- Trademark Registration
- Trademark Search & Clearance
- Trademark Objection & Examination Reply
- Trademark Opposition & Rectification
- Trademark Renewal & Portfolio Management
- Trademark Assignment & Licensing
- Copyright Registration
- Industrial Design Registration
- IP Infringement & Enforcement
- IP Licensing & Commercialisation
- Technology Transfer Agreements
- Brand Protection & IP Strategy
Trademark Registration
Trademark registration gives a business the exclusive right to use its brand name, logo or slogan in India for the goods or services it is registered for, and the right to act against anyone who uses a confusingly similar mark.
Applications are filed with the Trade Marks Registry under the Trade Marks Act, 1999. Each one is examined, advertised for opposition and then registered. It is usually needed by any business launching a brand, raising investment or entering a new market.
When you need it
Before a launch
A company, product or app name is about to go public, and the business wants to secure it before anyone else files for it.
Before investment or a sale
Investors and acquirers check who owns the brand. An unregistered mark, or one registered in a founder's personal name, comes up in due diligence.
When selling on marketplaces
Brand programmes run by online marketplaces commonly ask for a trademark application or registration.
After finding a similar name
Someone else is using, or has applied for, a similar mark, and the business needs to know where it stands.
When entering India from abroad
A foreign business wants protection in India, through a direct filing or through the Madrid Protocol.
How the process works
Six stages, from search to certificate. Timings are typical, not promised.
- 1
Search and clearance
Usually a few working daysSearch the Trade Marks Registry for identical and similar marks in the relevant classes, and check how similar names are used in the market. The result is a written view on how likely the mark is to meet an objection or an opposition.
Documents
- The mark (word or logo)
- A description of the goods or services
- 2
Classes and specification
Alongside the searchChoose the classes to file in and draft the description of goods and services. A specification that is too narrow leaves gaps in protection; one that is too broad invites objections and oppositions.
- 3
Filing the application
Same dayThe application is filed online with the Registry on Form TM-A. It receives an application number and filing date at once, and from then the ™ symbol can be used with the mark.
Documents
- Applicant's name, address and legal status (individual, company, LLP or partnership)
- A clear image of the logo, if the mark is not just a word
- Date of first use in India, if the mark is already in use, with a user affidavit and supporting evidence
- Form TM-48, authorising the advocate to file
- DPIIT recognition or Udyam registration certificate, to claim the lower official fee
- 4
Examination
Commonly within a few months of filing; one month to reply to a reportAn examiner checks the application against the Act and against earlier marks, then accepts it or issues an examination report. A reply to the report is due within one month; if the examiner is not persuaded, the application is listed for a hearing.
- 5
Advertisement and opposition
Four months from advertisementOnce accepted, the mark is published in the Trade Marks Journal. For four months from publication, anyone may file an opposition to its registration.
- 6
Registration
After the opposition period, or once an opposition is decidedIf no opposition is filed, or an opposition is decided in the applicant’s favour, the mark is registered and a certificate is issued. Registration lasts ten years from the date of application and can be renewed indefinitely.
Common questions
An application that meets no objection and no opposition can be registered in well under a year from filing. An examination objection, a hearing or an opposition extends this, sometimes to two years or more. The four-month opposition period after advertisement is fixed.
No. The ® symbol can be used only once the mark is registered. While the application is pending, use the ™ symbol. Falsely representing a mark as registered is an offence under Section 107 of the Trade Marks Act, 1999.
The official fee for an online application is ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 per class for other applicants, under the Trade Marks Rules, 2017. Professional fees for search, drafting and prosecution are separate.
Goods and services are divided into 45 classes. An application should cover the classes the business trades in now and those it realistically plans to enter. Each class carries its own official fee, so the specification is a balance between cover and cost.
The examiner issues an examination report setting out the objection, most often that the mark is descriptive or similar to an earlier mark. A written reply, with evidence where useful, is due within one month. If the examiner is not persuaded, the application is listed for a hearing.
No. An application can be filed on a "proposed to be used" basis. If the mark is already in use, claiming the date of first use can help in a later dispute, and the claim must be supported by a user affidavit and evidence.
Yes. A foreign business can file directly in India with an address for service in India, or designate India in an international application under the Madrid Protocol. Either way, the application is examined under Indian law.
Ten years from the date of application, renewable for further ten-year periods without limit. A renewal can be filed in the year before the registration expires.
Related
To discuss a trademark, write to info@ireniclegal.com or call +91 96547 47331. Written by Adv. Kanika Marwaha Bindal; last updated 22 September 2026.