A trademark is defined as a mark capable of graphical representation, distinguishing the goods or services of one person from those of another. It can include signs, symbols, designs, words, shapes, colours or combinations thereof. Sounds and 3D marks can also qualify as trademarks.

In India, trademarks are governed by the Trade Marks Act of 1999, and the common law remedy of passing off. Trademark rights are territorial in nature, which means that a trademark is valid only in the jurisdiction where it is registered or used (except for well-known marks). However, India is a signatory to the Madrid Protocol (1989) that allows a single trademark application to be registered in multiple jurisdictions across the world. This is greatly advantageous, as most of India's top trading partners are members of the Madrid Union. The initial term of protection by way of registration is 10 years, which is renewable for every 10 years, potentially in perpetuity.

While unregistered marks are recognized in India, registration greatly bolsters the right of the owner against third parties. The owner of a trademark can make an application at the appropriate trademark office in India. The fees are separate for individuals/start-up businesses/small enterprises and other entities. On receipt of the application, the trademark office will check if there is any preliminary objection to it, in which case the applicant will be given a hearing. If there is no objection (or on successful resolution of it), the mark will proceed to publication in the trademark journal, for opposition from the public. If there is no opposition (or on successful resolution of all oppositions) the mark will proceed to registration. A registered trademark can be challenged through the process of rectification. Infringement of a trademark attracts civil and criminal sanctions.