Quick Answer
Trademark Registration in India: Process, Cost & Classes
A trademark is the brand identity that distinguishes your goods or services — a name, logo, tagline, or combination. Registering it under the Trade Marks Act 1999 gives you the exclusive right to use it for the goods/services in your class, the right to use the ® symbol, and a far stronger position to stop copycats than an unregistered mark.
Registration is administered by the Controller General of Patents, Designs and Trade Marks through the Trade Marks Registry, and most of the process is online. It is methodical rather than difficult, but two things trip up applicants: choosing the wrong class, and filing a mark that is not distinctive or that conflicts with an existing one.
This guide explains the end-to-end process — the clearance search, choosing the right class, filing Form TM-A, examination, publication in the Trade Marks Journal, the opposition window, fees, the difference between the ™ and ® symbols, and how renewal works.
1. Start with a trademark search
Before filing, run a clearance search on the public trademark database on the IP India portal to check whether an identical or deceptively similar mark already exists in your class. Skipping this is the most common cause of objections and oppositions later.
Distinctiveness also matters: invented or arbitrary marks (coined words, or common words used in an unrelated context) are the strongest; purely descriptive or generic words are weak and often refused under the Act.
2. Choose the right class (the NICE classification)
Trademarks are registered class-wise under the NICE classification, which has 45 classes in total — Classes 1 to 34 cover goods and Classes 35 to 45 cover services. You register your mark in the class(es) that match your actual business.
If your business spans multiple categories (for example, a clothing brand that also runs retail stores), you may need a multi-class application or separate applications. Choosing too narrowly leaves gaps a competitor can exploit; choosing too broadly increases cost and the risk of objections in classes you don't really use.
3. File the application (Form TM-A)
The application is filed in Form TM-A, normally online through the IP India e-filing portal. You provide the applicant's details, the representation of the mark, the class(es), the goods/services description, and the date of first use (or 'proposed to be used' if not yet used).
On filing, you receive an application number, and you can immediately begin using the ™ symbol next to your mark to signal that an application is pending.
4. Examination, journal publication, and opposition
The Registry examines the application and issues an examination report. If there are objections (for example, on distinctiveness or a conflicting mark), you file a written reply and, if needed, attend a show-cause hearing.
Once the mark clears examination, it is published in the Trade Marks Journal. There is then a four-month window during which any third party can oppose the registration. If no opposition is filed (or any opposition is decided in your favour), the mark proceeds to registration and the registration certificate is issued.
- Examination → reply to objections → (if needed) hearing.
- Publication in the Trade Marks Journal.
- Four-month opposition window for third parties.
- Registration and certificate if unopposed or opposition fails.
5. Fees, the ™ vs ® symbols, and renewal
Government filing fees are charged per class. For an individual, startup, or small enterprise filing online, the official fee is ₹4,500 per class; for other applicants (such as larger companies), it is ₹9,000 per class. Professional/attorney fees are separate and vary with complexity.
Use ™ as soon as you have applied (it signals a claim, even before registration); use ® only after the mark is actually registered — using ® on an unregistered mark is itself an offence.
A registered trademark is valid for ten years from the date of application and can be renewed indefinitely for further ten-year periods by filing Form TM-R and paying the renewal fee. Letting it lapse risks removal from the register, so diarise the renewal well in advance.
Key Takeaways
- •Run a clearance search first and choose a distinctive mark — descriptive/generic marks are often refused.
- •Register class-wise under the NICE classification (45 classes: 1–34 goods, 35–45 services); use a multi-class application if your business spans categories.
- •File Form TM-A online; you can use ™ immediately, but ® only after registration.
- •After examination, the mark is published in the Trade Marks Journal with a four-month opposition window.
- •Government fee is ₹4,500 per class for individuals/startups/small enterprises and ₹9,000 for others; registration lasts 10 years and is renewable indefinitely.
Frequently Asked Questions
How do I register a trademark in India?
How much does trademark registration cost in India?
What is the difference between the ™ and ® symbols?
How long does trademark registration take in India?
How long is a registered trademark valid?
What are trademark classes?
About the Corporate Law Editorial Bench
NyaySevak Corporate & Commercial DeskSenior-counsel-led bench covering Companies Act, IBC, SEBI, FEMA, contracts, M&A, employment, and start-up advisory. Active before NCLT, NCLAT, SAT, and SEBI's Adjudicating Officer.
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