Trademark Registration for Amazon & Flipkart Sellers

No, a pending application is enough. Amazon Brand Registry accepts an active registered trade mark or a pending application from the Indian trade marks office. The mark must be a word mark, or a design mark that contains words, letters or numbers, and its text must match your brand name. Once Form TM-A is filed, you can apply with the application number the same day.

Flipkart usually asks a brand owner for a trade mark certificate, and accepts the application number at some stages. Resellers instead need an authorisation letter from the brand owner and purchase invoices. Images of the product, packaging and MRP label are commonly requested. Requirements change, so check the current list in Seller Hub. We prepare the trade mark side so you have the right papers ready.

Form TM-A costs ₹4,500 per class on e-filing for an individual, startup or small enterprise, and ₹9,000 per class for others. Paper filing is ₹5,000 and ₹10,000. A small seller with Udyam registration pays the lower fee. Most sellers need one or two classes, and the registration then lasts 10 years before renewal, so you pay once for a long run.

File in the class of the products you sell. India follows the Nice Classification, which has 45 classes: 1 to 34 for goods and 35 to 45 for services. Clothing is Class 25, cosmetics Class 3, and food items fall in classes 29 to 31. If you sell across categories, each class needs its own fee. We map your catalogue to classes before filing so nothing important is left out.

For marketplaces, file the word mark first. A word mark protects the brand name in any font or style, and it meets Amazon’s rule that the mark’s text must match the brand name. A logo can be filed as a second application later. If your budget allows only one filing, the word mark gives you the widest protection and the smoothest Brand Registry approval.

No, use ™ until the registration certificate is issued. The ® symbol is only for registered marks, and falsely representing a mark as registered is an offence under Section 107 of the Trade Marks Act. You can print ™ on packaging and listings from the day you file. Once registered, update your packaging and listing images to ®.

You reply to the examination report within one month, and most objections can be answered. Common grounds are lack of distinctiveness under Section 9 or similarity to an earlier mark under Section 11. A reply with arguments and evidence of use often clears it, and a hearing can follow. We draft the reply and attend the hearing, so an objection is a step in the process, not the end of it.

Usually yes, though small intra-state goods sellers have an option. Sellers whose supplies attract tax collection at source by the marketplace must register under Section 24, but since 1 October 2023 small goods sellers below the threshold may sell within one state using an enrolment number instead. Marketplaces collect 0.5% TCS on net taxable supplies. We can handle your GST registration alongside the trade mark.

Start by filing your trade mark if you have not, then report the listings through the marketplace’s brand tools. Once registered, you can send a legal notice and sue for infringement. If the other seller has filed your brand first, you can oppose within four months of advertisement or seek rectification. Old invoices showing your earlier use carry real weight.