Trademark registration in India is filed online with the Trade Marks Registry in Form TM-A under the Trade Marks Act, 1999. The official fee is Rs 4,500 per class for individuals, startups and small enterprises and Rs 9,000 for others. After examination and a four-month opposition window, the mark is registered for 10 years and can be renewed indefinitely.
What does trademark registration protect?
A trademark is any sign that distinguishes your goods or services from others: a brand name, logo, tagline, label, shape or even a sound. Registration gives you the exclusive right to use the mark for the registered goods or services across India, and the right to sue for infringement. Without registration you can still act against passing off, but you must prove your reputation, which is slower and harder.
Who can apply?
Any individual, proprietorship, partnership, LLP, company, trust or society can file. Registration does not require that you are already using the mark: you can file on a proposed to be used basis. Early filing matters because in India priority generally goes to the earlier filer or earlier user.
Choosing the right class
Goods and services are grouped into 45 classes under the Nice Classification. Classes 1 to 34 cover goods and 35 to 45 cover services. For example, clothing falls in class 25, software products in class 9, and software services in class 42. A separate fee applies to each class, and protection only extends to the classes and descriptions you file. Choosing too narrow a description is a common mistake that leaves gaps in protection.
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Get expert help →Step-by-step registration process
- Trademark search: check the Registry's database for identical or similar marks in your class. This reduces the risk of objection or opposition.
- File Form TM-A online with the mark, class, goods or services description, user date and applicant details. You can start using the TM symbol once the application is filed.
- Examination: an examiner reviews the application and issues an examination report, which may raise objections on absolute grounds (such as descriptiveness) or relative grounds (conflict with earlier marks).
- Reply: respond to the examination report within one month, and attend a show cause hearing if required.
- Publication: once accepted, the mark is advertised in the Trade Marks Journal.
- Opposition window: any person can oppose within four months of publication.
- Registration: if there is no opposition, or it is decided in your favour, the certificate is issued and you can use the R symbol.
Official fees
| Applicant | E-filing | Physical filing |
|---|---|---|
| Individual, startup (DPIIT recognised) or small enterprise | Rs 4,500 per class | Rs 5,000 per class |
| Others (companies, LLPs not qualifying as small) | Rs 9,000 per class | Rs 10,000 per class |
Small enterprise status is usually shown with an Udyam registration certificate. Replies, hearings and oppositions involve separate professional fees.
How long does it take?
Filing gives you an application number immediately. Examination reports are currently often issued within a few months of filing. If there are no objections or oppositions, registration commonly follows within about 6 to 18 months. Objections, hearings or oppositions can extend this considerably.
TM vs R symbol and renewal
Use TM after filing to signal that you claim the mark. Use R only after registration. Using R on an unregistered mark is an offence under the Act. A registration is valid for 10 years from the date of application and can be renewed every 10 years by filing Form TM-R, ideally in the six months before expiry.
Frequently asked questions
Can I use my brand name while the trademark is pending?
Yes. You can use the brand and the TM symbol as soon as the application is filed. Your rights date back to the application date once the mark is registered. However, you should not use the R symbol until the registration certificate is issued.
What if my trademark application receives an objection?
An objection in the examination report is common and does not mean rejection. You must file a written reply within one month explaining why the mark is registrable, often with evidence of use. If the examiner is not satisfied, a show cause hearing is scheduled where arguments can be presented.
Can I register a logo and a brand name together?
You can file a composite mark containing both the logo and the name, but protection then covers that combination. Many businesses file the word mark and the logo separately, because a word mark gives broader protection for the name in any style or font.
Does an Indian trademark protect my brand abroad?
No. Trademark rights are territorial, so an Indian registration protects the brand only in India. For other countries you can file national applications or use the Madrid Protocol, under which India is a member, to seek protection in multiple countries through one international application.
How much does trademark registration cost in total?
The official fee is Rs 4,500 per class for individuals, startups and small enterprises, or Rs 9,000 per class for others, when filed online. Total cost also depends on the number of classes, professional fees for search and filing, and whether replies or hearings are needed later.
Who can oppose my trademark?
Any person can file a notice of opposition within four months of the mark being published in the Trade Marks Journal, usually an owner of a similar earlier mark. You then file a counter-statement, both sides submit evidence, and the Registrar decides after a hearing.
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