — the defining sector of the city, and the one where deceptive similarity is judged most strictly, following Cadila Health Care Ltd v Cadila Pharmaceuticals Ltd, (2001) 5 SCC 73.
- Information technology and services — service marks from the technology corridor, in Classes 9, 35 and 42.
- Film and entertainment — the Telugu film industry, where title registration, character names and merchandising arise.
- Biotechnology and vaccines — product marks and house marks in a globally significant manufacturing cluster.
- Pearls, bangles and jewellery — a distinctive local trade with long-established house names.
- Food and hospitality — regional cuisine brands, a category with heavy imitation and where Hyderabad Haleem is separately protected as a geographical indication.
Sector context is set out here to describe the local economy and to indicate where questions of this kind arise. It is not a statement about the firm’s clients or engagements.
Relevant statutory framework
- Trade Marks Act, 1999
- Trade Marks Rules, 2017
- Commercial Courts Act, 2015
- Code of Civil Procedure, 1908
- Tribunals Reforms Act, 2021
- NICE Classification (11th edition)
Frequently asked questions
Which trade mark office has jurisdiction over a Hyderabad business?
The Trade Marks Registry, Chennai. Under Rule 4 of the Trade Marks Rules, 2017, the appropriate office is fixed by the applicant’s principal place of business in India. That office has territorial jurisdiction over Andhra Pradesh, Telangana, Karnataka, Kerala, Tamil Nadu, and the Union Territories of Puducherry and Lakshadweep.
How much does trademark registration cost in Hyderabad?
The statutory fee payable to the Registry is ₹4,500 per class for e-filing by an individual, startup or small enterprise, and ₹9,000 per class for all other applicants. Physical filing costs ₹500 and ₹1,000 more respectively. Professional fees are separate and are not published on this website; they are set out in the engagement letter.
How long does trade mark registration take in Hyderabad?
Timelines vary with the objections raised and whether the mark is opposed. An unopposed application that clears examination without difficulty may typically proceed to registration in about twelve to eighteen months; an opposed application can take considerably longer. No timeline can be assured, as the pace depends on the Registry and on any third party who files opposition.
Does an applicant have to be present in Hyderabad to file?
No. Applications are filed electronically through the CGPDTM portal, examination reports are issued and replied to online, and hearings before the Registrar are ordinarily held by video conferencing. Physical attendance at the Trade Marks Registry, Chennai is not usually required.
What documents are needed to file a trade mark application?
A representation of the mark, details of the applicant, the goods or services and their classes under the NICE Classification, the date of first use if the mark is already in use together with evidence of that use, and a Power of Attorney in Form TM-48 where an agent or advocate is appointed. Applicants claiming the concessional fee as a startup or small enterprise must file the supporting registration or certificate.
What happens if the application receives an objection?
The Registrar issues an examination report setting out the objections, usually under Section 9 (absolute grounds) or Section 11 (relative grounds). A reply is due within one month of receipt under Rule 33 of the Trade Marks Rules, 2017. If the objections are not resolved on the papers, the Registrar may fix a show-cause hearing. An objection is a stage in the process, not a refusal.
Which trade mark class should the application be filed in?
The class follows the goods or services actually sold, not the industry label. There are 45 classes under the NICE Classification — 1 to 34 for goods and 35 to 45 for services. A business that manufactures a product and also runs retail outlets for it will often need both a goods class and Class 35. The statutory fee is charged per class, so the specification is a commercial decision as much as a legal one.
Can a name and a logo be registered in one application?
A word and a device can be filed together as a composite or label mark in a single application. That protects the combination as it appears. It does not, by itself, give the strongest protection to the word alone — where the word is the asset, a separate word-mark application is generally also filed, so that protection does not depend on the logo remaining unchanged.
What is the difference between the ™ and ® symbols?
™ may be used from the date of filing, and indeed with an unregistered mark, to assert a claim to it. ® may be used only in relation to a mark that is actually on the register. Falsely representing a mark as registered is an offence under Section 107 of the Trade Marks Act, 1999.
How can the status of an application be checked?
The Registry publishes application status on the CGPDTM e-register, and the Trade Marks Journal is published online. The status entry shows the stage the application has reached, any examination report issued, and whether the mark has been advertised or opposed.
What happens if the mark is opposed after advertisement?
A notice of opposition under Section 21 begins a contested proceeding before the Registrar. The applicant must file a counter-statement within two months of receiving the notice, failing which the application is deemed abandoned. Evidence is then filed by affidavit on both sides, and the Registrar hears the matter and decides it. An opposition is not a refusal, and a substantial proportion are settled between the parties.
Is trade mark registration compulsory?
No. An unregistered mark that has acquired goodwill can be protected by an action for passing off, preserved by Section 27(2) of the Trade Marks Act, 1999. Registration is what makes the statutory action for infringement available, and it shifts the evidentiary burden considerably in the proprietor’s favour.
Can the firm act in a Hyderabad trade mark matter from Jaipur?
Prosecution work before the Trade Marks Registry — searches, filing, replies to examination reports, hearings and opposition — is conducted electronically and does not depend on the location of the advocate. Where a matter requires appearance before a court in Telangana, the firm associates with local counsel, who appears on the record while the firm coordinates the matter. The firm’s chambers are in Jaipur; it does not maintain an office in Hyderabad.
Riva Legal Associates works from a single chambers in Jaipur, Rajasthan and does not maintain an office in Hyderabad. Matters requiring appearance before a court in Telangana are handled in association with local counsel.
This page is published for general information about the law and procedure that applies to a business in Hyderabad. It is not legal advice, an advertisement, or a solicitation, and it should not be relied upon as a statement of the law applicable to any particular matter. For advice on a specific matter, please contact the firm or consult a qualified advocate.
Other intellectual property matters in Hyderabad
Trade Marks in other cities
The firm accepts matters from clients across India, in association with local counsel where appearance in another state is required.
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