Trademark Registration in India — Search, Classes, ₹4,500 Filing and the TM-to-® Journey
A trademark protects your brand name/logo nationally: search the register first (free on the IP India portal), file TM-A in the right class(es) — government fee ₹4,500 per class for individuals/small enterprises (₹9,000 otherwise) — use ™ immediately, answer any examination objection, and if unopposed, registration (®) arrives in roughly 8–18 months. Registration lasts 10 years, renewable forever, and unlocks infringement remedies.
Statutory deadlines
- Day 0 — Public search before adopting (ipindia.gov.in free search)
- 30 days — Examination report reply (from the report — miss it, application abandons)
- 4 months — Opposition window (from journal publication)
- Every 10 years — Renewal (from registration date)
Step-by-step: what to do
- 1
Search first, adopt second
The free public search saves rebrands and rejections.
See details
Run the IP India public search (wordmark + phonetic) in your class(es) — the Nice classification's 45 classes group goods/services (e.g. 25 clothing, 35 retail/ads, 41 education, 42 software services). Identical/similar marks in your class = choose again now, not after printing packaging. Distinctiveness wins: coined words (invented names) register easily; descriptive terms ("Best Quality Foods") fight objections for years.
- 2
File TM-A — correctly classed and owned
₹4,500/class for individuals, startups, small enterprises.
See details
We do this for you — ₹299File TM-A online (IP India e-filing): mark (word/logo/both — a wordmark protects the name across styling), owner (individual/firm/company — with Udyam/Startup recognition the fee is ₹4,500 per class; ₹9,000 otherwise), class(es), goods/services description, and user date (since-when use, with evidence — or "proposed to be used"). Use ™ from filing day. Multi-class strategy and specification drafting are where professional help pays — mis-classed filings protect the wrong thing.
- 3
Examination, publication, opposition
Objections are normal — answer them in 30 days, always.
See details
The examiner may object (Section 9 descriptiveness / Section 11 similarity) — a reasoned reply within 30 days (with evidence of use/distinctiveness) resolves most; hearings follow where needed. Accepted marks publish in the TM Journal; third parties get 4 months to oppose — oppositions are contested mini-proceedings (advocate territory). Unopposed = registration certificate, and you graduate from ™ to ®. Track status on the portal; abandonment for missed deadlines is the #1 avoidable death.
- 4
Use it, renew it, enforce it
10-year cycles; infringement suits and cease-and-desists.
See details
Registration gives the exclusive right to the mark in your classes: infringement suits (injunctions, damages, seizures) plus criminal provisions against counterfeiting; even pre-registration, passing-off protects established goodwill. Enforce early — an advocate's cease-and-desist (₹999) stops most small copycats. Renew every 10 years (₹9,000/class online); non-use for 5+ years invites removal. Register the domain and social handles the same week you file — brand protection is a bundle.
Costs & what to expect
- ₹4,500/class
Government fee (TM-A)
Individuals/startups/small enterprises; ₹9,000 others
- ₹1,500–5,000+
Professional drafting/response help
Filing + examination reply, market rates
- ₹999
Cease-and-desist to a copycat
WakilBhai advocate notice
- ₹9,000/class
Renewal (10-yearly)
Online, with surcharge windows if late
Filing yourself is legal and the portal works — but specification drafting, objection replies and oppositions reward experience; budget help where the brand is worth defending.
Free formats for this problem
Frequently asked questions
Can I use ™ without any registration?
Yes — ™ merely asserts a claim and needs no filing (though it is customarily used from application). ® is reserved for registered marks; using ® without registration is an offence. The real protection ladder: use builds passing-off rights; registration adds statutory exclusivity and easier enforcement.
How long does registration actually take?
Smooth applications (no objection/opposition): commonly 8–12 months now. With an examination objection: add months around the reply/hearing. With opposition: 1–3+ years of contest. Your ™ use and priority date are protected from filing throughout — file early, sell meanwhile.
Which class should a small online business file in?
The class(es) covering what you actually sell — goods classes for products (e.g. 25 apparel, 30 foods) and often 35 (retail/e-commerce services) alongside; software/apps typically 9 and/or 42. Multi-class filings cost per class — cover today's core + the 2-year roadmap, not all 45.
Someone is using my registered brand name on Instagram. What do I do?
Stack the remedies: platform IP-infringement report (registrations get fast takedowns), the ₹999 cease-and-desist, and an infringement suit with interim injunction for persistent offenders — courts grant these readily on a registration certificate. Preserve screenshots and their sales evidence first.
My application was objected under Section 11 citing a similar mark. Is it over?
No — Section 11 objections are answered by distinguishing the marks/goods, coexistence evidence, or consent from the cited owner; a large share clear at reply or hearing stage. What kills applications is silence: the 30-day reply window missed = abandoned. Calendar it and respond.
Related guides
Founders' Agreement for Startups — Equity Split, Vesting and Exit Clauses That Matter
A founders' agreement fixes what co-founders fight about: equity split, vesting (typically 4 years with a 1-year clif…
Privacy Policy and Terms & Conditions for Your Website — What Indian Law Requires
Any website or app collecting user data in India needs a privacy policy — the IT Act's SPDI Rules require one, and th…
This page explains the typical legal process for general information only. It is not legal advice. For advice on your specific situation, consult a qualified advocate.