Your brand name and logo are often among the most valuable things a business owns, yet many founders never formally protect them. A registered trademark gives you exclusive rights to use the mark for the goods or services it covers and a clear basis to stop others from copying it. This article explains, at a general level, how trademark registration works, why you should search before you apply, and what an objection or opposition means.
Reviewed by CA Harika Chebolu, FCA · Last updated 2026-06-15
Quick answer
A trademark protects the brand name, logo or mark that distinguishes your goods or services. Here's how registration works, why a search matters first, and what to do if your application is objected to.
A trademark is a sign that distinguishes your goods or services from those of others — typically a brand name, logo, tagline or a combination. Registration is not compulsory to use a mark, but it converts an informal claim into a recognised right: it gives you exclusive use within the classes you register for, makes enforcement against copycats far easier, and lets you license or assign the mark. Trademarks are registered against specific classes of goods and services, so the same word can sometimes coexist in unrelated classes. Treat this as general background rather than legal advice on your particular mark.
Before filing, a search of the trademark register helps you see whether an identical or deceptively similar mark already exists for similar goods or services. Filing without searching risks wasting time and fees on a mark that will be refused, or worse, building a brand around something you cannot defend. A search looks for exact matches, phonetic and visual similarities, and marks in related classes. It does not guarantee acceptance — the examiner forms an independent view — but it materially lowers the chance of an avoidable objection and helps you choose a stronger, more distinctive mark.
Registration begins with filing an application in the relevant class or classes, with details of the applicant and the goods or services covered. The application is examined, and if accepted it is advertised in the trademark journal so that others can see it. If no one opposes it within the allowed window, the mark proceeds to registration and you receive a certificate. Once registered, the mark is generally protected for a period and can be renewed indefinitely so long as renewals are filed on time. The exact stages and timelines vary case to case, so plan for the process to take time rather than expecting it overnight.
An objection is raised by the examiner during examination — for example, where the mark is considered non-distinctive, descriptive of the goods, or similar to an existing mark. An objection is not a final refusal: you are given a chance to respond with a written reply, and sometimes a hearing, explaining why your mark should be allowed. A well-reasoned reply, supported by evidence of use or distinctiveness, can overcome many objections. Because the response is what often decides the outcome, it is worth preparing it carefully rather than treating it as a formality.
Separate from an examiner's objection is opposition, where a third party challenges your mark after it is advertised. This is contested between the parties and decided on the merits. Practically, you can use the "TM" symbol while an application is pending and the "R" symbol only once the mark is registered. Registration is not the end: keep using the mark, renew it on time, and watch the journal for conflicting applications so you can oppose them. A mark that is registered but unused or unrenewed can be vulnerable, so treat protection as something you maintain.
No — you can use an unregistered mark, but registration gives you far stronger rights. A registered trademark grants exclusive use within its classes and makes it much easier to stop others from copying you. Until then, you rely on weaker, harder-to-enforce rights. This is general information, not legal advice on your specific mark.
A search shows whether an identical or similar mark already exists for similar goods or services , so you avoid filing for something likely to be refused or opposed. It does not guarantee acceptance, since the examiner decides independently, but it helps you pick a stronger mark and reduces avoidable objections.
An objection is the examiner's concern about your mark, not a final refusal. You are given a chance to reply in writing, and sometimes at a hearing, explaining why the mark should be allowed. A careful, well-supported response can overcome many objections, so it is worth preparing properly.
Thinking about protecting your brand name or logo? Write to the firm and we'll help you search the register, choose a strong mark and guide you through filing and any objection.