Trademark registration in India is the process of legally protecting your brand name, logo, or slogan under the Trade Marks Act, 1999. It is filed through the IP India portal (ipindia.gov.in) using Form TM-A.
Government fees are ₹4,500 per class for individuals, startups, and MSMEs, and ₹9,000 per class for companies (online filing, 2026 rates). The entire process takes 8 to 12 months without objections, and 18 to 24 months with objections or opposition.
The 6 steps are: (1) Trademark Search → (2) Select Class → (3) File Form TM-A → (4) Respond to Examination Report (if any) → (5) Publication in Trademark Journal → (6) Registration Certificate.
What Is a Trademark and Why Does It Matter?
A trademark is a legally registered sign — a word, name, logo, slogan, shape, colour combination, or sound — that uniquely identifies your goods or services and sets them apart from competitors. In India, trademark registration is governed by the Trade Marks Act, 1999, administered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) under the Ministry of Commerce and Industry.
What Can You Register as a Trademark?
- Brand names and business names (e.g., “Amul”, “Tata”, “Zomato”)
- Logos and graphic device marks
- Slogans and taglines (e.g., “Just Do It”)
- Product packaging shapes and trade dress
- Sound marks (subject to distinctiveness requirements)
- Colour combinations that are inherently distinctive
Why Register Your Trademark?
- Exclusive nationwide rights to use your brand in registered class(es)
- Legal authority to sue for infringement and claim damages
- Right to use the ® symbol, adding legal credibility and consumer trust
- Licensable, sellable asset — your trademark can be monetised
- Amazon Brand Registry eligibility — even a pending application number qualifies
- International protection via the Madrid Protocol (130+ countries)
- Protection against counterfeiting and brand misuse
"Your brand is your most valuable business asset. A registered trademark is the legal shield that protects it."
Who Can Apply for Trademark Registration in India?
The trademark registration process in India is open to a wide range of applicants:
- Individuals (including sole proprietors)
- Partnership firms
- Private and public limited companies
- Limited Liability Partnerships (LLPs)
- Startups recognized by DPIIT under the Startup India scheme
- MSMEs registered under the Udyam portal
- Non-profit organizations and trusts
- Foreign nationals and foreign companies (with a local address for service in India)
Trademark Registration Fees in India (2026)
The following government fees are prescribed under the First Schedule of the Trade Marks Rules, 2017, updated as of March 2026. These fees are per class, per application and are non-refundable once paid.
INDIVIDUAL / STARTUP / MSME (ONLINE)
₹4,500
Per class · Online filing
50% concession on standard fee
COMPANY / LLP / OTHERS (ONLINE)
₹9,000
Per class · Online filing
Standard government fee
INDIVIDUAL / STARTUP (OFFLINE)
₹5,000
Per class · Physical filing
Always prefer online
EXPEDITED EXAMINATION (INDIVIDUAL)
₹20,000
Faster review — strongly reduces waiting period
| Applicant Type | Online Filing | Offline Filing | Expedited Exam |
|---|---|---|---|
|
Individual / Startup / MSME |
₹4,500 per class |
₹5,000 per class |
₹20,000 |
|
Company / LLP / Others |
₹9,000 per class |
₹10,000 per class |
₹40,000 |
Documents Required for Trademark Registration
Keep these documents ready before starting your application on the IP India portal:
For All Applicants
- Identity proof — Aadhaar card, PAN card, or passport
- Address proof — Utility bill, bank statement, or Aadhaar
- Trademark image — JPG format, minimum 8 cm × 8 cm, clear high-resolution file
- Form TM-48 (Power of Attorney) — Only if filing through a registered trademark agent
Additional Documents by Applicant Type
- Companies and LLPs: Certificate of Incorporation from MCA
- Startups: DPIIT recognition certificate (for fee concession)
- MSMEs: Udyam registration certificate (for fee concession)
- Partnerships: Partnership deed
- Prior use claim: Affidavit with supporting evidence (invoices, packaging, ads)
Step-by-Step Trademark Registration Process in India (2026)
The trademark registration process in India involves six distinct stages. Here is exactly what happens at each step:
Step 1- Conduct a Trademark Search
Before spending money on filing, always search the IP India public search portal (ipindiaonline.gov.in/tmrpublicsearch) to check if an identical or deceptively similar mark already exists for your class of goods or services. Search by wordmark, phonetic similarity, and Vienna code (for logo elements). Check not just registered marks, but also pending applications — a pending application can block your registration just as effectively as a registered mark.
Step 2- Select the Correct Trademark Class
India follows the NICE Classification System with 45 classes (Classes 1–34 for goods, Classes 35–45 for services). Your trademark registration protects you only in the class(es) you file under. See the full class guide in Section 7 below. Choosing the wrong class is one of the most expensive mistakes in the entire process — your brand is unprotected outside your registered class.
Step 3- File Form TM-A on the IP India Portal
Visit ipindia.gov.in, log in or create an account, and select Form TM-A for new trademark applications. Fill in your applicant details, upload the trademark image, select the class(es), and specify your goods/services within the class. If claiming prior use, enter the date of first use and attach evidence. Pay the government fee via net banking, credit/debit card, or UPI. Upon successful submission, you receive an instant acknowledgment with your unique application number — you may now legally use the ™ symbol.
Step 4- Examination by the Trademark Registry
A trademark examiner reviews your application against absolute grounds (distinctiveness, Section 9) and relative grounds (similarity to existing marks, Section 11) of the Trade Marks Act. If no issues are found, the application proceeds directly to publication. If objections exist, you receive an Examination Report.
Step 5- Publication in the Trademark Journal
Once your application clears examination, it is published in the official Trademark Journal. This opens a 4-month opposition window during which any third party can file an opposition if they believe your mark conflicts with their existing rights. If no opposition is filed — or if you win an opposition proceeding — registration proceeds.
Step 6- Issuance of Registration Certificate
Once the opposition period passes without challenge (or after winning any opposition), the Trademark Registry issues your Trademark Registration Certificate. You may now legally use the ® symbol and enjoy full exclusive rights in your registered class(es). The registration is valid for 10 years from the date of application.
How to Conduct a Trademark Search on IP India Portal
A proper trademark search is the single most important step before filing. It saves you from rejection, wasted fees, and future legal disputes. Here is how to do it correctly on the IP India portal:
- Go to ipindiaonline.gov.in/tmrpublicsearch
- Select “Trade Mark” and choose your search type — Wordmark, Vienna Code, or Phonetic search
- Enter your proposed trademark name and select the relevant class
- Review all results — pay attention to marks with status “Registered”, “Objected”, and “Opposed” (all are still active)
- Check for phonetically similar marks, not just identical spellings
- Cross-check in related classes if you plan to expand
- Search logo elements separately using Vienna codes if you have a device mark
All 45 Trademark Classes Explained (NICE Classification)
India follows the NICE Classification System for trademark registration. There are 45 trademark classes in total — Classes 1 to 34 cover goods, and Classes 35 to 45 cover services. Here are the most relevant classes for Indian businesses in 2026:
Realistic Trademark Registration Timeline (2026)
Here is the realistic timeline for the trademark registration process in India in 2026, based on current IP India office processing speeds:
| Stage | Action | Time Required | Status |
|---|---|---|---|
| Step 1 | Trademark Search | 1–2 days | Before Filing |
| Step 2 | Application Filing (Form TM-A) | Same day | Instant |
| Step 3 | Acknowledgment & TM Application Number | Instant | Auto-generated |
| Step 4 | Examination by Registry | 1–3 months | Scrutiny Stage |
| Step 5 | Examination Report Reply (if needed) | Within 30 days | If Objection |
| Step 6 | Trademark Journal Publication | 4 months (opposition window) | Active |
| Step 7 | Registration Certificate Issued | 1–2 months | If No Opposition |
- Total (no objections or opposition): 8 to 12 months
- Total (with objections/opposition): 18 to 24 months or more
- With Expedited Examination: Examination stage significantly reduced
How to Respond to a Trademark Examination Report
Receiving an Examination Report is common — it is not a rejection. It is a request for clarification or evidence. Here is how to handle the three main types of objections:
| Objection Type | Reason | How to Counter |
|---|---|---|
| Section 9 | Mark is too descriptive, generic, or lacks distinctiveness | Submit evidence of acquired distinctiveness — invoices, ads, sales data, social media presence, packaging |
| Section 11 | Your mark is similar to an existing registered mark | Distinguish your mark on visual, phonetic, or conceptual grounds; argue different class/goods if applicable |
| Formality | Incorrect documents, wrong class, incomplete details | Submit corrected documents or updated details within the 30-day deadline |
Step-by-Step Response Process
- Download the examination report from your application page on the IP India portal
- Analyse the specific objection raised by the examiner
- Prepare a written response with legal arguments and supporting evidence
- Submit your response online within 30 days of the report date
- If the examiner is not satisfied, attend the video conference hearing through the portal
After Registration: How to Protect Your Trademark
Registration is only the beginning. To maintain and enforce your trademark rights in India, follow these practices:
Use Your Trademark Consistently
A trademark can be cancelled if it is not used in commerce for a continuous period of five years after registration. Always use your trademark actively on your products, packaging, website, and marketing materials.
Renew Every 10 Years
A registered trademark in India is valid for 10 years from the date of application. It can be renewed indefinitely every 10 years using Form TM-R. You can renew up to 1 year before expiry, or within 6 months after expiry (with a surcharge). Missing the renewal window means your trademark lapses and becomes available to anyone.
Monitor and Enforce Your Rights
- Set up trademark watch services to receive alerts when similar marks are filed
- Regularly check the Trademark Journal for new applications in your class
- File an opposition within 4 months if you find a conflicting mark published in the journal
- Send cease and desist notices to infringers promptly
- File civil or criminal cases for trademark infringement under the Trade Marks Act, 1999
11 Common Trademark Registration Mistakes to Avoid
- Skipping the trademark search before filing — the #1 cause of rejections and wasted fees
- Choosing the wrong trademark class — protection is limited to registered class(es) only
- Using overly descriptive or generic words as your brand name — nearly impossible to register
- Uploading a low-resolution or improperly formatted logo image
- Missing the 30-day deadline to respond to an examination report
- Not claiming MSME or startup status when eligible — you lose the 50% fee concession permanently
- Ignoring the Trademark Journal after filing — you may miss an opposition filing window
- Not renewing the trademark on time — it lapses and becomes publicly available
- Assuming registration in India protects you globally — it does not
- Using the ® symbol before receiving the registration certificate — this is a legal offence
- Filing a vague specification of goods/services — leads to objections and weak protection
Why Choose DMS Legal World for Trademark Registration?
Trademark registration in India is a legal process — one small mistake in the application, wrong class selection, or a missed deadline can cost you your brand. DMS Legal World is India’s trusted trademark service provider, based in Noida, serving clients across all major cities for over 10 years.
- Filing in 24 Hours — Guaranteed: We begin your trademark application process within 24 hours of document submission. No delays, no excuses. Start today, filed tomorrow.
- Certified Trademark Experts: Our filing experts have 10+ years of IP law experience and have successfully filed 5000+ trademarks across India with a 98% success rate.
- Transparent & Affordable Pricing: No hidden charges. No surprises. Government fee ₹4,500 onwards. What we quote is what you pay — for businesses of all sizes.
- Complete End-to-End Service: From free trademark search and filing to objection reply and renewal — we handle every step. No office visit, no follow-up required from your end.
- Objection Reply Included: Received an examination report? Don’t panic. Our legal team drafts a strong reply to protect your registration rights — included in our packages at no extra cost.
- Dedicated Support Manager: A dedicated support manager is assigned to your case from day one. Available Monday–Saturday, 9 AM–7 PM via call, email, and WhatsApp.
Frequently Asked Questions
How much does trademark registration cost in India in 2026?
Government fees for trademark registration in India in 2026 are ₹4,500 per class for individuals, startups (DPIIT-recognized), and MSMEs (Udyam-registered) when filing online. Companies, LLPs, and other entities pay ₹9,000 per class online. These fees are per class per application and are non-refundable. Professional attorney charges are separate, typically ₹2,000–₹15,000 per class depending on complexity.
How long does trademark registration take in India?
The realistic timeline for trademark registration in India is 8 to 12 months if there are no objections or opposition. If the examiner raises objections or a third party files an opposition, the process can take 18 to 24 months or longer. Expedited examination (₹20,000 for individuals, ₹40,000 for companies) can significantly reduce the examination waiting period.
Can I use the ™ symbol before my trademark is registered?
Yes. You can use the ™ symbol immediately after filing your application on the IP India portal and receiving your application number. The ® symbol is reserved exclusively for fully registered trademarks — you can only use it after receiving your Registration Certificate. Using ® before registration is a criminal offence under the Trade Marks Act, 1999.
Can I file a trademark for multiple classes in one application?
Yes. India allows multi-class applications under a single Form TM-A filing. However, the government fee is charged per class — filing in 3 classes means paying 3× the per-class fee. Some applicants prefer separate applications per class to prevent an objection in one class from affecting others, though this adds filing complexity.
What is the difference between a trademark and copyright?
A trademark protects brand identity — your name, logo, or slogan — in connection with specific goods or services. Copyright protects original creative works such as books, music, photographs, and software code from reproduction. If your business involves both a distinctive logo and original creative content, you may need both trademark and copyright registrations. They serve different legal purposes and are administered differently.
Can a foreign company register a trademark in India?
Yes. Foreign nationals and foreign companies can register a trademark in India by following the same process as Indian applicants. They must provide a local address for service within India, typically the address of their Indian attorney or trademark agent. The application is filed on the same IP India portal, and the same government fees apply.
What happens if someone opposes my trademark during publication?
You will receive a copy of the opposition notice. You must file a counterstatement (Form TM-O) within 2 months of receiving the notice. Both parties then submit evidence, and the Trademark Registry may schedule a hearing. The outcome depends on the specific grounds raised. Having an experienced trademark attorney significantly improves your chances of winning an opposition proceeding.
Is it mandatory to hire a trademark lawyer in India?
No, it is not legally mandatory. You can file the application yourself through the IP India portal. However, a registered trademark attorney adds significant value: they conduct a thorough clearance search, draft an accurate specification of goods and services, handle examination objections professionally, and manage opposition proceedings. For any brand you consider valuable, professional assistance is a worthwhile investment that typically costs less than the fee wasted on a rejected application.
Written & Verified by Manoj Gupta
India's Trusted Trademark & Legal Registration Expert | Noida
Manoj Gupta is a leading trademark expert with 10+ years of experience, 5000+ successful filings, and a 98% success rate. He handles everything — from trademark search and filing to objection reply and registration. Based in Noida, serving clients across India.
