Trademark Registration in India

What is Trademark Registration (IP India)?

A trademark is a sign that can be represented graphically and distinguishes your goods or services from others'. It can be a word, name, letters, numerals, logo, device, colour combination, shape of goods or packaging, or a sound. Registration with the Trade Marks Registry (IP India) under the Trade Marks Act, 1999 gives you exclusive rights to use the mark for the goods or services it is registered for, in one or more of the 45 Nice classes (1-34 goods, 35-45 services). A registration is valid for 10 years from the application date and can be renewed indefinitely for further 10-year periods.

Valid for 10 years from the date of application and renewable indefinitely for further 10-year periods with Form TM-R. Renewal fee per class is Rs 9,000 (e-filing) or Rs 10,000 (physical). Late renewal with surcharge costs Rs 4,500 e-filing plus the renewal fee. Restoration and renewal costs Rs 9,000 e-filing plus the renewal fee.

(TM) can be used on any mark you claim, including one pending registration. (R) may be used only after the mark is registered and only for the registered goods and services. Falsely representing a mark as registered is an offence under the Trade Marks Act, 1999.

Who should apply

• Startups, D2C and e-commerce brands
• Manufacturers and traders selling under their own brand name or logo
• Service businesses: restaurants, salons, clinics, consultancies, IT and software firms
• Individuals, professionals and influencers building a personal brand
• Franchisors, and companies planning to license their brand
• Businesses expanding to new products or classes, or planning to export

Benefits

What can be registered

Documents required

• Applicant's name, address and nationality. For companies and firms, the legal entity details.
• Trademark representation: the word mark, or a clear logo image (JPG) for device marks
• List or description of goods and services, and the class(es)
• Date of first use in India, if the mark is already in use, with a user affidavit and supporting evidence (invoices, ads, website screenshots). Otherwise it is filed as 'proposed to be used'.
• Form TM-48 / Power of Attorney authorising the trademark agent or advocate who files for you (we arrange this)
• Udyam/MSME certificate for a small enterprise, or DPIIT recognition for a startup, to claim the lower individual/startup/small-enterprise fee
• PAN / ID and address proof of applicant (for KYC)
• Partnership deed or incorporation certificate, where applicable

How we get it done

1. 1
   Trademark search: we search the IP India public search for identical and similar marks in the relevant classes and give you a risk opinion.
2. 2
   Class selection: we map your goods and services to the correct Nice classes and draft the specification.
3. 3
   Documents: we prepare the Power of Attorney, user affidavit (if claiming use) and MSME/startup declaration.
4. 4
   Filing TM-A: we e-file Form TM-A on IP India with the official fee. You get an application number the same day and can start using the (TM) symbol.
5. 5
   Formality check and Vienna codification (for logos): we cure any deficiency the Registry raises.
6. 6
   Examination: the Registry examines the mark on absolute (Sec. 9) and relative (Sec. 11) grounds. If an Examination Report is issued, we draft and file the reply within the deadline, usually one month.
7. 7
   Show-cause hearing (if required): our attorney represents you at the virtual hearing.
8. 8
   Publication: the accepted mark is published in the Trade Marks Journal, open to opposition for 4 months.
9. 9
   Opposition (if any): we file the counter-statement (TM-O) and handle evidence. The TM-O fee is Rs 2,700 e-filing per class and is extra.
10. 10
    Registration: if there is no opposition, or you succeed in one, the mark is registered, the certificate is issued and you may use (R).
11. 11
    Renewal: we remind you and file TM-R before the 10-year expiry.

Typical timeline: You get an application number and can use (TM) the same day as e-filing. Journal publication is followed by a 4-month opposition window (IP India). With no objection or opposition, registration typically takes about 6-12 months. If there is an objection, hearing or opposition it can take 1-2 years or more. IP India does not publish a guaranteed end-to-end timeline, so treat these as realistic estimates, not official figures.

Fees

Official fee is per mark per class. For example, a startup filing one word mark in 2 classes pays Rs 9,000 (2 x Rs 4,500) by e-filing. The lower fee is for individuals, startups (DPIIT-recognised) and small enterprises (per MSMED Act / Udyam), and a supporting declaration or certificate is needed. Source: IP India 'Forms & Official Fees', First Schedule, Trade Marks Rules 2017, accessed 2026-09-28. The page shows no later amendment date. Government fees are paid to the authority at actuals, over and above our fee. Fees last checked: 28 Sep 2026 (official sources).

Frequently asked questions