Trademark Registration in India: Search, Filing and Follow-Up
Search, classify and file your brand name or logo with the Trade Marks Registry and follow the application through to registration.
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Trademark registration is the process of recording your brand name, logo, tagline or other distinctive mark with the Trade Marks Registry of IP India under the Trade Marks Act 1999, which gives you the statutory right to stop others from using an identical or deceptively similar mark for the same goods or services. Founders, product brands, online sellers and service firms need it when their name starts to carry value. Our team runs a conflict search, selects the classes, files the application and manages the examination, hearing and publication stages, with advocate support where the law requires it.
Who provides this service: our team of Company Secretaries and compliance specialists.
Who Needs Trademark Registration?
- Founders launching a new brand name or logo who want legal protection from the start
- Online sellers and D2C brands that need a registered mark for marketplace brand programmes
- Service firms and consultants who trade on a firm name and want to prevent copycats
- Businesses that have received a notice or found a similar mark in the market
- Companies preparing for investment or sale that want brand ownership documented
Key Benefits
- A conflict search that reads the register for identical and similar marks before you spend on filing
- Class selection that matches the goods and services you actually sell or plan to sell
- Advice on whether to protect a word, a logo or both, and in whose name the application should be filed
- Application prepared and filed with IP India, with the filing details recorded for your reference
- Replies to examination reports and support at hearings, with advocate involvement where the law needs it
- Tracking of publication, opposition window and registration so that nothing is missed after filing
How It Works
Brand discussion and search
We review the mark, the products or services and your market, then search the register for identical and similar marks. We explain what the search shows and where objections are likely, since a search reduces risk but cannot remove it.
Choose classes and applicant
We map your goods and services to the correct classes, word the descriptions carefully, and confirm who should own the mark, whether an individual, company, LLP or firm, so that ownership matches how the business is run.
Prepare and file the application
Our team prepares the application with the mark, class details, claim of use and authorisation, pays the official fee and files it with the Trade Marks Registry, then shares the filing details with you.
Examination and reply
The Registry examines the mark and may raise objections. We analyse the examination report, draft a reasoned reply with supporting material and, where a hearing is called, prepare for it through a practising advocate.
Publication and opposition window
An accepted mark is published in the Trade Marks Journal. We monitor this period, and if a third party files opposition, we explain the options and how the matter proceeds before the Registry.
Registration certificate and upkeep
When the mark proceeds to registration, we collect the certificate and note the renewal timeline, advising how to use the mark correctly on packaging, websites and contracts to keep your rights strong.
Documents Required
- PAN card or incorporation certificate of the applicant, depending on whether it is an individual or an entity
- Identity and address proof of the applicant or authorised signatory
- The mark in image format, with clear artwork if a logo is being filed
- Description of the goods or services to be covered, in plain terms
- Date from which the mark has been in use, if it is already in use, with supporting invoices or screenshots
- Signed authorisation in favour of our team to act for the applicant before the Registry
- Udyam or startup recognition certificate, if a reduced official fee is being claimed
- Translation or transliteration details, if the mark is in a language other than English
Timeline and Fees
Indicative timeline: Filing is typically prepared within a few working days after the search. Registration itself can take many months to a couple of years, depending on Registry workload, objections and any opposition.
Professional fee: Our fee depends on the number of marks and classes, the depth of the search and whether objections, hearings or opposition support are needed. Official fees depend on the type of applicant and are paid at actuals. Contact our team for a written quote.
What Can Go Wrong if This Is Missed or Done Incorrectly
- Another party may register a similar mark first, leaving you unable to use your own brand freely
- An unregistered mark gives weaker legal footing when you try to stop copycats or enforce your rights
- Filing without a search or in the wrong class can lead to objections, delay and wasted official fees
- Missing a hearing date, a reply deadline or the renewal date can cause the application or registration to lapse
Frequently Asked Questions
How long does trademark registration take in India?
The time depends on the Registry workload, whether an objection is raised and whether anyone opposes the mark. A clean application can proceed in much less time than one that goes through hearings and opposition, which can take considerably longer. We give you an indicative picture after the search and track each stage.
How long does a registered trademark remain valid?
A registered trademark is valid for ten years from the date of application and can be renewed for further ten-year periods on payment of the renewal fee. Missing renewal can lead to removal of the mark from the register, so our team keeps a reminder ahead of the due date.
Can I use the TM and R symbols?
You may use the TM symbol to show that you claim a mark, including while an application is pending. The R symbol is meant only for marks that are actually registered, and using it earlier can create legal problems. We advise how to display the symbols correctly on products and websites.
What is the difference between a word mark and a logo mark?
A word mark protects the words in any style, while a logo mark protects the particular design of the artwork. Many brands file both over time. A word mark gives wider coverage for the name, whereas a logo filing protects the visual identity. We recommend the right order based on budget and brand plans.
Why do trademark applications get objected to?
The common reasons are that the mark is descriptive of the goods, is generic or lacks distinctiveness, or is similar to an earlier mark for related goods. Class and description errors also trigger objections. A reasoned reply, and sometimes a hearing, is how most objections are addressed, so early search matters.
Can a trademark be registered in the name of a company or an individual?
Either can own a mark, but the applicant must be the person or entity that actually owns and uses the brand. Filing in the wrong name can cause trouble later when the business is sold or restructured. We confirm who should apply before the application is prepared.
Official Sources
Rules, forms and fees change. Check the current position on the official portal:
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Last reviewed: . Laws, fees and procedures change; check the official portal before you act.
Disclaimer: The information on this page is for general informational purposes only and does not constitute professional legal, tax or compliance advice. Requirements vary by situation. Please consult a qualified CA or CS for advice specific to your needs. Government fees and timelines are subject to change; verify with the relevant authority before proceeding.