Trademark Registration in India — Protect Your Brand Name and Logo

Your brand is an asset — register it before someone else does

Trademark registration in India under the Trade Marks Act, 1999. Trademark search, class selection, TM application filing, examination reply, and registration follow-through.

• 45 — Trademark classes under the Nice Classification
• 10 yrs — Validity of a registered trademark, renewable indefinitely
• TM-A — The application form filed with the Trade Marks Registry

Your business name, logo, and tagline are among your most valuable assets — yet they remain legally unprotected until you register them as trademarks. In India, trademark rights are largely built on registration under the Trade Marks Act, 1999: a registered trademark gives you the exclusive right to use the mark for your goods or services, the right to use the ® symbol, and a clear legal basis to stop copycats. The registration process involves more judgement than most founders expect — choosing the right class (or classes) out of 45, running a proper availability search across identical and deceptively similar marks, drafting the goods/services description, and responding to examination objections that are raised against a large share of applications. We manage the entire journey: search, filing, examination reply, and follow-through until the registration certificate is issued.

Related service: Corporate and Governance Documentation

Key Points to Understand

• Proper Search Before Filing: Most avoidable objections come from filing without a rigorous search. We check identical and deceptively similar marks — including phonetic similarity — across your relevant classes on the IP India database before you commit to a name or file anything.
• Correct Class Selection: Goods and services are divided into 45 classes (34 for goods, 11 for services). Filing in the wrong class gives you protection you don't need and leaves your real business exposed. We map your current and planned activities to the right class combination.
• Examination Objection Handling: Objections under Section 9 (descriptiveness/distinctiveness) and Section 11 (similarity with existing marks) are common. A well-drafted reply with supporting evidence and precedent is usually the difference between acceptance and abandonment.
• ™ from Day One, ® on Registration: You can use the ™ symbol as soon as the application is filed — signalling your claim to the market. The ® symbol is legally permitted only after the registration certificate is issued.
• Startup and MSME Fee Concession: The government fee for e-filing is lower for individuals, startups (DPIIT-recognised), and small enterprises than for other companies — per class, per application. We structure the filing so you pay the correct concessional fee where eligible.
• Monitoring Through to Certificate: A trademark application passes through multiple statuses — Formalities Check, Marked for Exam, Objected, Accepted & Advertised, Opposed, Registered. We track the status and act at each stage so the application doesn't lapse for want of a response.

How It Works

1. Trademark Search: Availability check on the IP India database for identical and deceptively similar marks in your classes — the single biggest factor in avoiding objections and oppositions.
2. Class and Description Finalisation: Selecting the correct class(es) out of 45 under the Nice Classification and drafting the goods/services description to match your actual and planned business.
3. TM-A Application Filing: Filing the application online with the Trade Marks Registry with applicant details, mark representation, and user claim (proposed to be used, or with a prior-use date and affidavit).
4. Examination and Reply: The Registry examines the application and frequently issues an examination report with objections under Sections 9 or 11. We draft and file the reply, and represent the case at a show-cause hearing if listed.
5. Journal Publication and Opposition Window: Accepted marks are published in the Trade Marks Journal and remain open to third-party opposition for 4 months from publication.
6. Registration Certificate: If no opposition is filed (or it is resolved in your favour), the registration certificate is issued and you can use the ® symbol. Registration is valid for 10 years and renewable.

Who This Is For

• Startups and New Brands: Founders who want the brand name and logo secured before investing in marketing
• Established Businesses: Businesses that have been trading under an unregistered name and want legal protection with a prior-use claim
• E-commerce and D2C Sellers: Sellers on marketplaces where a registered trademark unlocks brand registry and protection programmes
• Professionals and Agencies: Service businesses protecting a practice name, product name, or tagline in service classes

Frequently Asked Questions

How long does trademark registration take in India?

The application itself can be filed within a few working days once the search and documents are ready — and you can use the ™ symbol immediately after filing. Full registration typically takes anywhere from around 8 months to 2 years depending on whether objections or oppositions are raised, since the process includes examination, journal publication, and a mandatory 4-month opposition window.

What is the government fee for trademark registration?

The statutory fee is charged per class, per application. For e-filing, individuals, DPIIT-recognised startups, and small enterprises pay a concessional fee of ₹4,500 per class, while other entities (companies, LLPs, partnerships not qualifying as small enterprises) pay ₹9,000 per class. Professional fees for search, drafting, and objection handling are separate.

What is a trademark class and how many should I file in?

The Nice Classification divides all goods and services into 45 classes — for example, Class 25 covers clothing, Class 35 covers advertising and retail services, and Class 42 covers software services. You should file in every class where you currently operate or realistically plan to operate, because protection applies class-wise. Many businesses need 1-3 classes.

Can I use the ® symbol after filing the application?

No. The ® symbol may only be used after the registration certificate is issued — using it before registration is an offence under the Trade Marks Act. After filing, you may use the ™ symbol (or ℠ for services), which signals that you claim rights over the mark.

What happens if my application receives an objection?

An examination objection is not a rejection — it's the examiner's preliminary view, usually citing descriptiveness (Section 9) or similarity to existing marks (Section 11). You get an opportunity to file a written reply, and if the examiner isn't satisfied, a show-cause hearing is scheduled. A substantial share of objected applications proceed to acceptance with a well-argued reply.

Is my business name registration or GST registration the same as a trademark?

No. Company or LLP incorporation, shop establishment registration, and GST registration do not give you ownership of the brand name — they only register the entity. Another business can still use or register a similar brand. Only a trademark registration gives you exclusive, enforceable rights over the name or logo for your classes of goods and services.

How long is a registered trademark valid?

A registered trademark is valid for 10 years from the application date and can be renewed every 10 years indefinitely, on payment of the renewal fee. Renewal can be filed up to one year before expiry, and there is a grace period with surcharge after expiry.

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Secure Your Brand Before Someone Else Files It Trademark search, class selection, TM-A filing, and objection handling — managed end to end. Book Expert Consultation or call +91 80493 67825.