TL;DR: A trademark protects your brand name, logo or tagline from being copied. In India, you file Form TM-A on the IP India portal. Government fee is ₹4,500 per class for individuals and startups, ₹9,000 for companies. You can use the TM symbol immediately after filing; the ® symbol only after registration (which takes 18–24 months if unopposed). Trademarks are valid for 10 years and can be renewed.
Your brand name, logo and tagline are among your business's most valuable assets. Registering a trademark gives you an exclusive legal right to use that mark in the class of goods or services for which it is registered — and prevents others from adopting a confusingly similar mark.
This guide explains what can be trademarked in India, how the registration process works, what it costs and how long it takes.
What is a Trademark?
A trademark is any sign capable of graphically representing and distinguishing the goods or services of one business from those of another. The Trade Marks Act, 1999 governs trademark law in India. Registration is granted by the Trade Marks Registry, which operates under the office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) under the Ministry of Commerce and Industry.
What Can Be Registered as a Trademark in India?
| Type of Mark | Examples |
|---|---|
| Word mark | Brand names, taglines (e.g., a company name, a product name) |
| Logo / device mark | A logo, symbol or design |
| Combination mark | A word and a logo together |
| Colour mark | A specific colour or combination of colours used consistently as a brand identifier |
| Shape mark | The distinctive shape of a product or its packaging |
| Sound mark | A distinctive jingle or sound that identifies a brand |
| 3D mark | Three-dimensional shape of goods or packaging |
Not everything can be registered. The Registry will refuse marks that are:
- Descriptive of the goods or services (e.g., "Sweet" for sugar)
- Generic or common to the trade
- Deceptive or likely to cause confusion
- Contrary to law or morality
- Identical or similar to an existing registered trademark in the same class
The 45 Trademark Classes Explained
India follows the Nice Classification system, dividing all goods and services into 45 classes:
- Classes 1–5: Chemicals, paints, cosmetics, pharmaceuticals
- Classes 6–11: Metals, machinery, instruments, lighting
- Classes 12–16: Vehicles, scientific instruments, stationery and paper
- Classes 17–21: Rubber goods, leather, furniture, housewares
- Classes 22–27: Ropes, textiles, floor coverings
- Classes 28–34: Games, sporting goods, food, tobacco
- Class 35: Advertising, business management, retail services
- Class 36: Financial services, insurance, real estate
- Class 37: Construction, repair, installation services
- Class 38: Telecommunications
- Class 39: Transport, travel
- Class 40: Material treatment, manufacturing services
- Class 41: Education, entertainment, cultural activities
- Class 42: Scientific and technological services, computer services
- Class 43: Food and drink services (restaurants, hotels)
- Class 44: Medical, veterinary, beauty services
- Class 45: Legal services, personal and social services
Important: Each application covers only one class. If you want protection across multiple classes, you need separate applications (and pay fees for each). A technology company offering software (Class 42) and SaaS services (Class 42) and consulting services (Class 35) would need to file in two separate classes.
Documents Required for Trademark Registration
| Document | Requirement |
|---|---|
| Identity proof | PAN card, Aadhaar (for individual); Certificate of Incorporation (for company) |
| Address proof | Address proof of the applicant |
| Logo or word mark | Clear high-resolution image of the mark to be registered (if logo/device) |
| Power of Attorney (Form TM-48) | If filing through a trademark agent or attorney |
| MSME certificate or Startup India certificate | If claiming the concessional fee rate applicable to startups and MSMEs |
| Udyam Registration Certificate | For MSME fee exemption |
| Priority document | If claiming convention priority from an earlier foreign filing |
Government Fees for Trademark Filing in India
The government fee for filing Form TM-A (the main trademark application form) depends on the applicant type:
| Applicant Type | Online Fee (per class per application) | Physical Filing Fee |
|---|---|---|
| Individual / startup / small enterprise / MSME | ₹4,500 | ₹5,000 |
| Company, LLP, trust, society and others | ₹9,000 | ₹10,000 |
Fee rates are as per the Trade Marks Rules, 2017. Always verify current fees at ipindia.gov.in before filing, as the Registry occasionally revises the schedule.
Who qualifies for the concessional ₹4,500 fee?
- A natural person (individual) filing in their own name
- A startup recognised under the Startup India programme
- A small enterprise as defined under the MSME Development Act
Once a company is incorporated (even if it qualifies as a startup), if the application is filed in the company's name and the company does not hold a DPIIT startup recognition certificate, the higher fee of ₹9,000 applies. This is one reason some founders file trademark applications in their individual name before company incorporation.
Step-by-Step Trademark Registration Process
Step 1 — Trademark Search
Before filing, conduct a comprehensive trademark search on the IP India Trade Marks Public Search tool (ipindiaonline.gov.in). Search for:
- Identical marks in the same class
- Phonetically similar marks
- Visually similar logos
A clear search reduces the risk of objection or opposition. Even if a mark is not identical, a confusingly similar mark in a related class can be grounds for rejection or opposition.
Step 2 — Select the Correct Class(es)
Identify the right trademark class(es) for your goods or services. The IP India website provides a classification guide. When in doubt, consult a trademark professional — filing in the wrong class means the registration does not protect you in the right category.
Step 3 — File Form TM-A on the IP India Portal
Form TM-A is the application form for trademark registration. It is filed on the IP India e-filing portal (ipindiaonline.gov.in).
The application includes:
- Applicant details (name, address, legal entity type)
- Representation of the mark (logo file or word mark)
- Class(es) applied for
- Description of goods/services in the chosen class
- Date of first use in India (if already in use) or "Proposed to be used"
- Statement of claim if priority is asserted
Filing can be done online (recommended) or physically at one of the five Trade Marks Registry offices (Mumbai, Delhi, Chennai, Kolkata, Ahmedabad).
Upon filing, you immediately receive a trademark application number (TM number). You can use the TM (™) symbol alongside your mark from this point onwards, indicating that a trademark application is pending.
Step 4 — Examination
The Registry assigns the application to an examiner who reviews it for:
- Absolute grounds of refusal (descriptive, generic, deceptive marks)
- Relative grounds of refusal (similarity to existing registered marks)
The examination report (if any objection is raised) is typically issued within 3–6 months of filing. If no objection is raised, the mark proceeds directly to advertisement.
Step 5 — Respond to Objection (if raised)
If the examiner raises an objection, a written reply must be filed within 1 month of receiving the examination report (extendable by a further 1 month on request). The reply must address each ground of objection with legal arguments and supporting evidence.
If the examiner is not satisfied with the written reply, a hearing is scheduled before the Registrar. A trademark attorney or agent should represent you at this stage.
For guidance on handling a trademark objection, see our separate guide.
Step 6 — Advertisement in the Trademark Journal
Once the examination is cleared, the mark is advertised in the Trade Marks Journal (published weekly on the IP India website). This is an invitation to the public to oppose the registration.
Step 7 — Opposition Period
Any person can file a Notice of Opposition (Form TM-O) within 4 months of the advertisement date. Opposition can be filed on grounds including:
- The applicant's mark is similar to the opponent's registered or well-known mark
- The mark is descriptive or deceptive
- Bad faith in filing
If no opposition is filed within 4 months, registration proceeds. If opposition is filed, proceedings before the Registrar follow — this can extend the overall timeline by several months or more.
Step 8 — Registration and Certificate
If no opposition is filed or all oppositions are decided in the applicant's favour, the Trade Marks Registry issues a Registration Certificate. The mark is now protected and the ® (Registered) symbol can be used.
Registration is effective from the date of filing (not the date of registration), which means your protection dates back to when you filed.
Overall Trademark Timeline
| Stage | Approximate Time |
|---|---|
| Filing to examination report | 3–6 months |
| Objection response (if raised) | 1–3 months additional |
| Advertisement in Trademark Journal | 1–2 months after clearance |
| Opposition window | 4 months after advertisement |
| Registration certificate | 2–4 months after opposition window closes |
| Total (unopposed) | 18–24 months (approximate) |
| Total (with objection/opposition) | 24–36+ months |
TM (™) vs ® — What is the Difference?
| Symbol | When to Use | Legal Status |
|---|---|---|
| ™ (TM) | After filing a trademark application | Application pending; mark not yet registered |
| ® (Registered) | Only after the Registration Certificate is received | Mark is registered; exclusive rights established |
Using the ® symbol before your mark is registered is an offence under Section 107 of the Trade Marks Act, 1999 and can result in prosecution.
How Long is a Trademark Valid?
A registered trademark in India is valid for 10 years from the date of application (not the date of registration). It must be renewed every 10 years to remain in force.
Renewal is done using Form TM-R. Renewal can be filed up to 1 year before expiry, or up to 6 months after expiry with a late surcharge. If the mark is not renewed, it lapses and can be removed from the register.
Trademark renewal is a straightforward process but must be tracked carefully to avoid losing registered rights.
Why Trademark Registration Matters
- Exclusive rights: Only you can use the mark for the registered goods/services in India
- Legal remedy: You can sue for infringement in civil court, seek injunctions and claim damages
- Licensing: A registered mark can be licensed to others for royalty income
- Brand value: A registered trademark adds to the intangible asset value of your business
- IP India database: Registration creates a public record, discouraging others from adopting similar marks
Common Mistakes to Avoid
- Not searching before filing: Discovering a conflicting mark after paying fees wastes time and money
- Choosing the wrong class: A registration in one class does not protect you in another
- Using ® before registration: This is a criminal offence
- Not monitoring the journal: If someone files an opposition and you miss the deadline to respond, you can lose the mark
- Letting the trademark lapse: Failure to renew extinguishes your rights
For professional assistance with your trademark registration application, India Comply can help from search to certificate.
This article is for general information only and does not constitute legal or professional advice. Trademark law is subject to interpretation and the Trade Marks Act, Rules and Registry practices may change. Consult a registered trademark attorney or agent for advice on your specific brand protection strategy.
India Comply provides end-to-end trademark filing and prosecution services. Contact us to protect your brand.
Frequently Asked Questions
How long does trademark registration take in India?
The overall trademark registration process in India typically takes 18–24 months from filing to final registration, assuming there are no objections or oppositions. The Vienna Examination Report (Examination Report) is typically issued within 3–6 months of filing. If no objection is raised, the mark is advertised in the Trademark Journal, after which a 4-month opposition window opens before final registration.
What is the government fee for trademark registration in India?
For individuals, startups and MSMEs filing online, the government fee is ₹4,500 per class per application. For companies and other applicants (not individual/startup/MSME), the online fee is ₹9,000 per class. Physical filing at a trademark office costs 10% more. These fees are subject to revision by the Trade Marks Registry.
What is the difference between TM and ® symbols?
The TM symbol (™) can be used immediately after filing a trademark application — it indicates a claim to the mark but does not mean the mark is registered. The ® symbol (Registered) can only be used after the mark has been formally registered by the Trade Marks Registry. Using ® before registration is a punishable offence under the Trade Marks Act, 1999.
How many trademark classes are there in India?
There are 45 trademark classes in India under the Nice Classification — 34 classes cover goods (Classes 1–34) and 11 classes cover services (Classes 35–45). A separate application is required for each class. Some applicants file in multiple classes to protect a brand across different product and service categories.
Can a trademark be renewed in India? For how long is it valid?
A registered trademark in India is valid for 10 years from the date of application. It can be renewed indefinitely in successive 10-year periods by filing a renewal application (Form TM-R) before expiry. A grace period of 6 months after the expiry date is available for late renewal with a surcharge.