Your brand travels faster than your filing. Lock the name, the look and the rights for advertising and creative agencies before someone else does.
IP framework for Indian ad agencies and design studios: freelancer assignments, work-for-hire rules, client IP carve-outs and Class 35 + 42 + copyright protection.
The Trade Marks Act, 1999 covers advertising and creative agencies across Class 35 (advertising & marketing), Class 42 (design services) and Class 41 (creative production). A single Form TM-A filed across the right classes protects the brand for ₹4,500 per class for individuals, DPIIT-recognised startups and Udyam MSMEs, and ₹9,000 per class for companies and LLPs, and a pre-filing search catches conflicts before they cost you.
Three filings cover most of the IP risk on day one. Each is a standalone service and each links to a deeper walkthrough.
Three patterns repeat across the briefs that reach our desk:
The common thread: the brand is the business, and the brand is unprotected until it sits on the register. Trademark registration is what converts reputation into an enforceable asset.
The minimum filing for advertising and creative agencies centres on Class 35 (advertising & marketing), Class 42 (design services) and Class 41 (creative production). File in the class you sell in today and the one you will sell in next year.
Government trademark fees are ₹4,500 per class for individuals, DPIIT-recognised startups and Udyam MSMEs, and ₹9,000 per class for companies and LLPs. The Cadila v. Cadila Healthcare deceptive-similarity test from the Supreme Court applies here too: a name that looks or sounds like an existing mark in your class can be blocked under Section 11.
An agency delivered a campaign built by a freelancer with no written assignment. The client demanded ownership; the agency could not transfer what it never owned.
The wordmark is the obvious filing. The look, the underlying works and the know-how are separate questions.
Scaling advertising and creative agencies this quarter? File the trademark before you go to market.
WhatsApp our team →Primarily Class 35, with Class 35, Class 42, Class 41 covering the full product and channel range. File the class you sell in today and the one you will sell in next year.
No. Licences such as FSSAI, AYUSH, IRDAI or RBI approvals govern how you operate; they give you no right over the brand name. Brand protection comes only from a trademark registration under the Trade Marks Act, 1999.
Filing takes about 48 hours once documents are ready. The certificate typically arrives 18 to 24 months later if there is no objection or opposition. You can use the ™ symbol from filing day.
Government fees are ₹4,500 per class for individuals, DPIIT-recognised startups and Udyam MSMEs, and ₹9,000 per class for companies and LLPs. A single-class filing through IPForte is typically ₹7,000 to ₹12,000 all-in, professional fees included.
The IPForte workflows most engaged by businesses in this sector.