Last Updated on August 24, 2026
Most people who ask this question are really just asking about the fee, and fair enough, it’s the difference everyone notices first. But there’s a bigger question hiding underneath: who actually owns the mark, what happens to it if you die or sell the business, and whether an investor’s going to raise an eyebrow when they see it sitting in your personal name instead of your company’s.
Here’s what actually changes depending on who files, beyond just the government fee, and when it’s worth switching from one to the other.
Quick Summary
Both individuals and business entities can apply for trademark registration in India under Section 18 of the Trade Marks Act, 1999. The better applicant structure depends on who owns and uses the brand, the applicable fee category, the business structure, and future plans for investment, licensing, or transfer of the trademark. Choosing the applicant carefully at the filing stage can also make future ownership changes and brand management easier.
- Individuals and eligible entities can apply: Individuals, proprietorships, startups, small enterprises, companies, LLPs, and other eligible applicants can apply for trademark registration, subject to the applicable requirements.
- Government fee depends on applicant category: The official e-filing fee is generally ₹4,500 per mark per class for an individual, startup, or small enterprise and ₹9,000 per mark per class for other applicants, subject to the applicable fee schedule and conditions.
- Renewal fee: The renewal fee is generally based on the applicable official fee schedule at the time of renewal and is not subject to the initial applicant-category discount in the same manner as the reduced application fee.
- Choose ownership carefully: For a proprietorship, the trademark application should accurately identify the proprietor and the relevant business details. Using only a trading name without correctly identifying the legal applicant can create ownership and documentation issues.
- Ownership can be transferred: A registered trademark can be assigned or otherwise transferred subject to the applicable legal requirements. Proper documentation is important when moving the trademark from an individual or proprietorship to a company.
- Founder-owned trademarks can create diligence issues: If a startup’s key brand is personally owned by a founder instead of the operating company, investors or acquirers may require the ownership to be properly assigned and documented as part of due diligence.
- Plan for long-term ownership: If the business is already incorporated and the company is intended to own and develop the brand, registering the trademark in the appropriate entity’s name may provide a cleaner ownership structure.
The right applicant for a trademark depends on the actual ownership and use of the brand, not simply on whether the applicant is an individual or a company. Before filing, businesses should consider future investment, assignment, licensing, succession, and brand expansion to avoid unnecessary ownership changes later.
Not Sure Who Should Own Your Trademark?
Kanakkupillai can help you identify the appropriate applicant structure, conduct trademark searches, select the relevant class, prepare the application, and manage trademark registration and related IP requirements.
Who’s Actually Allowed to Apply
Section 18(1) of the Trade Marks Act is written broadly on purpose; it lets “any person claiming to be the proprietor” file an application, and that covers individuals, sole proprietors, HUFs, partnership firms, LLPs, companies, trusts, and societies alike. So no, you don’t need a private limited company just to own a trademark. A freelancer working under their own name can file exactly the same way a listed company can.
The Fee Gap Everyone Talks About
This is the part most people already know. File as an individual, a sole proprietor, a DPIIT-recognised startup, or an MSME, and you pay Rs. 4,500 per class online. File as a company, LLP, or basically anything else, and it’s Rs. 9,000 per class, exactly double. Multiply that across a few classes, and it adds up fast, which is exactly why so many founders start out filing in their own name rather than their newly incorporated company’s.
One catch on claiming this rate: your Udyam registration or DPIIT recognition certificate has to be filed along with the application itself, not added later. File without it and get asked to prove eligibility afterwards, and you risk being asked to pay the differential fee.
Here’s something that surprises a lot of people ten years in: that concessional rate only applies to your original application. Renewal costs a flat Rs. 9,000 per class for everyone, individual or company, no discount either way. So the fee gap you saved on at filing quietly disappears the first time you renew; it’s a one-time saving, not an ongoing one.
The Catch Nobody Mentions Until Renewal Time
Here’s something that surprises a lot of people ten years in: the concessional rate only applies to your original application. Trademark renewal costs a flat Rs. 9,000 per class for everyone, individual or company, no discount either way. The fee gap you saved on at filing quietly disappears the first time you renew, a one-time saving, not an ongoing one.
What Actually Matters More Than the Fee
The fee difference is real, but it’s honestly the smaller story here. What matters more is what happens to the mark over time. A company has perpetual succession built in; directors come and go, shareholders change, the company itself just keeps owning the trademark regardless. An individual doesn’t have that. If you personally own the mark and something happens to you, your heirs don’t just inherit it cleanly; they have to apply for transmission with the Registry, submitting a will or legal heir certificate as proof, and until that’s sorted, there’s a gap in clean, undisputed ownership.
The Sole Proprietor Naming Trap
This one catches people constantly. If you’re a sole proprietor filing a trademark, you file it in your own personal name, as the proprietor, not under your business’s trade name. Someone running “Everest Bakes” as a sole proprietorship doesn’t file as Everest Bakes; they file in their own individual name, with the business simply described in the application. Get this wrong and ownership can end up sitting somewhere that doesn’t match how you actually run the business.
When You Outgrow Individual Ownership
A lot of founders start out filing personally; it’s cheaper, simpler, and honestly, when you’re pre-revenue it barely matters who’s on the certificate. But the moment you incorporate a company around that same brand, the trademark doesn’t automatically follow you into the new entity. It has to be formally assigned, a written deed, recorded with the Registry through Form TM-P, and that costs money and takes time you probably didn’t budget for when you were just trying to launch.
Two things worth budgeting for specifically: the government fee for recording the assignment on Form TM-P is Rs. 9,000 per mark online (Rs. 10,000 if filed physically), and it has to be filed within 6 months of the date the company actually acquired ownership. The assignment deed itself also needs to be executed on stamp paper, with stamp duty varying by state, typically in the Rs. 100–500 range for a straightforward assignment, though it scales with any consideration amount mentioned in the deed.
Why Investors Actually Care About This
Ask anyone who’s been through a funding round, and they’ll tell you diligence checks exactly this. If your core trademark sits in your personal name while investors are putting money into your company, that’s a gap they’ll flag, sometimes as a condition to closing the round. Clean IP ownership, meaning the company itself owns what it’s built its brand on, is one of those unglamorous details that quietly shapes how smooth a fundraise or acquisition actually goes.
Documents You’ll Need, Either Way
| Applicant Type | Key Documents |
| Individual / Sole Proprietor | PAN, Aadhaar or another ID proof, signed Form TM-48 (Power of Attorney) |
| Company | Certificate of Incorporation, board resolution authorising the filing, signed Form TM-48 |
| LLP | Certificate of Incorporation, resolution/authorisation from designated partners, signed Form TM-48 |
| Both, if claiming the concession | Udyam registration or DPIIT recognition certificate, where applicable |
Fees, Side by Side
| Applicant Type | Filing Fee (Online, Per Class) | Renewal Fee (Per Class) |
| Individual, sole proprietor, startup, MSME | Rs. 4,500 | Rs. 9,000, no concession |
| Company, LLP, partnership, other entities | Rs. 9,000 | Rs. 9,000 |
The Process Itself Doesn’t Actually Change
Whether you file as an individual or a company, the journey through the Registry is identical: same examination process, same publication step, same 4-month opposition window. Nobody gets fast-tracked for being a company, or slowed down for being an individual. The real differences sit in who’s on the paperwork and what that means for ownership down the line.
What’s New Going Into 2026
The Nice Classification’s 13th Edition took effect on 1 January 2026, reshuffling which classes certain goods and services fall under. This applies equally to individual and company filers, but it’s worth double checking your trademark class before filing this year, since something that used to sit in one class might now belong somewhere else.
Where Things Go Wrong
- Submitting your sole proprietorship trademark using your business’s trading name, instead of your own name
- Hoping the trademark transfers automatically when your proprietorship becomes a company
- Keeping your key brand trademark in your founder’s name long after it should have been moved to your company’s
What Getting It Right Up Front Means for You
- No need to go through the hassle of a legal assignment if you do it right from the beginning
- Keep your intellectual property in good order and ready for investment without any last-minute rush during due diligence
- Prevent any ownership uncertainty after the founder passes away or becomes incapacitated
An Interesting Scenario to Learn from
A designer registers the trademark for her jewellery line as a sole proprietor by taking the individual discount, and all seems well at the point of registration. However, three years down the line, her brand becomes successful, and she then registers a private limited company while reaching out to angel investors. In the due diligence stage, the legal adviser of the investor notes that the only valuable asset of the firm, that being the trademark, is registered under her own name. She will now need to go through a process involving a deed of assignment and submission of Form TM-P, both of which incur cost and time.
A Few Things Worth Doing Differently
- If you’re planning to incorporate within a year or two, consider filing directly in the company’s name from the start
- If you do file individually first, plan the assignment to your company early, not during a funding round
- Double-check the Nice Classification 13th Edition mapping before choosing your class this year
Individual vs Company Trademark: What Actually Differs
| Aspect | Individual / Sole Proprietor | Company |
| Filing fee (per class) | Rs. 4,500 online | Rs. 9,000 online |
| Continuity | Tied to the individual’s lifetime | Perpetual succession, unaffected by ownership changes |
| On death of owner | Transmission to heirs, via Form TM-P with proof | Not applicable, company continues to own it |
| Investor readiness | Often flagged during diligence | Generally clean, no separate assignment needed |
What Kanakkupillai Can Offer
We advise founders whether to file individually or using the company right from the start; we can help you get through the assignment process smoothly in case of a sole proprietorship changing into an incorporated entity, and we will ensure that the trademark ownership structure is exactly how a possible investor or acquirer expects it.
Conclusion
There is a difference in the filing fees for individual and company trademarks; however, that is not the most important thing here. It is more important for you to figure out what you would prefer the mark to be associated with after 5 years: your personal experience story or your business. Get that right at the start, and you will avoid an assignment deed, diligence issue and a lot of headaches in the future.
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FAQs
1. Can a sole proprietor apply for a trademark without setting up a company first?
Yes, according to Section 18(1), any person can file directly in their own name, and no business entity is necessary for owning a trademark in India.
2. Does the discount for individual application apply during renewal of the trademark?
No, the cost of renewal of the trademark is fixed, and it is Rs. 9,000 per class. It does not depend on who files it.
3. What will happen to the trademark after the death of its individual owner?
Ownership passes to the legal heirs by transmission, not assignment. The heirs need to apply to the Registry using Form TM-P, along with a will or legal heir certificate.
4. If I incorporate a company later, does my personally-owned trademark transfer automatically?
No, it doesn’t happen on its own. You need to execute a formal assignment deed and file Form TM-P to transfer ownership from yourself to the new company.
5. Does it matter to investors whether a trademark is owned personally or by the company?
Yes, it is one of those due diligence findings that occur frequently. Investors expect that the core IP assets of the company should be registered in the company, not in its founders personally.
6. Are there any differences in the procedure of applying for a trademark between an individual and a company?
No, examination, publication, and opposition are the same for all types of applicants. Differences are only in the fees and in the destiny of the ownership.
7. Can a trademark have more than one owner?
Yes, joint applicants are allowed under the Act; two individuals, an individual and a company, or multiple companies can be named as joint proprietors on a single application, with usage and consent terms typically settled between them separately.
