Register your trademark under the Trade Marks Act, 1999 and secure exclusive legal rights over your brand name, logo, and business identity across India.
A trademark is any unique symbol, word, phrase, logo, design, or combination thereof that distinguishes the goods or services of one business from others. Governed by the Trade Marks Act, 1999, it is a fundamental form of intellectual property granting exclusive rights to its owner in India.
Prevents others from using identical or deceptively similar marks for the same class of goods or services in India.
Your registered trademark becomes a legally recognized identifier that distinguishes your brand in the marketplace.
A registered trademark is a recognized intangible asset that can be licensed, franchised, or assigned to generate revenue.
Once registered, you hold the exclusive right to use your trademark for the specified goods or services. No entity can legally use it or a deceptively similar mark within the same class.
Upon successful registration, you earn the legal right to display the ® symbol alongside your trademark, publicly declaring ownership and reinforcing brand credibility.
Unlike patents, a trademark can be renewed indefinitely every 10 years — providing perpetual legal protection as long as it continues to be used and renewed on time.
A trademark is a recognized intangible asset for accounting and tax purposes. It can be licensed, assigned, or franchised — creating additional revenue streams for your business.
A registered trademark builds trust and promotes quality assurance. It creates long-term customer loyalty and protects your business reputation from misuse by competitors.
Your Indian trademark can serve as a basis for international protection under the Madrid Protocol, covering 122+ countries through a single consolidated application.
A registered trademark empowers you to take legal action and claim damages in court against any party that copies or misuses your mark without permission.
Investors look for registered trademarks as proof of legitimacy. It also enables registration on GeM (Government e-Marketplace) for government contract eligibility.
Any individual, company, LLP, or legal entity engaged or proposing to engage in trade or commerce can apply in India. Foreign nationals and foreign entities may also apply.
Filed in the individual's own name. Can apply even without active commercial activity at the time of filing.
Application must include names of all partners (max 10). Filed in partners' names, not the firm's registered name.
Application in the registered business name. Requires PAN, incorporation certificate and authorized signatory.
Must apply under the name registered abroad, indicating country of origin and applicable governing law.
Application on behalf of the Trust or Society. Controlling trustee, chairperson or secretary must be identified.
Application must include all co-owners' names. Joint owners collectively hold the trademark rights.
A trademark consisting solely of words, letters or numerals. Protects the text element regardless of font or style.
Protects logos, symbols or pictorial elements. Example: Nike's swoosh, Apple's bitten apple. Filed with a JPEG image.
A combination of words and a logo/device together. Provides broader protection covering both textual and graphic elements.
Used on physical goods and products to identify their origin. Covers trademark classes 1–34 under the Nice Classification.
Identifies services rather than physical products. Covers trademark classes 35–45 under the Nice Classification system.
Registered in the name of an association for use by its members to indicate membership or shared quality characteristics.
Indicates goods or services meet a defined quality standard. Example: ISI Mark, Hallmark, Agmark, Woolmark.
Protects distinctive sounds, three-dimensional product shapes, or specific color combinations as brand identifiers.
The registration process follows a structured sequence governed by the Trade Marks Act, 1999 and Trade Mark Rules, 2017.
Conduct a thorough search on the IP India database to check for identical or similar existing trademarks. This critical first step confirms availability, avoids conflicts, and significantly reduces the risk of rejection or opposition at a later stage.
Submit Form TM-A online via the IP India portal or offline at the Trade Marks Registry. The application includes applicant details, trademark class, trademark image or wordmark, date of first use, and payment of the prescribed government fee.
Upon filing, a unique application number is issued. From this point, you are legally permitted to display the ™ (TM) symbol alongside your brand name or logo while the application is pending.
For logo or device marks, figurative elements are classified under the Vienna Classification system. This step categorizes the artistic and graphical components of the trademark for systematic management by the Trade Marks Registry.
A Trademark Examiner reviews the application for compliance with the Act. Objections may be raised if the mark lacks distinctiveness, is deceptively similar to an existing mark, or is prohibited under the Trade Marks Act, 1999.
If an examination report raises objections, you must file a response within 30 days with clarifications, supporting arguments, or evidence. Failure to respond leads to abandonment of the trademark application.
Once cleared by the Examiner, the trademark is published in the official Trademark Journal. This opens a 90-day window during which any third party may file a Notice of Opposition to challenge the registration.
If a third party files opposition within the 90-day period, both parties present evidence and arguments. The Registrar of Trade Marks conducts a hearing and makes a final decision based on the submissions.
If no opposition is raised — or opposition is overruled — a Registration Certificate bearing the seal of the Trade Marks Office is issued. You are now entitled to use the ® symbol and enjoy full legal protections under the Trade Marks Act, 1999.
Fees are determined by applicant type and mode of filing. Startups and small enterprises enjoy a 50% concession on government fees. All fees are non-refundable.
| Applicant Type | E-Filing (per class) | Physical Filing (per class) |
|---|---|---|
| Individual / Sole Proprietor | ₹4,500 | ₹5,000 |
| Startup (DPIIT Recognized) | ₹4,500 | ₹5,000 |
| MSME / Udyam Registered Entity | ₹4,500 | ₹5,000 |
| Company / LLP / Partnership Firm | ₹9,000 | ₹10,000 |
| Trademark Renewal (all entities) | ₹9,000 – ₹10,000 | Per class, every 10 years |
| Notice of Opposition (per class) | ₹2,700 | — |
* Government fees only under the Trade Marks Rules, 2017. Professional / attorney fees are separate and not included.
A registered trademark in India is valid for 10 years from the date of filing. It can be renewed indefinitely for further periods of 10 years, providing perpetual protection as long as it is renewed on time and continues to be used in commerce.
The ™ symbol can be used as soon as your trademark application is filed and an acknowledgment number received. It indicates a claim to trademark rights, not actual registration. The ® symbol can only be used after the trademark is fully registered by the Trade Marks Registry. Using ® before registration is a legal offence under Indian law.
The complete process typically takes 18 to 24 months, depending on whether objections or oppositions are raised. Your acknowledgment number — permitting use of ™ — is typically received within 1–2 business days of e-filing.
Yes. A trademark application can be filed as a wordmark — protecting only the brand name in plain text — without any logo. If you also have a specific logo, filing a device/logo mark separately provides comprehensive protection.
After publication in the Trademark Journal, any third party has 90 days to file a Notice of Opposition. If filed, both parties submit evidence and attend a hearing before the Registrar. The Registrar makes a final decision. If the opposition fails or no opposition is filed, the trademark proceeds to registration.
No. An Indian trademark is valid only within India. For international protection, you can file under the Madrid Protocol — a single application covering 122+ member countries. Your Indian registration or pending application serves as the basis for international filing.
Common grounds include: being identical or deceptively similar to an existing registered trademark; being merely descriptive or generic; containing offensive or misleading content; consisting solely of geographic names or common trade terms; or being a well-known third-party mark. A thorough trademark search before filing significantly reduces rejection risk.
Take the first step towards securing your trademark. Our experienced legal team will guide you through every stage of the process — from search to registration certificate.