How do I register a trademark in India?

By the India Law Simplified editorial team · Verified against the bare Acts & official portals · Updated 2026-08-18 · ~8 min read

⚡ Quick answer

To register a trademark in India, first do a public search to check the name/logo is available, then file Form TM-A online with the Trade Marks Registry under the relevant class(es) of goods or services (the official fee is roughly ₹4,500–₹9,000 per class). Once filed, you can use the ™ symbol; after the Registry examines it, it's published in the journal, and if unopposed, registered — after which you can use the ® symbol. A registered trademark lasts 10 years and is renewable indefinitely.

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Your brand name and logo are often your most valuable business assets — a trademark is what legally protects them from being copied. Registering one in India is a structured, mostly online process, but it has stages that can take time and where mistakes are costly. This guide walks you through the whole journey: searching, filing, the classes, the ™ vs ® symbols, and how long it takes.

1Step 1: search before you file

Before filing, search the IP India trademark database to check whether an identical or similar mark already exists in your class. Filing a mark that conflicts with an existing one almost guarantees an objection or opposition — wasting your fee and months of time. A clean, distinctive name clears far more smoothly.

2Step 2: choose the right class

Trademarks are registered under a system of 45 'classes' — categories of goods and services. You file under the class(es) that match what you sell:

Goods fall under classes 1–34; services under classes 35–45
You can file in multiple classes if your business spans them (each class has its own fee)
Choosing the wrong class can leave your actual products unprotected

⚠️ ImportantFiling fees are concessional for individuals, startups (with DPIIT recognition) and small enterprises — roughly ₹4,500 per class online, versus ₹9,000 for larger companies.

3Step 3: the registration journey

After filing Form TM-A, the application moves through several stages:

Filing — you submit the mark, applicant details and class(es); you can start using ™ now
Examination — the Registry examines it and may raise an objection, which you reply to
Publication — the mark is published in the Trade Marks Journal for 4 months for anyone to oppose
Opposition (if any) — a hearing process if someone objects
Registration — if unopposed and cleared, the mark is registered and you can use ®

4™ vs ® and validity

The two symbols mean different things:

™ — can be used as soon as you file (or even claim) a trademark; it signals you're claiming rights
® — can be used ONLY after the mark is registered; using it before registration is not allowed
A registered trademark is valid for 10 years and can be renewed indefinitely in 10-year blocks

💡 ExampleA new D2C brand files TM-A for its name and logo in class 25 (clothing). It immediately starts using 'BrandName™' on its products and packaging, which deters copycats and establishes priority. About 14 months later, after examination and unopposed publication, the mark is registered and it switches to 'BrandName®'.

5The examination report, and how to answer it

Almost every application draws an examination report, so receiving one is not a setback — failing to answer it is.

The report raises objections, usually that the mark is descriptive or non-distinctive under section 9, or that it conflicts with an earlier mark under section 11. A reply must be filed within thirty days, setting out why the mark is registrable and, where the objection is distinctiveness, evidence of use.

If the reply does not satisfy the examiner, the application goes to a show-cause hearing. An application abandoned for want of a reply cannot be revived by filing again later without losing the original filing date, which is often the most valuable thing you have.

6Publication and the four-month opposition window

Once the objections are cleared, the mark is advertised in the Trade Marks Journal, and a public window opens.

Any person may oppose within four months of advertisement. If they do, you must file a counter-statement within two months of receiving the notice, failing which the application is deemed abandoned. Evidence and a hearing follow.

Most applications are not opposed and proceed to registration after the four months lapse. Where opposition is filed, it typically adds a year or more, which is the main reason the overall timeline is quoted as a range rather than a figure.

7Renewal, and losing a mark you stopped using

Registration lasts ten years from the date of application and is renewable indefinitely, but it is not unconditional.

Renewal is by Form TM-R, and can be filed within six months before expiry. A late renewal is possible within six months after expiry on payment of a surcharge, and beyond that the mark can be restored within a year, at the Registrar's discretion.

Separately, a registered mark can be removed on an application for rectification if it has not been used in good faith for a continuous period of five years and three months. A trademark is a right to use, not a right to reserve.

✅ TipKeep dated evidence of use — invoices, packaging, advertising — from the beginning. It answers both a distinctiveness objection and a non-use challenge, and it cannot be created retrospectively.

8What a registration does not stop

Registration is a strong right, but it is not the only one, and it does not clear the field of everyone who came before you.

Section 34 protects the prior user: the proprietor of a registered mark cannot interfere with someone who has been continuously using an identical or similar mark from a date earlier than the registrant's use or registration. A business that traded under a name for years without registering can therefore defeat a later registrant in its own territory.

The reverse also holds. An unregistered mark with genuine goodwill can be protected through a passing-off action even without registration — harder and more expensive to run than an infringement suit, but available.

✅ TipThis is why the search before filing matters as much as the filing. A clean trade mark register does not mean nobody is already using the name; check the market and the company register too.

Key takeaways

Search the IP India database first to avoid conflicts and objections.
File Form TM-A online under the correct class(es); fee is ~₹4,500/class (concessional) to ₹9,000.
Use ™ as soon as you file; use ® only after registration.
The process — filing, examination, publication, registration — usually takes 12–24 months.
A registered trademark lasts 10 years and is renewable indefinitely.

Frequently asked questions

How long does trademark registration take in India?

If there are no objections or oppositions, registration typically takes 12–24 months. You can use ™ immediately on filing, which already gives you priority over later applicants.

What is the difference between ™ and ®?

™ can be used as soon as you file (or claim) a trademark; ® can be used only after the mark is officially registered. Using ® on an unregistered mark is not permitted.

How much does trademark registration cost?

The government fee is around ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 per class for larger companies. You pay per class, so a multi-class application costs more.

What are trademark classes?

Goods and services are divided into 45 classes. You register your mark under the class(es) matching your business — e.g. class 25 for clothing, class 9 for software. Picking the wrong class can leave your products unprotected.

I received an examination report. Has my application been rejected?

No. Almost every application draws one. It raises objections — usually that the mark is descriptive under section 9, or conflicts with an earlier mark under section 11 — and you have thirty days to reply, with evidence of use where distinctiveness is questioned. Failing to reply is what causes an application to be abandoned.

What is the opposition period?

Four months from the date the mark is advertised in the Trade Marks Journal, during which any person can oppose. If opposed, you must file a counter-statement within two months of receiving notice or the application is deemed abandoned. Most applications are not opposed and proceed once the four months lapse.

Can I lose a trademark I have already registered?

Yes. A registered mark can be removed on a rectification application if it has not been used in good faith for a continuous period of five years and three months. Registration gives a right to use, not a right to reserve a name you never intend to trade under.

What if I miss the renewal date?

Renewal is due every ten years and can be filed six months before expiry. A late renewal is allowed within six months after expiry with a surcharge. Beyond that the mark can be restored within a year at the Registrar's discretion, which is a discretion you would rather not depend on.

Can I file before I actually start using the brand?

Yes. An application can be filed on a proposed-to-be-used basis, and the filing date is what fixes your priority against later applicants. But the mark becomes vulnerable to a non-use challenge if you never begin trading under it, so it is not a way to park names indefinitely.