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AnsweredIntellectual Property

Do I need to register my trademark before using it?

Asked by Suresh Reddy10 May 20251,890 views
I have started a small business and have been using a brand name for 6 months. Do I need to register it as a trademark? What protection does unregistered trademark have in India?
trademarkbrand protectionIP law

1 Answer

A
Adv. Arvind ReddyView Profile✓ Accepted
Answered 11 May 2025
While trademark registration is not mandatory, it is highly recommended. An unregistered trademark has limited protection under common law passing off. Registered trademark gives you exclusive rights, statutory protection, and the ability to sue for infringement. Registration costs ₹9,000 per class and takes 12-18 months.
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