Trademark Registration in India: Process, Documents and Fees

A trademark is what lets customers tell your goods or services apart from everyone else's — a name, a logo, a tagline, a packaging shape, even a sound. In India it is governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, and it is administered by the Controller General of Patents, Designs and Trade Marks through the trade marks registry offices at Mumbai, Delhi, Kolkata, Chennai and Ahmedabad.

You are not legally required to register a mark. Section 27 of the Act preserves the common-law action of passing off for unregistered marks. But registration under Section 28 gives you an exclusive statutory right across India, the ability to sue for infringement rather than prove reputation from scratch, and the ® symbol. Registration takes anywhere from about eight months to two years depending on whether the application is objected to or opposed.

Step 1 — Search before you file

Run a public search on the registry's trade mark search facility for identical and deceptively similar marks in your class, and check the MCA company-name database and common web usage. Section 11 lets the Registrar refuse a mark that is likely to cause confusion with an earlier mark, so a conflict found before filing costs you nothing while the same conflict found after filing costs you the fee and the priority date.

Also test the mark against Section 9. Marks that are purely descriptive of the goods, that are generic, or that have become customary in the trade are refused as lacking distinctiveness unless you can prove acquired distinctiveness through use.

Step 2 — Pick the right class or classes

India follows the NICE classification: classes 1 to 34 cover goods and classes 35 to 45 cover services. A single application can cover multiple classes, but the fee is charged per class per applicant, so filing in classes you do not actually trade in is money spent for nothing.

Describe your specification of goods or services precisely. An over-broad specification invites objection and gives an opponent an easier target.

Step 3 — File form TM-A

• Applicant details — name, address, nationality, and legal status (individual, partnership, LLP, company, trust, society).
• Representation of the mark — a clear image of the wordmark, logo or device.
• Class and specification of goods or services.
• Date of first use, if the mark is already in use. Claiming prior use needs an affidavit of use supported by dated invoices, advertisements, packaging or sales figures. If not yet used, file on a 'proposed to be used' basis.
• Power of attorney in form TM-48 if you are filing through an agent or attorney.
• Udyam / MSME registration certificate or startup recognition certificate, if you want the reduced fee.

Government fees

Under the Trade Marks Rules, 2017 the government fee for a TM-A application is ₹4,500 per class per applicant when filed online by an individual, startup, small enterprise or sole proprietor, and ₹9,000 per class when filed online by any other applicant such as a company or LLP. Physical filing is charged at ₹5,000 and ₹10,000 respectively. Opposition (TM-O) is ₹2,700 online, and renewal (TM-R) is ₹9,000 per class online.

These are statutory fees only and do not include professional charges. Verify current figures on the registry's fee schedule before you pay, since the Rules are amended from time to time.

Step 4 — Examination, objection and reply

The registry issues an examination report, usually within a few months, raising objections under Section 9 (absolute grounds — descriptiveness, lack of distinctiveness) or Section 11 (relative grounds — conflict with an earlier mark), or both. You have 30 days from receipt to file a reply with evidence and legal submissions.

If the reply does not satisfy the examiner, the matter goes to a show-cause hearing. Missing the 30-day window is the single most common reason applications are treated as abandoned under Section 132.

Step 5 — Publication and opposition

Once accepted, the mark is advertised in the Trade Marks Journal. Any person may oppose it within four months of the date of advertisement under Section 21. Opposition runs through a notice of opposition, your counter-statement within two months, evidence by affidavit on both sides, and a hearing.

If no one opposes, or the opposition fails, the registry issues the registration certificate. Registration is valid for ten years from the date of application under Section 25 and is renewable indefinitely in ten-year blocks.

After registration — keeping the mark alive

• Renew every ten years via TM-R. A late renewal is possible with a surcharge within six months of expiry, and restoration is possible for a further period.
• Use the mark. A registered mark can be removed for non-use under Section 47 if it has not been used for a continuous period of five years and three months.
• Use the ® symbol only after registration. Using it before grant is a false representation punishable under Section 107; use ™ while the application is pending.
• Record assignments and licences with the registry, and act on infringements — a mark defended is a mark that stays strong.

Frequently asked questions

How much does it cost to register a trademark in India?

The government fee is ₹4,500 per class for an individual, sole proprietor, startup or small enterprise filing online, and ₹9,000 per class for other applicants such as companies and LLPs. Professional fees are separate.

How long does trademark registration take in India?

An unopposed application typically takes about eight to eighteen months from filing to certificate. An objection or an opposition can extend that to two years or more.

Can I use the TM symbol before registration?

Yes. ™ may be used from the moment you file or start using the mark. ® may only be used after the certificate of registration is granted — using it earlier is an offence under Section 107 of the Trade Marks Act, 1999.

Is trademark registration compulsory in India?

No. An unregistered mark can still be protected through a passing-off action preserved by Section 27, but you must prove reputation, misrepresentation and damage. Registration under Section 28 gives you an exclusive statutory right instead.

How long is a registered trademark valid?

Ten years from the date of application, renewable indefinitely in ten-year terms under Section 25 of the Trade Marks Act, 1999.