Trademark Registration in India | Process, Requirements & Fees

A trademark identifies the source of goods or services and distinguishes one business from another. A word, a business or product name, a logo, a tagline, a numeral, the shape of packaging, a colour combination or a sound can all function as a trademark.

Using a brand is not the same as registering it. Trademark registration in India under the Trade Marks Act, 1999 gives the registered proprietor statutory rights in the mark for the goods or services covered by the registration.

This guide sets out the trademark registration process in India: eligibility, trademark classes, the trademark search, documents, government fees, examination, objections, opposition, registration and renewal.

Key Information About Trademark Registration in India

• Primary law: Trade Marks Act, 1999, read with the Trade Marks Rules, 2017.
• Application form: TM-A, filed for one or more classes.
• Trademark classes: 45 classes under the Nice Classification (1–34 for goods, 35–45 for services).
• Government fee: ?4,500 per mark per class for an individual, startup or small enterprise; ?9,000 per mark per class for other applicants (e-filing).
• Online filing: available through the IP India e-filing system; physical filing carries a higher fee.
• Registration validity: 10 years from the date of application, renewable for further periods of 10 years.
• Main Registry stages: filing, examination, objection reply (if any), acceptance, journal publication, opposition (if any), registration.
• Primary authority: Trade Marks Registry, Office of the Controller General of Patents, Designs and Trade Marks.

Table of Contents

1. What Is Trademark Registration in India?
2. Why Is Trademark Registration Important?
3. Who Can Apply for Trademark Registration in India?
4. What Can Be Registered as a Trademark?
5. Types of Trademarks in India
6. Understanding Trademark Classes in India
7. Trademark Search in India
8. Documents Required for Trademark Registration
9. Trademark Registration Process in India
10. Step 1 – Check Trademark Availability
11. Step 2 – Select the Correct Trademark Class
12. Step 3 – Prepare the Trademark Application
13. Step 4 – File Form TM-A
14. Step 5 – Trademark Examination
15. Step 6 – Respond to Trademark Objection
16. Step 7 – Trademark Hearing
17. Step 8 – Trademark Journal Publication
18. Step 9 – Trademark Opposition
19. Step 10 – Trademark Registration
20. Trademark Registration Fees in India
21. How Long Does Trademark Registration Take in India?
22. Validity and Renewal of a Registered Trademark
23. Common Reasons for Trademark Objection or Refusal
24. TM vs ® – What Is the Difference?
25. Trademark Registration vs Company Registration
26. Trademark Registration for Foreign Businesses in India
27. International Trademark Protection
28. Why Hire a Trademark Lawyer in India?
29. Trademark Registration Services by Biswajit Sarkar Advocates – IP Attorneys
30. Frequently Asked Questions
31. Protect Your Brand With Trademark Registration in India

What Is Trademark Registration in India?

Trademark registration is the process of recording an eligible mark on the Register of Trade Marks maintained by the Trade Marks Registry. Under Section 18 of the Trade Marks Act, any person claiming to be the proprietor of a trademark that is used, or proposed to be used, may apply for registration.

An unregistered brand is not without protection. A business with established reputation can bring an action for passing off, but that requires proof of reputation, misrepresentation and damage in each case. A registration is prima facie evidence of ownership and validity and supports a statutory action for infringement.

Why Is Trademark Registration Important?

• Exclusive rights to use the mark for the goods or services covered by the registration.
• A statutory infringement action, in addition to the common-law remedy of passing off.
• Visibility on the Register, so that later applications for similar marks can be objected to or opposed.
• A transferable asset that can be licensed, assigned, franchised or valued.
• Supporting documentation for investor due diligence, e-commerce brand registries and international filings.
• Use of the ® symbol, which indicates registered status.

Who Can Apply for Trademark Registration in India?

Any person claiming to be the proprietor of a mark may apply, whether the mark is already in use or is proposed to be used. Applicants include individuals, sole proprietors, partnership firms, LLPs, private and public companies, trusts, societies, startups, MSMEs, and foreign companies and individuals.

The applicant category affects the fee. The reduced fee applies to individuals, startups recognised by DPIIT and small enterprises, where the supporting certificate is filed with the application. Where a larger entity is a joint applicant, the higher fee applies.

What Can Be Registered as a Trademark?

A mark must be capable of being represented graphically and of distinguishing the goods or services of one business from those of another. Registration is commonly sought for:

• Brand names, business names and product names
• Logos, devices and stylised representations
• Taglines and slogans
• Letters, numerals and combinations of words and devices
• Shapes of goods and packaging
• Colour combinations
• Sound marks, filed as an MP3 file of not more than thirty seconds with the musical notation

Not every name or logo is registrable. A mark may be refused if it is not distinctive, if it describes the kind, quality, quantity, purpose or geographical origin of the goods, if it is customary in the trade, if it is deceptive or likely to hurt religious sentiments, or if it is identical or similar to an earlier mark for similar goods or services.

Types of Trademarks in India

• Word mark: protects the word itself, in any font or styling.
• Device or logo mark: protects the artwork, layout, styling and, where claimed, the colours.
• Composite mark: words and device elements filed as a single mark.
• Service mark: a mark used for services, filed in classes 35 to 45.
• Collective mark: distinguishes the goods or services of members of an association.
• Certification mark: indicates that goods or services meet defined standards, such as origin, material or quality.
• Well-known mark: a mark with wide recognition, protected across classes following determination by the Registrar or a court.

A word mark and a logo are separate marks. A logo registration does not prevent use of the same name in a different design, so the two are often filed separately.

Understanding Trademark Classes in India

Protection is tied to the goods and services for which the mark is used or proposed to be used. India follows the Nice Classification of 45 classes: classes 1 to 34 cover goods and classes 35 to 45 cover services. A clothing label falls in class 25, a restaurant in class 43, a software product in class 9 or 42, and a consultancy in class 35.

Why Is Class Selection Important?

The classes chosen define the scope of the registration. A business that manufactures a product and retails it may require both a goods class and class 35. Classes in which the mark is not used can be open to a non-use application after five years, and the specification of goods or services should be set out in terms accepted by the Registry.

Trademark Search in India

A trademark search identifies earlier marks that may conflict with the proposed mark. The public search on the IP India portal covers the Register, and a wider search generally considers:

• Identical and deceptively similar marks, including phonetic and transliterated equivalents
• Marks with similar prefixes, suffixes or word structures
• Pending applications as well as registered marks
• Related classes, not only the class of immediate interest
• Company names, domain names and other unregistered use

Why Conduct a Trademark Search Before Filing?

A search is not mandatory, but it identifies conflicts before the application is filed, indicates the likelihood of an objection and allows an alternative mark to be considered. Filing fees are not refundable, so a conflict identified after filing results in the loss of the fee and the time spent in examination.

Documents Required for Trademark Registration

• Name, address, nationality and legal status of the applicant
• A clear representation of the mark (and an audio file with notation for a sound mark)
• The list of goods or services, with the correct class or classes
• Date of first use, if the mark is already in use, supported by a user affidavit and evidence of use
• Power of Attorney on Form TM-48, where an agent or attorney files the application
• DPIIT startup recognition certificate or Udyam (MSME) certificate, to claim the reduced fee
• Priority document, where priority is claimed from an application in a convention country filed within the preceding six months

Trademark Registration Process in India

The process runs as follows: trademark search, class selection, preparation of the application, filing of Form TM-A, examination, objection reply and hearing where required, acceptance, publication in the Trade Marks Journal, the opposition period, and registration. The route varies depending on whether an examination report is issued, whether a hearing is listed and whether a third party opposes the mark.

Step 1 – Check Trademark Availability

The first step is to check whether the proposed mark is available and whether earlier marks may conflict with it. The search should not be limited to the exact spelling. For a mark such as “XYZ”, similar spellings, phonetic variations, word combinations, device marks and marks in related classes should also be considered.

Step 2 – Select the Correct Trademark Class

The applicant then identifies the class or classes that correspond to the goods or services. The specification should reflect the actual and intended business activities rather than a broad class heading. A single TM-A application can cover more than one class, with the fee calculated for each class.

Step 3 – Prepare the Trademark Application

The application requires the applicant’s details, the representation of the mark, the description of goods or services, the class information, the use claim and the supporting documents, including a user affidavit where prior use is claimed. The representation of the mark defines what is claimed and should be finalised before filing.

Step 4 – File Form TM-A

An application for registration is filed on Form TM-A, online through the IP India e-filing portal or physically at the appropriate Trade Marks Registry office at a higher fee. An application number is issued on filing and can be used to track the application, and the ™ symbol may be used from this stage.

Step 5 – Trademark Examination

The Registry carries out a formality check and then examines the mark on absolute grounds, such as distinctiveness, descriptiveness and deceptiveness, and on relative grounds, such as conflict with earlier marks. Where objections arise, an examination report is issued.

Step 6 – Respond to Trademark Objection

An objection is not a refusal. Under Rule 33 of the Trade Marks Rules, 2017, a reply to the examination report is due within one month from its receipt. The reply should address each ground raised, distinguish the cited marks and include evidence of use or acquired distinctiveness where relevant. If no reply is filed in time, the application may be treated as abandoned.

Step 7 – Trademark Hearing

Where objections are not resolved on the basis of the written reply, the Registry lists the matter for a show-cause hearing, at which the applicant or the authorised representative presents arguments. The Registrar then accepts or refuses the application, and a refusal can be appealed to the High Court.

Step 8 – Trademark Journal Publication

An accepted mark is advertised in the weekly Trade Marks Journal. Publication allows third parties to review the mark and, if they wish, to oppose its registration.

Step 9 – Trademark Opposition

Any person may oppose the registration within four months of the date of publication, and this period cannot be extended. The applicant must file a counter-statement within two months of receiving a copy of the notice of opposition, failing which the application is deemed abandoned. Evidence from both sides and a hearing follow, after which the opposition is decided.

Step 10 – Trademark Registration

Where no opposition is filed, or an opposition fails, the mark is registered and the certificate of registration issues. Registration dates back to the date of application, and the ® symbol may be used from this point.

Trademark Registration Fees in India

The cost of registration comprises the government fee, which is fixed and non-refundable, and professional fees where an agent or attorney is engaged.

Current Government Fee for TM-Application

• Individual, startup or small enterprise: ?4,500 for e-filing; ?5,000 for physical filing.
• All other applicants: ?9,000 for e-filing; ?10,000 for physical filing.

Other Trademark Fees

• Notice of opposition or counter-statement: ?2,700 per class (e-filing)
• Renewal for a further 10 years: ?9,000 per class (e-filing)
• Renewal with surcharge after expiry: ?9,000 renewal fee plus a ?4,500 surcharge
• Restoration and renewal of a removed mark: ?9,000 renewal fee plus ?9,000
• Expedited processing of an application: ?20,000 for individuals, startups and small enterprises; ?40,000 for others (e-filing only)

The fee applies for each mark and each class, so a word mark and a logo filed in two classes attract four fees. Replying to an examination report and attending a hearing carry no government fee. The current IP India fee schedule should be checked before filing, as fees can change.

Disclaimer: trademark law, Registry practice and official fees change from time to time. The figures in this article reflect the fee schedule published by IP India at the time of writing. The applicable requirements and fees should be verified before filing.

 

How Long Does Trademark Registration Take in India?

There is no prescribed timeline. An application that is examined without objection, published and left unopposed is generally registered in about twelve to eighteen months. Expedited processing shortens the Registry stages where the higher fee is paid. Examination objections, hearings and opposition proceedings extend the timeline, and a contested opposition can take several years.

Validity and Renewal of a Registered Trademark

A registered trademark is valid for 10 years from the date of application and can be renewed for further 10-year periods without limit. A renewal application may be filed at any time within one year before expiry. If renewal is missed, the mark may be renewed with a surcharge within six months of expiry, and thereafter restoration and renewal may be applied for within one year of expiry.

Under Section 47 of the Trade Marks Act, a mark that has not been used in relation to the registered goods or services for a continuous period of five years and three months, counted from the date it was entered in the Register, may be removed on an application by an aggrieved person. Dated records of use, such as invoices, packaging and advertising, are relevant evidence in such proceedings.

Common Reasons for Trademark Objection or Refusal

Lack of Distinctiveness

The mark does not indicate a source, for example a common surname or an ordinary word used in relation to the goods.

Descriptive Marks

The mark describes the kind, quality, quantity, purpose, value or geographical origin of the goods or services, such as “Fresh Bakery” for baked goods.

Generic Terms

The word is the name of the product or service itself and cannot distinguish one trader from another.

Similarity With an Earlier Trademark

The mark is identical or deceptively similar to an earlier mark or pending application for the same or similar goods or services.

Deceptive or Misleading Marks

The mark suggests a quality, ingredient or origin that the goods or services do not have.

Prohibited Matter

Marks that hurt religious sentiments, contain scandalous matter, or use emblems protected under the Emblems and Names (Prevention of Improper Use) Act, 1950.

Incorrect or Overly Broad Specification

The goods or services are not described in terms accepted by the Registry or extend beyond the applicant’s use or intended use.

Objections are commonly addressed through a reply to the examination report, evidence of use, a limitation of the specification, or a consent letter from the proprietor of a cited mark.

TM vs ® – What Is the Difference?

TM

The ™ symbol may be used from the time a mark is adopted or an application is filed. It indicates a claim to the mark and does not require registration. SM is occasionally used for service marks, although ™ is the common practice in India.

®

The ® symbol may be used only after the mark is registered in India. Using it on an unregistered mark is a misrepresentation and can attract penalties.

Trademark Registration vs Company Registration

Company Registration

Incorporating a company or reserving a name with the Registrar of Companies establishes the legal entity. It does not create trademark rights in the name.

Trademark Registration

Trademark registration protects the brand under which goods or services are sold, in the classes applied for. A company incorporated under a particular name can still be restrained from using that name as a brand where it conflicts with an earlier registered trademark.

Trademark Registration for Foreign Businesses in India

Trademark rights are territorial, and a registration in another country does not by itself protect the brand in India. Foreign applicants can file in India directly or through an agent and can claim priority from a first application in a convention country if the Indian application is filed within six months of it. A foreign applicant without a place of business in India must provide an address for service in India, which is usually the address of the attorney on record.

International Trademark Protection

For protection outside India, two routes are available. National or regional applications can be filed directly in each jurisdiction, such as the United States, the United Kingdom, the European Union, China, Japan, South Korea or Russia. Alternatively, the Madrid Protocol allows a single international application, based on an Indian application or registration, designating several member countries.

An international registration under the Madrid Protocol remains dependent on the Indian base mark for five years: if the base application or registration ceases during that period, the international registration is affected to the same extent.

Why Hire a Trademark Lawyer in India?

There is no general requirement to engage a lawyer, although an applicant without a place of business in India needs an address for service in India. Professional assistance is commonly used for:

• Trademark search: identifying conflicting marks and assessing the risk they present.
• Class selection: matching classes and specifications to the business activities.
• Application preparation: the representation of the mark, the use claim and supporting documents.
• Filing strategy: word marks, logos, variants and multiple classes.
• Objection handling: replies to examination reports.
• Trademark hearing: representation before the Trade Marks Registry.
• Opposition proceedings: notices, counter-statements, evidence and hearings.
• Trademark infringement: enforcement, cease-and-desist notices and online takedowns.
• Licensing and assignment: recording transactions in trademark rights.
• International protection: national filings and applications under the Madrid Protocol.

Trademark Registration Services by Biswajit Sarkar Advocates – IP Attorneys

Biswajit Sarkar Advocates – IP Attorneys advises businesses, entrepreneurs, startups, manufacturers, creators and international clients across the full range of intellectual property: patents, trademarks, copyrights, industrial designs, geographical indications, cyber law and IP litigation.

Trademark Services

Our trademark practice covers search and clearance, filing and prosecution, class selection, objection replies, hearings, opposition and rectification, infringement and enforcement, renewals, assignments and licensing, and international filings. We assist Indian clients seeking protection abroad, as well as foreign clients entering the Indian market.

Frequently Asked Questions

What is trademark registration in India?

It is the process of registering an eligible mark with the Trade Marks Registry under the Trade Marks Act, 1999 for specified goods or services, giving the proprietor exclusive statutory rights in that mark.

How can I register a trademark in India?

Conduct a search, select the correct class or classes, file Form TM-A online with the prescribed fee, respond to any examination objections, attend a hearing if one is listed, and proceed through journal publication and the opposition period to registration.

What is Form TM-A?

TM-A is the prescribed form for an application to register a trademark for goods or services under the Trade Marks Rules, 2017.

How much does trademark registration cost in India?

The government fee for an e-filed TM-A application is ?4,500 per mark per class for individuals, startups and small enterprises, and ?9,000 per mark per class for other applicants. Professional fees and later procedural fees are additional.

Can I register a trademark in multiple classes?

Yes. A single TM-A application can cover multiple classes, and the fee is calculated for each class.

How long is a trademark registration valid in India?

Ten years from the date of application, renewable for successive 10-year periods with no upper limit.

Is a trademark search necessary before filing?

A search is not mandatory, but it identifies conflicting earlier marks before the application is filed. Filing fees are not refundable.

What happens if my trademark application receives an objection?

A reply to the examination report must be filed within one month of its receipt, addressing each ground raised. If the objection is maintained, the matter is listed for a hearing before the Registrar.

What is trademark opposition?

After an accepted mark is published in the Trade Marks Journal, any person may oppose its registration within four months. The applicant files a counter-statement within two months, followed by evidence and a hearing.

Can a foreign company register a trademark in India?

Yes. Foreign applicants may file in India and must provide an address for service in India, usually through an Indian attorney.

Can I register my company name as a trademark?

A company name may be registrable as a trademark, but incorporation does not create trademark rights. A separate application is required.

When can I use the ® symbol?

Only after the mark is registered in India. Before registration, ™ may be used.

Do I need a trademark lawyer in India?

There is no general requirement to engage a lawyer. Professional assistance is commonly used for searches, classification, application drafting, objections, hearings, opposition and infringement matters.

Can a trademark be renewed indefinitely?

Yes. A registration may be renewed for further periods of 10 years without limit, subject to the renewal procedure and prescribed fee.

Protect Your Brand with Trademark Registration in India

Trademark registration in India gives a business a statutory right in its brand for the goods or services covered by the registration. The main steps are a search, correct class selection, an accurate application, a timely reply to any examination objection, and the publication and opposition stages that precede registration. For businesses operating abroad, protection needs to be secured separately in each market of interest.

Need Professional Assistance with Trademark Registration in India?

Biswajit Sarkar Advocates – IP Attorneys assists businesses, entrepreneurs, startups, manufacturers and international clients with trademark searches, filing, objections, hearings, opposition, infringement, renewal, licensing and international trademark protection.

Looking for a Trademark Lawyer in India?

Contact Biswajit Sarkar Advocates – IP Attorneys for assistance with trademark registration, brand protection and intellectual property matters in India and international jurisdictions.

Disclaimer: this article is provided for general informational and educational purposes and should not be treated as legal advice. Trademark law, official fees, procedures and Registry practice may change. The applicable provisions of the Trade Marks Act, 1999, the Trade Marks Rules, 2017 and current official notifications should be consulted for specific matters.