Register your brand name, logo, or slogan as a trademark; valid for 10 years and renewable.
Jurisdiction
All of India (governed by the Trade Marks Act, 1999 and Trade Marks Rules, 2017; administered by the Office of the Controller General of Patents, Designs and Trade Marks, Ministry of Commerce and Industry)
Who applies
Individuals, startups, businesses, companies, partnerships, LLPs, NGOs, or any legal entity seeking to protect a brand name, logo, slogan, tagline, shape, colour combination, sound, or any distinctive mark used to identify goods or services in trade
Typical time
18–36 months from filing to final registration (examination: 3–6 months; examination report response: up to 6 months; journal publication and opposition period: 4 months; registration certificate: 1–3 months after opposition period); expedited examination available for an additional fee
Fee
₹4,500 per class for e-filing by individuals, startups, and small enterprises; ₹9,000 per class for e-filing by others (companies, large businesses); physical filing is ₹5,000 and ₹10,000 per class respectively; additional fees for expedited examination, opposition, renewal, etc.
| # | Document | Type needed | Purpose |
|---|---|---|---|
| 1 | TM-A application form (filed online via IP India portal) | Soft copy (PDF) | The primary application form for trademark registration filed online at ipindiaonline.gov.in; contains all details of the mark, the applicant, the goods/services, and the class |
| 2 | Clear representation of the trademark (JPG/PNG image for device marks) | Soft copy (PDF) | For logos, device marks, or any non-word mark, a high-resolution image (minimum 8 x 8 cm, maximum 40 x 40 cm, in JPEG format) of the mark must be uploaded with the application |
| 3 | Applicant's identity proof (PAN / Aadhaar / incorporation certificate) | Self-attested Copy | Proof of identity of the individual applicant; for companies and LLPs, the Certificate of Incorporation or Partnership Deed is required to establish the legal existence of the applicant |
| 4 | Power of Attorney (Form TM-48)(optional)Required when the application is filed through a trademark agent or legal professional; not required when the applicant files directly | Original | If the application is filed through a registered Trademark Agent or Advocate, Form TM-48 authorises the agent to act on behalf of the applicant; must be signed by the applicant |
| 5 | User affidavit with evidence of prior use(optional)Mandatory when the applicant claims prior use of the mark ('Proprietor of the trade mark'); optional for 'proposed to be used' applications | Original | If the mark has been in use before the application date, a user affidavit claiming the date of first use along with documentary evidence (invoices, packaging, advertisements) can strengthen the application and help overcome objections |
| 6 | MSME / Startup India registration certificate(optional)Required only to avail the 50% fee concession for startups and MSMEs; not required for large companies | Self-attested Copy | Individuals, startups registered with DPIIT, and MSMEs are entitled to a 50% reduction in trademark fees; the registration certificate must be submitted to claim this concession |
Original documents: Carry originals only for in-person visits — do not hand them over permanently unless explicitly required.
Before filing, conduct a comprehensive trademark search on the IP India public search tool at ipindiaonline.gov.in to check whether any identical or deceptively similar mark is already registered or pending in the same class. Search by word, phonetic similarity, and visual similarity for device marks. Also check common law rights — marks that may not be registered but are in established use. A clean search significantly improves the chances of successful registration. Consult a trademark agent or attorney if the search results are complex.
Identify the correct class or classes under the International Nice Classification (45 classes: Classes 1–34 for goods, Classes 35–45 for services) that cover the goods or services for which you intend to use the mark. For example, Class 25 covers clothing; Class 35 covers advertising and retail services; Class 42 covers technology and software services. Use the IP India Goods and Services search tool to confirm class selection. Filing in the correct class is critical — a mark registered in the wrong class does not protect against infringement in the right class.
Register or log in to the IP India Trademarks online filing portal at ipindiaonline.gov.in. Navigate to 'Trademark' > 'e-Filing'. Select Form TM-A for a new trademark application. Fill in: applicant details (name, address, nationality, constitution), mark details (word mark or device mark), class(es), description of goods/services, date of first use or 'proposed to be used', and upload the mark image (if device mark). Select whether to file as Individual/Startup/MSME (concessional fee) or 'Other than Individual'. Review all entries carefully before proceeding to payment.
Pay the prescribed filing fee online via net banking, debit card, credit card, or NEFT/RTGS. Fee: ₹4,500 per class for individuals/startups/MSMEs; ₹9,000 per class for others (e-filing rates). Opt for expedited examination (fee: ₹20,000 for individuals, ₹40,000 for others per class) if you need an examination report within 30 days instead of the standard 3–6 months. Upon successful payment, a TM application number is generated and an e-receipt is issued. Download and save the filing receipt — it shows the application number, filing date, and mark details.
The Trademark Registry assigns the application to an examiner who issues an Examination Report within 3–6 months (or 30 days for expedited). If there are no objections, the mark proceeds directly to publication. If the examiner raises objections (similarity to existing marks, descriptiveness, etc.), a show-cause hearing is scheduled. File a written response to the Examination Report addressing each objection within 30 days of the hearing notice. Attend the hearing before the Trademark Hearing Officer with evidence and arguments. If the response is convincing, the examiner accepts the mark for publication.
Accepted marks are published in the weekly Trademarks Journal, available at ipindiaonline.gov.in. After publication, there is a 4-month opposition period during which any person may file an opposition (Form TM-O) challenging the registration. If no opposition is filed within 4 months, the mark proceeds to registration. If an opposition is filed, both parties engage in opposition proceedings (evidence, arguments, hearings) before the Trademark Registry. Defending an opposition may take 6–24 additional months.
If no opposition is filed or if the opposition is decided in the applicant's favour, the Trademark Registry issues a Certificate of Registration (Form TM-R). Download the registration certificate from the IP India portal. The registration is valid for 10 years from the date of application and can be renewed indefinitely in 10-year blocks. Once registered, you can use the ® symbol with your mark.
Office of the Trade Marks Registry, CGPDTM, Ministry of Commerce and Industry
Step 5 — examining the application and issuing the Examination Report
Examines the TM-A application for compliance with the Trade Marks Act, 1999; checks for similarity with registered marks, descriptiveness, and other objections; issues the Examination Report and conducts the hearing if the applicant files a response.
Office of the Trade Marks Registry, CGPDTM, Ministry of Commerce and Industry
Step 5 (show-cause hearing) and Step 6 (opposition hearings)
Conducts formal hearings on examination objections and opposition proceedings; decides whether the mark should be accepted for registration or refused based on evidence and arguments presented by both parties.
Office of the Trade Marks Registry, CGPDTM, Ministry of Commerce and Industry
Steps 6–7 — publication of the mark in the Journal and issuance of the Certificate of Registration
The statutory authority under the Trade Marks Act, 1999 who approves or refuses trademark registration; oversees the entire examination and opposition process and issues the final Certificate of Registration.
Conduct prior trademark search, file TM-A application online, pay fees, track application status, view examination reports, and download registration certificates.
View the weekly Trademarks Journal where accepted marks are published for the 4-month opposition period; monitor competitor trademark applications.
The ™ symbol can be used as soon as you file the application to indicate a claim to the mark. The ® (Registered Trademark) symbol can only be used after the Certificate of Registration is granted. Using ® before registration is an offence under the Trade Marks Act and can invalidate your application.
A trademark is class-specific. Registering in Class 25 (clothing) does not protect the same mark in Class 35 (retail services). If your business operates across multiple classes, file in all relevant classes — even if it costs more upfront, it is far cheaper than an infringement dispute.
Under Section 47 of the Trade Marks Act, a registered trademark can be removed from the register if it has not been used in trade for a continuous period of five years after registration. Maintain evidence of commercial use — invoices, packaging, marketing material — dated after the registration date.
Registration is valid for 10 years from the filing date. Renewal (Form TM-R) must be filed within 6 months before the expiry date. A 6-month grace period exists after expiry, but late renewal attracts additional fees. Missing the grace period results in removal of the mark from the register.
Indian trademark registration protects the mark only within India. For international protection, file separately in each country or use the Madrid Protocol (WIPO) for multi-country filings via the IP India Madrid portal. Protecting your brand in key export markets requires separate filings.
The Registry examines marks for deceptive similarity — two marks that look different but sound similar (e.g., 'Cabury' vs 'Cadbury') may be treated as similar. A thorough pre-filing search must cover visual similarity, phonetic similarity, and conceptual similarity to avoid receiving a refusal after months of waiting.