Registering a trademark in India protects your brand name, logo, or slogan from being copied or misused by competitors. A registered trademark gives you the exclusive legal right to use your mark in India and the ability to take legal action against anyone who infringes it. This guide covers the complete trademark registration process in India, from search to certificate, including fees, timelines, and what to expect at each stage.
Trademark registration in India is governed by the Trade Marks Act, 1999 and administered by the Trade Marks Registry under the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), Ministry of Commerce and Industry.
Key Insights
Table of Contents
What is a Trademark?
A trademark is any sign capable of distinguishing the goods or services of one business from those of another. It can be a word, name, logo, slogan, colour combination, shape, or even a sound. When registered, a trademark gives its owner the exclusive right to use that mark in relation to the registered goods or services in India.
Unlike copyright, which arises automatically on creation, trademark rights in India are stronger when formally registered. An unregistered trademark can still be protected under the common law action of passing off, but registered trademark status provides statutory protection, a public record of ownership, and the ability to use the registered trademark symbol.
Why Register a Trademark in India?
Trademark registration provides protections that unregistered marks cannot. The key reasons to register are:
What Can Be Registered as a Trademark in India?
Under the Trade Marks Act, 1999, the following can be registered as trademarks in India:
A mark cannot be registered if it is generic, descriptive of the goods or services, deceptive, contrary to public policy or morality, or identical or deceptively similar to an existing registered trademark in the same class.
Trademark Classes in India
India follows the Nice Classification system, which divides goods and services into 45 classes. Classes 1 to 34 cover goods and Classes 35 to 45 cover services. A trademark application must specify the class or classes in which protection is sought.
Some commonly used trademark classes in India:
| Class | Covers |
|---|---|
| Class 9 | Software, apps, electronic devices, computers |
| Class 25 | Clothing, footwear, headgear |
| Class 35 | Advertising, business management, retail services |
| Class 36 | Financial services, insurance, real estate |
| Class 41 | Education, entertainment, training services |
| Class 42 | Technology and IT services, SaaS, research |
| Class 43 | Restaurant, food and beverage, hospitality services |
| Class 45 | Legal services, security services, personal services |
Filing in the wrong class will not protect your mark in the categories where your business actually operates. If your business spans multiple classes, separate applications must be filed for each class.
Step-by-Step Trademark Registration Process in India
Before filing, search the IP India Trademark Registry database at ipindiaonline.gov.in to check for identical or similar marks already registered or pending in your class. A clear search result does not guarantee registration but significantly reduces the risk of opposition or rejection. A professional trademark search covers phonetic similarities, visual similarities, and translations of the mark.
Determine the Nice Classification class or classes that cover your goods or services. A single application can cover one class. For multiple classes, separate applications are required with separate fees for each. Selecting the right class is critical, as trademark protection does not extend to classes not covered by the registration.
The application is filed online through the IP India portal (ipindiaonline.gov.in) using Form TM-A. The application must include the mark, the class, the specification of goods or services, the applicant’s details, and a statement of use or proposed use. The filing date is the priority date of the application.
Immediately after filing, a trademark application number is assigned. From this point, the applicant can use the TM symbol alongside the mark. The TM symbol indicates a trademark application is pending, it does not indicate registered status. The application status can be tracked on the IP India portal using the application number.
If the trademark application includes a logo or device element, the Registry assigns Vienna Classification codes to the figurative elements of the mark. This is an administrative step that does not require action from the applicant.
An examiner at the Trade Marks Registry reviews the application and issues an examination report. Objections may be raised on absolute grounds (the mark is descriptive, generic, or deceptive) or relative grounds (the mark conflicts with an existing registered or pending mark). A response to the examination report must be filed within 30 days of receipt.
Once the examination objections (if any) are resolved, the mark is published in the official Trade Marks Journal. This opens a four-month window during which any third party may file a notice of opposition against the registration of the mark.
If no opposition is filed, or if any opposition is decided in the applicant’s favour, the Trade Marks Registry issues a certificate of registration. The registration is valid for 10 years from the date of application and can be renewed indefinitely. Once registered, the applicant can use the registered trademark symbol alongside the mark.
Trademark Registration Fees in India (2026)
| Applicant Type | Online Filing (per class) | Physical Filing (per class) |
|---|---|---|
| Individual / Startup / Small Enterprise | Rs. 4,500 | Rs. 5,000 |
| Other Entities (companies, LLPs etc.) | Rs. 9,000 | Rs. 10,000 |
| Expedited Examination (additional) | Rs. 40,000 (individual) / Rs. 80,000 (others) | Higher rates apply |
These are government fees only and are in addition to professional fees charged by trademark agents or legal practitioners. The fees above are per class, if you are filing in multiple classes, the fee is multiplied accordingly.
How Long Does Trademark Registration Take in India?
The trademark registration timeline in India varies significantly depending on whether objections or oppositions arise:
| Stage | Approximate Timeline |
|---|---|
| Filing to Examination Report | 3 to 6 months |
| Examination to Publication | 3 to 6 months |
| Opposition window | 4 months |
| Total (no objections or opposition) | 18 to 24 months |
| Total (with objections and opposition) | 3 to 5 years |
| With expedited examination | Can reduce to 6 to 12 months |
How to Check Trademark Status in India
You can check the status of a trademark application or search for existing registered trademarks using the IP India public search portal at ipindiaonline.gov.in. The trademark check India portal allows searches by:
The status will show whether the application is pending, under examination, published, opposed, registered, or abandoned.
Trademark Renewal in India
A registered trademark in India is valid for 10 years from the date of application. It can be renewed indefinitely for successive 10-year periods by filing Form TM-R and paying the renewal fee before the expiry date.
A grace period of six months is available after the expiry date, but a surcharge applies. If a trademark is not renewed within the grace period, it is removed from the register and becomes available for other parties to apply for. Trademark renewal is critical to maintaining ongoing protection, many businesses lose valuable trademark rights simply by missing the renewal deadline.
Also Read
Frequently Asked Questions
How do I register a trademark in India?
To register a trademark in India, conduct a trademark search on the IP India portal, identify the correct Nice Classification class, file Form TM-A online through ipindiaonline.gov.in with the prescribed government fee, respond to any examination report, and wait through the four-month opposition window after publication in the Trade Marks Journal. If no opposition is filed, the Registry issues a certificate of registration valid for 10 years from the application date.
What is the trademark registration fee in India?
The government fee for trademark registration in India is Rs. 4,500 per class for individuals, startups, and small enterprises filing online, and Rs. 9,000 per class for other entities such as companies and LLPs filing online. These fees are per class and are in addition to any professional fees. Expedited examination is available at Rs. 40,000 for individuals and Rs. 80,000 for other entities, per class.
How long does trademark registration take in India?
Trademark registration in India typically takes between 18 months and 3 years from the date of filing. If no examination objections are raised and no opposition is filed after publication, the process can be completed in 18 to 24 months. If objections or oppositions arise, the timeline can extend to 3 to 5 years. Expedited examination, available at an additional fee, can reduce the examination stage significantly.
What trademark class should I use in India?
India follows the Nice Classification system with 45 classes. The correct class depends on the nature of your goods or services. Software and apps fall under Class 9, clothing under Class 25, advertising and business services under Class 35, financial services under Class 36, education and training under Class 41, technology services under Class 42, restaurant and hospitality services under Class 43, and legal services under Class 45. If your business spans multiple categories, you must file separate applications for each relevant class.
When can trademark registration in India be renewed?
Trademark registration in India can be renewed before the expiry of the 10-year registration period by filing Form TM-R and paying the renewal fee. A grace period of six months after the expiry date is available with a surcharge. Renewal can be done indefinitely for successive 10-year periods, meaning a trademark can remain registered permanently as long as it is renewed on time and continues to be used in commerce.
How do I check my trademark status in India?
You can check your trademark application status on the IP India public search portal at ipindiaonline.gov.in by entering your application number. The portal shows the current status of the application, whether it is pending, under examination, published, opposed, registered, or abandoned. You can also search for existing registered trademarks by wordmark, proprietor name, or Vienna code for logo elements.
Can I use the trademark symbol before registration is complete?
Yes. Once a trademark application is filed and an application number is assigned, you can use the TM symbol alongside your mark. The TM symbol indicates that you are claiming trademark rights in the mark and that an application is pending. The registered trademark symbol (R in a circle) can only be used after the Trade Marks Registry issues the certificate of registration. Using the R symbol before registration is complete is an offence under the Trade Marks Act, 1999.
What is a Class 35 trademark in India?
Class 35 under the Nice Classification covers advertising, business management, business administration, and office functions. It includes services such as retail and wholesale trading, business consultancy, market research, public relations, and the bringing together of goods for others to view and purchase. Businesses involved in retail, e-commerce, advertising agencies, and business management consultancies typically file trademark applications in Class 35.
Need Help with Trademark Registration?
Lawfy & Co. advises on trademark searches, filing, opposition proceedings, and enforcement across India. Offices in Bengaluru, New Delhi, Kolkata, and Surat.
Request a ConsultationThe information in this article is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. For guidance on your specific trademark matter, please contact Lawfy & Co. directly.