Last Updated on March 31, 2026
A trademark is a word, name, symbol, or design that is used in trade in respect of goods and services to indicate the connection with goods or services and to differentiate it from existing goods and services. The main function of a trademark is to give information to purchasers about the manufacturer or the quality of goods and services. Trademark registration is a simple process. The Trademarks Act, 1999, and the Trademark Rules, 2002, govern trademark law.
How to Select a Good Trademark?
We have curated a beginner-friendly guide to help you understand what can and cannot be trademarked. Click here to know more. Also, you can connect with us to understand how to select a good trademark for your business.
Who Can File a Trademark Application?
Any person claiming to be the proprietor of the trademark can file for registration of the trademark.
Key entities that can file a trademark application are:
- Sole proprietors
- company- public and private limited
- LLPs
- partnership firm
- cooperative societies
- government entities
- foreign entities.
- HUF
- Joint owners.
How To Register a Trademark in India?
There are two modes of registration of Trademarks.
-
Physical filling:
It can be done by filing the TM-A application, along with all relevant documents, with the trademark registry. The registry is located in 5 places: Chennai, Mumbai, Kolkata, Ahmedabad, and Delhi. The Application for registration must be filed within the territorial jurisdiction of the Applicant’s place of business.
-
E-filling:
The easiest and most convenient way to file a trademark is through e-filing. For e-filing the application, you can either do it yourself or use a trademark agent/attorney. You will need to log in to the comprehensive e-filing portal and create a user ID. It is mandatory to have a DSC to e-file the trademark application.
Steps Involved in Trademark Registration Process in India
Step-1:Application for Registration:
The applicant has to file an application in writing to the Registrar of Trademarks with the required documents (If any) to get the trademark registered. A single application can be filed for the same or multi-class trademark, along with the prescribed fees for goods or services.
Particulars of the Application:
- Details of the Applicant: name, address of service, correspondence details, and nature of the applicant.
- If the applicant is a company, then the following details/documents are required:
- details of the company
- details of the directors
- Certificate of Incorporation
- company seal and letterhead
- correspondence details
- MOA and AOA
- If the applicant is a partnership or LLP, then:
- partnership deed/agreement
- Details of the partners
- Details of the Firm
- if any trust/society/ any other form:
- trust deed
- certificate from the registrar of societies
- Details of the goods/services and description. You will have to choose the right trademark class from the Nice classification based on the nature of goods or services your business deals with. There are 45 classes that you can choose from. In the case of a multi-class application, you can choose class 99.
If you are not sure of the class, here is a comprehensive guide. Still confused? Contact our expert team today to help you with a trademark class search.
- Two copies of the representation of the mark (in case of Physical filing).
In case of e-filing: A digital representation of the trademark, if it’s a device mark.
- If it is a sound mark, then the graphical representation of sound.
- If it is a colour mark, then the Pantone card.
- If your registration is in any other language, then you will have to provide an English translation of those words. As per Rule 28, the applicant is required to provide an English/Hindi translation of the mark along with its meaning. For example, if you are registering the mark “MAYUR”, you will need to provide a translation, as “MAYUR” means “peacock” in English.
- If you are claiming prior use, then you will have to file a user affidavit ot proof of use along with relevant documents to prove the use and details of the first use of the trademark in India.
- If you are filing the application through an agent/attorney, then a power of attorney signed by the applicant is required.
- Signature in all relevant forms in case of physical filing and digital signature affixation in case of e-filing.
- Limitation of use, if required.
Step 2: Review of Application:
The trademark registrar reviews the application. The registrar either accepts or refuses the application or proposes a modification. The registrar might deny the registration on two grounds:
- Absolute Grounds of Refusal under section 9
- Relative grounds of refusal under section 11.
But if the Registrar is satisfied that the Application is complete without any error, it allots an application number, which later becomes the registration number.
Step-3: Examination Report:
The trademark association must issue an examination report within one month, stating the grounds for the refusal of the application. A trademark that is refused might be registered if the applicant can prove that it has acquired a unique or distinctive character over time. Based on the examination report, the registrar determines whether the application is to be accepted, rejected, or put up for a show-cause hearing.
Upon issuance of the examination report, the applicant must submit a counter-reply (to the examination report) along with any necessary documents (if any) to nullify the objections raised by the registry within one month of the date of issuance of the examination report.
If the registrar is satisfied with the reply statement, it will accept the application and publish it in the trademark journal. In case of refusal, the application will be put up for a show-cause hearing.
Consequence of non-compliance: The Registrar will notify the applicant of deficiencies in the application with respect to the filing requirements and allow the applicant one month to rectify the same. If the deficiencies are not rectified within the time allowed, the application may be treated as abandoned.
Step 4: Advertisement:
If your applicant passes the examination stage and is accepted by the trademark registry, the registrar will issue an order to advertise the application in the trademark journal to invite the public to file oppositions, if any, to the subject trademark.
Step-5:Filing of Opposition:
Any aggrieved party may oppose the trademark by filing an opposition with the registrar in writing, along with the prescribed fees, within 4 months from the date of publication/advertisement of the trademark in the journal.
If no opposition is filed, the application will be accepted and registered, and then the registrar will issue a trademark certificate.
If there is any opposition, then you will have to follow the procedure given below:
Step 6: Counter Statement to Opposition:
The registrar will issue a notice of opposition in the form TM-O to the applicant,
Upon receipt of the same, the applicant must file a counter-reply stating the grounds for rejecting the opposition within 2 months.
The counter-statement will be sent to the opposite party, both parties will be given a reasonable opportunity, and the Registrar will make the decision.
Step 7: Acceptance of Registration:
If the registrar is satisfied that the application is complete and decides in favour of the applicant, the application is said to be accepted for registration, and the Registrar must register the trademark within 18 months of the date of application.
Documents Required for Trademark Registration
The key papers needed for brand filing in India are:
- Copy of the property image (optional)
- Signed Form-48, allowing a trademark attorney
- Identity and address proof of the application (person, owner, or signature)
- Incorporation certificate or partnership document for companies and LLPs
- Udyam registration proof for small businesses and startups.
The exact papers depend on the type of application, but usually include proof of name, organisation, and permission. Startups and small businesses need additional things, such as the Udyam registration license.
Renewal of Registered Trademark
Trademark registration is valid for 10 years and can be renewed from time to time by paying the required fees to the registrar.
Timeline for Registration of a Trademark in India
| Trademark search
Drafting, filing, and uploading of the application with documents |
Instant service
2-3 working days |
| Formality check by the Trademark registry | 3-6 weeks |
| Reply to formality check. | Within 30 days from the date of issue of the notice |
| Examination Report | 10-15 working days |
| Reply to the examination report. | Within 30 days from the date of issue of the notice |
| Opposition to advertising | Within 4 months from the date of issue of the notice |
| Reply to opposition | Within 60 days from the date of issue of the notice |
| Filing of rejoinders | Within 60 days from the date of issue of the notice |
Cost of Trademark Registration
- For Individual Applicants, Startups, and Small Enterprises:
- ₹4,500 per class (online filing)
- ₹5,000 per class (physical filing)
- For Other Applicants (Companies, Organisations, etc.):
- ₹9,000 per class (online filing)
- ₹10,000 per class (physical filing)
Cost of Renewal of Trademark Registration
The trademark renewal fees are as follows:
- ₹4,500 per class (individuals and small entities, online filing)
- ₹9,000 per class (others, online filing)
| SERVICE | GOVERNMENT FEES | PROFESSIONAL FEES |
| Filing of trademark application |
|
Rs. 3000- Rs. 10,000 |
| Response to examination report | — | |
| Trademark hearings | — | Rs. 3000-Rs.5000 per hearing |
| Opposition | — | Rs. 10,000-Rs. 50,000 |
Rates may vary and are given for each application; seek professional help to know more.
Benefits of Trademark Registration
Registering your brand name in India offers several key benefits:
- By way of trademark filing, you have exclusive rights to use the mark, therefore banning illegal use by others.
- A registered brand suggests the quality and legality of your goods or services, therefore helping customers build trust and understanding.
- A unique trademark helps you to set your goods and services apart from rivals, therefore improving the knowledge and recall of your brand.
- Your recognised brand helps customers quickly determine the quality of your items or services.
- A registered brand is a useful intellectual property item that one may use for company growth and expansion.
How to Choose a Good Trademark Service Provider?
How Can We Help?
Our expert team will help you with end-to-end services from trademark search and handling oppositions to the registration of a mark. With the right guidance and planning, you can protect your brand name, and we offer competitive pricing to ensure that brand protection does not feel like a burden. Contact us today.
Frequently Asked Questions
1. What are the basic costs for trademark registration in India?
Government fees start at ₹4,500 per class for individuals and small enterprises and ₹9,000 for others. Professional fees can vary between ₹5,000 to ₹30,00
2. Can I register my trademark online?
Yes, it is always better to register online to avoid long queues, and it is comparatively cheaper.
3. How long does it take to register a trademark in India?
Trademark registration generally takes 6 to 12 months based on the type of objections, trademark hearings or oppositions.
4. What is a trademark journal?
A Trademark Journal is an official publication by the Trademark Registry in India, listing all trademarks that are accepted by the Registrar.
5. Can I file multiple applications for different classes?
Yes, you can file for multiple classes at once. However, each class requires a separate fee.
