Trademark registration in India is a multi-step process managed by the Trade Marks Registry under IP India. This guide walks you through every stage — from your first search to receiving your registration certificate.

Step 1: Conduct a Trademark Public Search

Before filing anything, search the Indian trademark register to ensure your brand name is not already registered or applied for. Use our free tool at tmpublicsearch.com or the official IP India portal.

Search for: the exact name, phonetically similar names, names with the same prefix or suffix, and names with the same meaning in any Indian language.

Critical

The trademark filing fee is non-refundable. A search that takes 2 minutes could save you ₹4,500–₹9,000 in wasted filing fees.

Step 2: Select the Right Trademark Class

India uses the 45-class Nice Classification system. You must file in the class(es) that cover your goods or services. Filing in the wrong class gives you zero protection in your actual area of business.

  • Most common for products: Class 25 (clothing), Class 29/30 (food), Class 9 (electronics)
  • Most common for services: Class 35 (retail/advertising), Class 42 (IT), Class 43 (restaurants)

Step 3: Gather Required Documents

For filing a trademark application in India, you will need:

  • Applicant details — name, address, nationality
  • Business type — individual, partnership, company, LLP, trust
  • The trademark itself — word mark (text only) or device mark (logo/design)
  • If device mark: clear representation of the logo in JPG/PDF
  • Description of goods/services to be covered
  • Priority claim documents (if claiming convention priority from a foreign application)
  • Power of Attorney (Form TM-48) if filing through an agent or attorney
  • Proof of MSME/Startup status (if claiming the lower filing fee)

Step 4: File the Application

Applications are filed on Form TM-A through the IP India website (ipindia.gov.in) or physically at any of the four Trade Marks Registry offices: Delhi, Mumbai, Kolkata, or Chennai.

Filing fees (2026)

Applicant TypeE-filing fee (per class)Physical filing (per class)
Individual, Startup, MSME, Proprietorship₹4,500₹5,000
Company, LLP, Partnership, Trust₹9,000₹10,000

E-filing is strongly recommended — it is cheaper, faster, and you receive immediate acknowledgement with an application number. Upon successful filing, you can immediately begin using the ™ symbol next to your brand name.

Step 5: Examination by the Registrar

After filing, the Trade Marks Registry assigns your application to an Examining Officer who reviews it. The examiner checks for:

  • Similarity to existing registered marks (relative grounds for refusal)
  • Whether the mark lacks distinctiveness, is descriptive, or is generic (absolute grounds)
  • Whether the mark is deceptive, misleading, or contrary to public morality
  • Compliance with formalities

If the examiner finds any issue, they issue an Examination Report with objections. You have 30 days (extendable by 30 more days with a fee) to file a reply. If no objections are found, the application moves directly to acceptance.

Step 6: Hearing (if Examination Report Issued)

If your written reply to the Examination Report does not fully satisfy the examiner, you may be called for a hearing before the Registrar. This is an opportunity to present your arguments in person (or virtually). Following the hearing, the Registrar accepts, conditionally accepts, or refuses the application.

Step 7: Publication in the Trademarks Journal

Once accepted, your trademark is published in the Trademarks Journal (published weekly online by IP India). The publication triggers a 4-month opposition window during which any person can file a Notice of Opposition claiming the mark is similar to theirs or should not be registered.

Step 8: Opposition Period (if any)

If an opposition is filed, both parties exchange statements and evidence, and the Registrar conducts hearings. The entire opposition process can take 2–5 years. If no opposition is filed within 4 months, the application proceeds automatically to registration.

Step 9: Registration Certificate

If no opposition is filed (or opposition is decided in your favour), the Trade Marks Registry issues a Registration Certificate. You can now use the ® symbol.

The registration is valid for 10 years from the date of filing (not the date of registration certificate). Renew before expiry using Form TM-R.

Total Timeline Summary

StageTypical Duration
Filing to acknowledgmentImmediate (e-filing)
Filing to examination3–6 months
Examination to acceptance (if no objection)2–4 months
Acceptance to Journal publication1–3 months
Opposition window4 months
Registration certificate1–2 months after opposition window
Total (no objections or opposition)18–24 months
Total (with objections and opposition)3–7 years
Key Takeaway

You can use ™ from the day you file. You can only use ® after your registration certificate is issued. The commercial protection begins from the date of filing — so filing early matters even if registration takes time.