How to Trademark a Name in India: Complete Step-by-Step Guide (2026)
✅ Quick Answer: To trademark a name in India: (1) Search the IP India portal for existing marks, (2) Choose the correct trademark class, (3) File Form TM-A online at ipindiaonline.gov.in, (4) Pay ₹4,500 (MSME/individual) or ₹9,000 (company) per class. You can use the ™ symbol immediately after filing.
Can Any Name Be Trademarked in India?
Not every name qualifies for trademark registration. IP India will reject names that are:
- Purely descriptive — names that directly describe what you sell (e.g., 'Fresh Organic Milk' for a dairy brand)
- Generic — common names for the product category (e.g., 'Bread' for a bakery)
- Deceptive — names that mislead about the nature or quality of goods
- Geographical-only — just a place name with no distinctive element (e.g., 'Mumbai Shoes')
- Common surnames only — a name that is simply a common Indian surname with no other element
- Offensive or illegal — names contrary to law, morality, or Indian public policy
Step 1: Choose a Trademark-Safe Brand Name
Before investing in branding, verify your name is trademark-registrable:
- Avoid purely descriptive or geographic names
- Prefer invented words or combinations (e.g., 'Meesho', 'Zepto', 'Lenskart')
- If using a real word, choose one unrelated to your product category
- Run a basic availability check on IP India's public search portal before committing
Step 2: Search IP India for Existing Marks
Before filing, always conduct a thorough trademark public search:
- Go to ipindiaonline.gov.in → Trademark → Public Search
- Select Wordmark Search for text names
- Choose your trademark class from the dropdown
- Search your exact name AND phonetic variations (e.g., search 'Nayaka' if your brand is 'Naica')
- Review all results — marks labelled Registered or Objected are potential conflicts
- Also search in related classes if your business spans multiple sectors
Step 3: Identify the Correct Trademark Class
India uses the Nice Classification (45 classes) to categorise all goods and services. You must file in the correct class(es) or your trademark won't protect you where it matters:
- Classes 1–34 cover physical goods
- Classes 35–45 cover services
- If you sell a product AND retail it online, you need both the product class AND Class 35 (retail services)
- If you run an app AND provide a service, you may need both Class 42 (tech) and the relevant service class
Step 4: File Form TM-A on IP India Portal
Once your name clears the search and class is confirmed:
- Go to ipindiaonline.gov.in → Trademark → e-Filing → TM-A
- Select applicant type: Individual / MSME / Startup / Company
- Enter your trademark (word mark or upload logo file in JPEG)
- Describe your goods/services accurately
- Upload PAN, business proof, Udyam certificate (if MSME), PoA (if via agent)
- Pay the government fee: ₹4,500 (individual/MSME/startup) or ₹9,000 (company/LLP)
- Submit — your application number is generated immediately
Step 5: Monitor and Respond to Examination Report
After filing, the registry examines your application within 3–6 months. You will receive an Examination Report — either approving the mark or raising objections:
- If approved directly: mark proceeds to journal publication
- If objected: you have 30 days to file a detailed written reply. Missing this deadline = automatic abandonment
- If examiner requests a hearing: your attorney presents arguments; hearing is typically conducted via video
What Happens After Your Name is Trademarked?
After receiving the registration certificate:
- You can legally use the ® symbol on all products, packaging, and marketing
- You have the legal right to sue for infringement and claim damages if someone copies your name
- You can license your name to others and earn royalties
- You can sell or assign your trademark as part of a business sale
- Renew every 10 years to maintain protection indefinitely
Frequently Asked Questions
How much does it cost to trademark a name in India?
Government fee: ₹4,500 per class for individuals, MSMEs, and DPIIT-recognised startups (online filing). ₹9,000 per class for companies and LLPs. Attorney fees are additional — typically ₹3,000–7,000 for a simple application.
How long does it take to trademark a name in India?
18–24 months for a smooth application. You can use ™ from day of filing. ® is permitted only after the registration certificate is issued — typically after 18–24 months.
Can I trademark a name that is already used by another business?
If the other business has a registered trademark for the same name in the same class, you cannot register it. If it is an unregistered business name (no trademark), you may be able to register it, though the existing user might oppose. Always conduct a thorough search before filing.
Can I trademark my own personal name?
Yes — individual names can be trademarked if they have acquired distinctiveness as a brand. However, purely common surnames (e.g., 'Kumar') without any distinctive element are harder to register unless you can prove acquired distinctiveness through long use.
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