Your brand name is an asset. Someone else can register it before you do — and they won’t warn you.

You can use it (passing off protection for prior users exists at common law) but you cannot register it without the existing registrant’s consent or a successful cancellation/rectification proceeding. A phonetically similar mark in the same class is a "relative ground" for refusal under s.11 of the Trade Marks Act 1999. Your options: (a) consent letter from the existing registrant — rare, (b) file a rectification petition u/s 57 arguing the existing registration was obtained fraudulently or without bona fide use, (c) choose a different name. Check the CGPDTM TM Search portal before choosing any brand name.

Honestly: 18 to 36 months for a standard application. The process: filing → examination (30 working days statutory, often 6-12 months in practice) → response to objection (if any, 30 days) → journal advertisement (4 months) → registration certificate (3-6 months after advertisement). Expedited examination is available for an additional fee (₹20,000 individuals, ₹40,000 companies) — reduces examination wait to 2-3 months. The TM-A receipt (filed date) is your date of priority from Day 1, so early filing matters even before registration is complete.

Yes — but you must act. If someone files a TM application for your name in your class, you have 4 months from the journal advertisement date to file an opposition (Form TM-O, ₹2,700 individuals). Your grounds: prior use, reputation, and the likelihood of confusion. You must submit evidence of prior use — invoices, screenshots, GST filings, advertisements with dates. An opposition is not automatic — you file it or lose the window. The best protection: file your own application now, before anyone else does.

™ means you are claiming trademark rights in the name/logo — you can use it from the moment you file the TM-A application (or even before filing, based on common law use). It carries no legal weight on its own but signals intent. ® means the mark is officially registered by the Trade Marks Registry. Using ® before registration is an offence under s.107 of the Act. You may use ™ throughout the pending period; switch to ® only after the registration certificate is issued.

Yes — the trademark application is in the name of the legal entity (your company or LLP or proprietor), but the mark itself can be any name, logo, or phrase you want to protect. It does not need to match your legal name or your GSTIN trade name. Many companies operate multiple brands, all registered as separate trademarks under one legal entity. Just ensure the GSTIN-registered business is the applicant — a trademark is an asset of the legal entity, not of the brand itself.