In short. Trademark registration in India runs under the Trade Marks Act 1999 and the Trade Marks Rules 2017. You file Form TM-A online, the Registry examines it, the accepted mark is advertised in the Trade Marks Journal, anyone may oppose within four months, and if there is no opposition (or it fails) the mark is registered for ten years from the application date, renewable indefinitely.
Filing a trademark application takes an afternoon. Getting it registered takes longer, and most of the delay comes from choices made in that first afternoon: the wrong applicant name, a class that does not match the business, a description of goods copied from someone else, or a claimed date of first use that cannot be proved. This post walks through each stage in the order it happens, with the forms, the time limits and the decisions that matter at each point.
It is the starting point for our series on trademarks. Where a stage has its own detailed post, we link to it rather than repeat it: the pre-filing search is covered in legal checks before you launch a brand name, the objection stage in replying to a trademark examination report, and third-party challenges in trademark opposition: filing and defending. For the services side of this work, see our page on trademark and copyright registration.
- The law
- Trade Marks Act 1999 and Trade Marks Rules 2017
- Application form
- Form TM-A, filed online with the Trade Marks Registry
- Official fee
- ₹4,500 per class for individuals, startups and small enterprises; ₹9,000 for others (e-filing)
- Opposition window
- Four months from advertisement in the Trade Marks Journal
- Validity
- Ten years from the date of application, renewable every ten years
- Symbol
- TM from filing; ® only after registration
How does trademark registration work in India?
Registration is a conversation between you and the Trade Marks Registry, with the public given one chance to object. You file an application on Form TM-A describing the mark, the owner, the goods or services and the date from which the mark has been used (or that it is proposed to be used). The Registry checks the paperwork, then an examiner tests the mark against the absolute grounds of refusal in section 9 of the Act (is it distinctive, is it merely descriptive, is it deceptive) and the relative grounds in section 11 (does it clash with an earlier mark).
If the examiner has no objection, or you answer the objection to the Registrar's satisfaction, the application is accepted and published in the Trade Marks Journal, which the Registry puts online every week. For four months after that, any person can file a notice of opposition. If nobody opposes, or the opposition is decided in your favour, the mark is entered on the register and a certificate is issued. Under section 23 the registration takes effect from the date of the application, not the date of the certificate, which is why filing early matters.
There are five Registry offices: Delhi, Mumbai, Kolkata, Chennai and Ahmedabad. Your application goes to the office that covers your principal place of business in India. For a business based in Delhi, Noida or Ghaziabad, that is the Delhi office. In practice almost everything, including hearings, now happens online, so the office matters less than it used to, but it is still the office whose hearing officers will decide your objections.
The stages, forms and time limits at a glance
This is the sequence for a straightforward Indian application. Each later stage only begins once the earlier one is complete.
| Stage | Form or document | Time limit | What happens |
|---|---|---|---|
| Search | Public search on the Registry database | Before filing | You check for identical and similar marks in your class and related classes |
| Filing | Form TM-A, with TM-48 if an agent files | Any time; earlier is better | You get an application number at once and can use the TM symbol |
| Formalities check | None from you unless defects are found | Usually within weeks | The Registry checks the applicant details, class and documents |
| Examination | Examination report from the Registry | Reply within one month of the report | The examiner raises section 9 or section 11 objections, or none |
| Hearing | Hearing notice, usually by video | On the date fixed | If the written reply does not satisfy, you argue before a hearing officer |
| Advertisement | Publication in the Trade Marks Journal | After acceptance | The mark is shown to the public |
| Opposition window | Form TM-O by any objector | Four months from advertisement | If opposed, the application goes into opposition proceedings |
| Registration | Certificate issued by the Registry | After the window closes without opposition | Registered from the application date for ten years |
| Renewal | Form TM-R | Within six months before expiry | Another ten years of protection |
Do you need to register a trademark at all?
You do not need registration to own a mark. A business that has used a name honestly and built a reputation under it has rights at common law and can sue for passing off. What registration gives you is a far stronger position. Under section 28 the registered proprietor has the exclusive right to use the mark for the registered goods or services and to sue for infringement. Under section 31 the registration is prima facie evidence of validity. Under section 27(1), no one can sue for infringement of an unregistered mark at all. We explain the practical gap between the two routes in trademark infringement vs passing off.
Registration also matters for things outside court. Online marketplaces and app stores act faster on brand complaints backed by a registration certificate. Investors and buyers of a business ask for the certificates during due diligence. Franchise and licence agreements are easier to draft and enforce when there is a registered mark to licence. And a registration is an asset in its own right: it can be assigned, licensed or offered as security.
On symbols: you may use TM next to your mark from the day you file, or even before, because it only says you claim the mark. The ® symbol is a different matter. Using ® or words like 'registered trademark' for a mark that is not registered is falsely representing a mark as registered under section 107. Since 1 August 2024 that is no longer a criminal offence but a monetary penalty imposed by an adjudicating officer of the Registry. It is still an avoidable problem, and an opponent will happily point it out in an opposition.
Who should be the applicant?
The applicant must be the person who owns the mark, and that is not always the person who thought of it. If a company sells the products, the company should usually apply. If a founder files in her own name and then incorporates, the mark must later be assigned to the company by a written deed and the assignment recorded with the Registry. That is doable, but it is an extra step, and in a dispute between co-founders the question of who owns the mark becomes a fight of its own.
For a sole proprietorship the applicant is the proprietor, as an individual, trading under the business name: for example 'Ramesh Kumar trading as Kumar Sweets'. A proprietorship has no legal existence apart from its owner, so filing in the business name alone is a defect the examiner will raise. For a partnership firm, the application should name all the partners. For a company or LLP, use the exact name on the certificate of incorporation, including 'Private Limited' or 'LLP'.
Joint applicants are allowed, but think hard before filing that way. A mark owned jointly by two people who later fall out is hard to use, licence or sell. If a group of people are building a business together, the cleaner route is usually to form the company first and let it own the mark. Our page on company registration and firm incorporation covers the incorporation side.
Word mark, logo or both?
A word mark protects the name itself in plain text, whatever font, colour or design you later use. It is usually the most useful single filing, because infringers copy names more often than artwork, and because a word mark covers the name when it is spoken, typed in a search bar or used as a hashtag. A device mark protects a logo or label as drawn. A composite mark combines words and design in one filing.
If the budget allows one application, file the word mark, provided it is distinctive enough to pass on its own. If the name is weak (a common word or close to descriptive), the logo may be what makes the mark registrable, and a composite filing can be the practical choice, though the protection it gives over the word alone is narrower. Many businesses file the word mark first and the logo a few months later, once the design is final. Do not file a logo that a designer is still changing; any material change later means a fresh application.
If the mark has words in a language other than English, or in a script other than Roman, the application must give a translation and transliteration. Colour combinations, shapes, sounds and taglines can also be registered, though each brings its own proof questions. A tagline that simply praises the product ('fresh every day', 'quality you can trust') will usually draw a distinctiveness objection.
How do you pick the right trademark class?
India follows the Nice Classification, which divides goods and services into 45 classes: classes 1 to 34 for goods and 35 to 45 for services. Each application is for specific goods or services within one or more classes. Your protection is defined by that description. A clothing brand registered in class 25 is not automatically protected for bags (class 18) or for running a clothing shop (class 35).
Some common placements: cosmetics and soaps in class 3, medicines in class 5, software products in class 9, jewellery in class 14, printed matter in class 16, clothing in class 25, packaged food in classes 29 and 30, beverages in class 32, retail and business services in class 35, financial services in class 36, education and coaching in class 41, software development and SaaS in class 42, and restaurants and cafes in class 43. A single business often needs two or three classes. A cloud kitchen with its own packaged sauces may need classes 43, 30 and 35.
A single application can cover several classes (section 18(2)), with the fee charged per class. Multi-class filings are convenient but have one drawback: if the application is opposed in one class, the whole application can be held up. For important brands we often file class by class. Write the specification in plain terms that cover what you actually sell and what you will realistically sell in the next few years. An over-broad list ('all goods in class 9') invites objections and, later, a non-use attack on the parts you never used.
What search should you run before filing?
Run a search on the Registry's public search facility for identical marks, similar-sounding marks and marks with the same meaning, in your class and in related classes. For a logo, search by Vienna code (the classification of figurative elements) as well. Also check the companies register on the MCA site, domain names and the main marketplaces, because an unregistered business using the name for years can still oppose you or sue for passing off.
Reading the results is the skill. A hit for a mark that was abandoned years ago is not a problem. A pending application for a near-identical mark in the same class, filed six months before you, is. A registered mark for related goods (say, your mark for bakery products and theirs for confectionery) needs a judgment call on likely confusion. The detail of how to search, and how to choose a name that will pass examination, is in our post on choosing a brand name and the legal checks before launch.
User date: 'proposed to be used' or a date of first use?
Form TM-A asks whether the mark is already in use and, if so, from when. You can file on a 'proposed to be used' basis if you have not launched yet. If you claim an earlier date of use, you must file an affidavit of use with supporting evidence: invoices, advertisements, website and social media records, packaging, and the like, showing the mark in use from the claimed date.
A claimed user date is valuable because, in a later dispute, the person who used the mark first often wins even against a later registered proprietor; section 34 protects a prior user's continuous use. But a user date you cannot prove is worse than none. The examiner may object, an opponent will attack it, and an affidavit that turns out to be false damages your credibility on every other point.
When Advocate B.K. Singh reviews an application before filing, the first document he asks to see for a claimed user date is the earliest dated invoice bearing the mark, not the founding story. If that invoice is from March 2023, the claim should be March 2023, even if the founder remembers using the name informally a year earlier. A conservative date backed by paper holds up; an ambitious one invites a fight you do not need.
Documents you need to file a trademark application
Gather these before you start. Most can be uploaded as scanned PDFs or images.
For every application
- Applicant's full name, address and nationality (or company details)
- Clear image of the mark (JPG), for a logo or composite mark
- Exact description of goods or services and the class numbers
- Translation and transliteration if the mark has non-English words
- Form TM-48 (authorisation) signed by the applicant, if an advocate or agent files
For businesses
- Certificate of incorporation for a company or LLP
- Partnership deed listing the partners, for a firm
- PAN of the applicant entity
- Board resolution or authority letter for the signatory, where the agent asks for it
If you claim prior use
- Affidavit of use stating the date of first use
- Dated invoices bearing the mark, from the claimed date onwards
- Advertisements, catalogues, packaging and website or social media printouts
- Sales figures, ideally certified by a chartered accountant
For the lower fee
- Udyam registration certificate for a micro or small enterprise
- DPIIT recognition certificate for a startup
- Nothing extra for an individual applicant
How to file Form TM-A online, step by step
Applications are filed through the e-filing service on the IP India website. An advocate or registered trademark agent can file on your behalf with a TM-48 authorisation.
Create a filing account
Register on the IP India e-filing portal as an individual applicant or as an agent. Agents and advocates usually sign with a class 3 digital signature certificate; individual applicants can use the options the portal offers.
Choose the application type
Select Form TM-A and indicate whether it is a single-class or multi-class application, and the type of mark: word, device, composite, shape, sound or colour.
Enter the applicant details
Fill in the exact legal name, legal status (individual, proprietor, partnership, company, LLP), address and, for the lower fee, the category you qualify under with the supporting certificate.
Upload the mark
For a word mark, type the word. For a logo, upload a clean image on a plain background that matches what you will actually use. Add a translation or transliteration where needed.
Write the specification
Pick the class and describe the goods or services. You can use entries from the Registry's pre-approved list, which reduces objections, and add specific items where the list falls short.
Give the user date
Choose 'proposed to be used' or enter the date of first use, and attach the affidavit and evidence if you claim prior use.
Sign, pay and submit
Attach TM-48 if an agent files, pay the fee online and submit. The portal generates the application number at once; keep the acknowledgment receipt, because it is your proof of the filing date.
Start using TM and watch the status
From now on you may use the TM symbol. Check the application status online every few weeks, or have your advocate do it, so you do not miss an examination report.
How much does trademark registration cost?
The official fee is charged per class. Under the First Schedule to the Trade Marks Rules 2017, an online application costs ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 per class for everyone else; physical filing costs a little more. These rates have been in place since 2017, but schedules change by notification, so check the current fee on the IP India site before you file. There is no separate fee for issuing the certificate.
Replying to an examination report and attending a hearing carry no government fee. Opposing a mark, or filing a counter-statement to defend one, is done on Form TM-O at ₹2,700 per class online. If you need a fast decision, you can ask for expedited examination, which costs ₹20,000 for individuals, startups and small enterprises and ₹40,000 for others; it speeds up examination but not the four-month opposition window.
Professional fees for searching, drafting the specification, filing and answering objections are separate from the government fees. We discuss them at the first meeting and agree them in writing, stage by stage, so that you know what each step involves before it starts.
What happens after you file: formalities and examination
The first check is formal: does the applicant's name match the documents, is the class correct, is TM-48 on file, is the image clear. Defects here are usually curable by a simple request to amend on Form TM-M. Then the application is marked for examination and an examiner reviews it on the merits.
The result is either acceptance or an examination report listing objections. The most common are a section 9 objection (the mark is not distinctive, or describes the goods) and a section 11 objection (a similar earlier mark exists, which the report lists). You have one month from the report to reply in writing. If you do not, the Registry can treat the application as abandoned, and reviving it is uncertain. Many applications are lost at this point because the applicant never saw the report; it goes to the email address on the application, and that is often an inbox nobody checks.
If the written reply does not satisfy the examiner, the Registry fixes a show cause hearing, usually by video. A senior officer hears you and either accepts the mark (sometimes with conditions, such as a disclaimer of a descriptive word or a narrower specification) or refuses it. How to write the reply, what evidence helps and how hearings go is the subject of our post on replying to a trademark examination report.
Advertisement in the Trade Marks Journal and the opposition window
Once accepted, the mark is published in the Trade Marks Journal with its application number, image, applicant and specification. Status on the portal changes to 'Accepted and Advertised'. In some cases the Registrar advertises a mark before acceptance (under the proviso to section 20), where there are doubts that are better tested by allowing the public to object; the status then reads 'Advertised before Accepted'.
From the date the journal is made available, anyone has four months to file a notice of opposition under section 21. That time is fixed by the Act and cannot be extended. If an opposition is filed, you will be served with a copy and must file a counter-statement within two months, or the application is treated as abandoned. The steps from there (evidence, hearing, decision) are covered in our post on trademark opposition. If no one opposes, nothing is required from you; the Registry moves the mark to registration.
When do you get the registration certificate, and how long is it valid?
After the opposition window closes without an opposition, the Registry enters the mark on the register and issues the certificate, which you can download from the portal. You do not have to file a separate request or pay a separate fee for it under the 2017 Rules. The status changes to 'Registered'.
The registration runs for ten years from the date of application, and can be renewed for further periods of ten years each by filing Form TM-R within six months before the expiry date. Late renewal with a surcharge is possible for six months after expiry; after that the mark is removed, and restoration is possible only within limits. The deadlines and the restoration route are set out in trademark renewal and restoration of a removed mark.
How long does trademark registration take in India?
There is no fixed time, and anyone who promises one is guessing. A clean application, with no objection and no opposition, can be registered in under a year: a few weeks to formalities, a few months to examination, publication soon after acceptance, then the four-month window. An application that draws an objection adds the reply and possibly a hearing, which can take several more months depending on hearing dates.
An opposed application is a different matter. Opposition proceedings involve pleadings, three rounds of evidence and a hearing, and often take two years or more. Expedited examination shortens only the examination stage. The practical lesson is to file well before launch, so that by the time the brand has money behind it, at least the early stages are behind you, and to remember that your rights date back to the filing date once the mark is registered.
What do the trademark status labels mean?
The IP India portal shows a status for every application. These are the ones you will see most often.
- Send to Vienna Codification. A logo or device mark is being coded by its figurative elements, a routine step before examination.
- Formalities Chk Pass or Formalities Chk Fail. The formal check is done; a fail means a defect you must cure, usually by amendment.
- Marked for Exam. The application is in the queue for an examiner.
- Objected. An examination report has been issued. Download it at once; the one-month reply clock is running.
- Exam Report Issued or Reply Filed. The report is out, or your reply is on record and awaiting the examiner's view.
- Ready for Show Cause Hearing. The written reply did not settle the objection and a hearing will be fixed.
- Accepted and Advertised, or Advertised before Accepted. The mark is in the journal and the four-month opposition window is open.
- Opposed. Someone has filed Form TM-O. Your counter-statement is due within two months of service.
- Registered. The certificate is available. Diary the renewal date ten years from filing.
- Abandoned, Refused or Withdrawn. The application is no longer alive. Abandonment for a missed deadline can sometimes be challenged, but act fast.
A made-up example: one tea brand, three filings
Here's a made-up example. Neha runs a small tea business from Noida under the name 'Pahadi Chuski'. She sells loose-leaf tea online, and plans to open a tea bar next year. Her first instinct is to file one application in her own name for 'all goods and services'.
On review, three changes are made. First, because she is about to incorporate a private limited company with her brother, the filing waits two weeks so the company can be the applicant. Second, a word mark is filed in class 30 for tea and tea-based beverages, and in class 43 for cafe and tea bar services, as separate applications so that trouble in one class does not hold up the other. Third, her earliest invoice with the name is from August 2024, so that is the user date claimed in class 30, with an affidavit and copies of invoices, Instagram posts and packaging. Class 43 is filed as 'proposed to be used'.
The class 30 application draws a section 9 objection that 'Pahadi' describes hill-grown tea. The reply argues that the mark is the combination 'Pahadi Chuski', which as a whole does not describe the goods, and offers a disclaimer of exclusive rights in the word 'Pahadi' alone. It is accepted on that basis. The class 43 application goes through without objection. Neither is opposed, and both are registered from their filing dates.
Mistakes that delay or sink trademark applications
- Filing in the wrong name. A proprietorship's trade name as applicant, or a founder instead of the company, leads to objections now and ownership disputes later.
- A specification copied from a competitor. Their list fits their business, not yours, and it may claim goods you will never sell.
- A descriptive name. 'Delhi Fresh Bakery' for bakery products in Delhi tells the buyer what and where, not who. Expect a section 9 objection and a weak mark even if registered.
- An unprovable user date. Claiming use from years before your first invoice hands an opponent an easy point.
- Missing the examination report. The report goes to the email on file. If that is a former employee's address, the application can be abandoned before you know there was an objection.
- Using ® before registration. It now attracts a monetary penalty under section 107, and it looks bad in any dispute.
- Waiting until after launch. Every week of public use before filing is a week in which someone else can file first or start using something similar.
Protecting the mark outside India: the Madrid route
Indian registration protects the mark only in India. If you sell abroad, or plan to, India is a member of the Madrid Protocol, which lets you file one international application through the Indian Registry, based on your Indian application or registration, and designate the countries where you want protection. Each designated country then examines the mark under its own law and can refuse it there.
The Madrid route is cheaper and simpler than separate national filings when you need several countries, but it has a catch: for the first five years the international registration depends on the Indian base mark, so if the Indian application is refused or cancelled, the international registration falls with it. For a single important export market, a direct national filing in that country is sometimes the safer choice. Fees are set in Swiss francs by WIPO and vary by country, so they are best checked at the time of filing.
After registration: keeping the mark alive
A registered mark can be lost through neglect. If it is not used for a continuous period of five years and three months from the date of registration, anyone aggrieved can apply to remove it for non-use under section 47. Use the mark as registered, keep dated records of use every year (a few invoices and advertisements are enough), and file new applications when the logo changes materially.
Record changes of ownership and address with the Registry: an assignment on Form TM-P, a change of address on the appropriate form. Put licences in writing, with quality control clauses, so that a licensee's use counts as your use. Watch the journal for marks similar to yours, because the four-month opposition window is the cheapest moment to stop a copycat. And if someone starts using a confusingly similar mark in the market, our page on trademark and copyright laws explains the enforcement options, from a legal notice to a suit in a commercial court.
What to do this week if you are about to file
- Decide who owns the brand: you personally, your firm or your company. Incorporate first if a company is coming.
- Search the Registry for identical and similar marks in your class and related classes, and check company names and domains.
- List what you sell now and what you expect to sell within three years; map those to classes.
- Find your earliest dated invoice or advertisement bearing the mark, if you are claiming prior use.
- Get the final version of the logo before filing a device mark.
- Collect the Udyam or DPIIT certificate if you qualify for the lower fee.
- Set the application's contact email to an inbox someone reads every day.
- Diary a status check every three weeks until the mark is registered.
When to get an advocate involved
Many people file simple applications themselves, and for a distinctive word mark in one class that can work. Bring in an advocate when the name is close to descriptive, when the search shows similar marks, when you are claiming an early user date, when there are co-founders or family members with competing claims to the brand, or when the business is about to raise money and the trademark position will be examined by someone else's lawyers.
If you want an advocate to look at your proposed mark, the search results or an objection you have already received, the team of Advocate B.K. Singh at B.K. Singh & Associates can review the papers and tell you where the risks are and what the next deadline is. You can reach us through the online legal enquiry form.
Frequently asked questions
How many months does a trademark take to register if there is no objection?
A clean application with no objection and no opposition can be registered in under a year. An examination objection adds several months for the reply and any hearing, and an opposition can add two years or more. The registration, once granted, takes effect from the filing date.
Can I use my brand name before the trademark is registered?
Yes. You can use the name and the TM symbol from the day you file, or even before. What you cannot do is use the ® symbol or call the mark registered until the certificate is issued.
What is the government fee for trademark registration?
Online filing on Form TM-A costs ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 per class for others, under the Trade Marks Rules 2017. Check the current First Schedule on the IP India site before filing, because fees can be revised by notification.
Can an individual file a trademark without a company?
Yes. An individual can apply in their own name, and a sole proprietor applies as an individual trading under the business name. If you plan to form a company that will own the business, it is usually better to let the company apply.
How many classes should I file in?
File in every class that covers goods or services you sell now or expect to sell in the next few years, and no more. Many businesses need two or three classes, for example a product class and a retail or service class. Each class carries its own fee.
What happens if I miss the deadline to reply to an examination report?
The Registry can treat the application as abandoned. Depending on the facts, a review or a writ petition may be possible, especially if the report was not properly served, but the outcome is uncertain and a fresh application may lose your earlier filing date.
Does my Indian trademark protect the brand abroad?
No. Indian registration covers India only. For protection abroad you can file through the Madrid Protocol using your Indian application as the base, or file directly in each country.
Can I register a trademark for a business name that is already a company name?
Being registered as a company with the MCA does not give trademark rights, and a company name does not stop someone else's trademark application on its own. If another business already uses the name as a brand, however, they may oppose you or sue for passing off, so search both registers.
What is the difference between TM and ® symbols?
TM signals that you claim the mark as yours and can be used at any time. ® means the mark is registered and can be used only after registration; misusing it attracts a penalty under section 107 of the Trade Marks Act.
Can a trademark application be filed for a logo and a name together?
Yes, as a composite mark in one application. A composite mark protects the combination as shown, so many businesses file the word mark separately as well, because it covers the name in any style.
Do I need to be using the mark to apply?
No. You can apply on a 'proposed to be used' basis. But a registered mark that is not used for five years and three months after registration can be removed for non-use, so do not register marks you have no plan to use.
Where is the trademark office for Delhi, Noida and Ghaziabad applicants?
Applicants whose principal place of business is in Delhi or Uttar Pradesh fall under the Delhi office of the Trade Marks Registry. Filing, replies and most hearings now happen online, so you rarely need to visit the office.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.