In short: search first to make sure the name or logo is not already taken, choose the right class of goods or services, and file Form TM-A online. You can use the ™ symbol from filing, and ® only after registration. Registration lasts ten years and can be renewed indefinitely.
The steps
- Search the Trade Marks Registry database for identical or similar marks in your class.
- Choose the class (there are 45 classes of goods and services) and describe your goods or services clearly.
- File Form TM-A online with the mark, the applicant's details, the class, and the date from which the mark has been used (or "proposed to be used").
- Examination: the Registry examines the application and may raise objections, for example that the mark is descriptive or similar to an existing one. A written reply is due within one month, and a hearing may follow.
- Publication in the Trade Marks Journal. Anyone can oppose within four months.
- Registration if there is no opposition, or after the opposition is decided.
Government fees
For e-filing, the official fee per class is ₹4,500 for individuals, startups and small enterprises, and ₹9,000 for others (₹5,000 and ₹10,000 for physical filing). Professional fees are separate. Check the current fee schedule on the IP India website before filing.
How long it takes
Without objection or opposition, registration commonly takes several months to a year or more. Objections and oppositions add time. Your rights date back to the filing date.
Questions people ask
How do I register a trademark in India?
Search for conflicts, choose the class, and file Form TM-A online with the IP India portal. Then respond to any examination objection, wait out the four-month opposition period after publication, and the mark is registered.
What is the fee for trademark registration?
For e-filing, ₹4,500 per class for individuals, startups and small businesses, and ₹9,000 per class for others, plus professional fees.
Can I use ® after filing?
No. You may use ™ once you have applied. ® is only for registered marks, and misusing it is an offence.
How long is a trademark valid?
Ten years from the date of application, renewable every ten years without limit.
What happens if my trademark gets an objection?
You file a written reply, usually within a month, explaining why the mark is distinctive or not confusingly similar. If the examiner is not satisfied, a hearing is fixed.
Someone is using my brand name. What can I do?
Send a cease-and-desist notice, oppose their application if it is published, and file a suit for infringement or passing off with a request for an injunction.
Want to protect your brand?
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Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.