How to Register a Trademark in India
Registering a trademark protects your brand name, logo, or tagline from infringement and gives you the exclusive right to use the mark commercially. The process is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) and can now be done entirely online.
Before you start
- Clear representation of the mark (wordmark, logo, or combined mark) in JPEG/PNG format
- Applicant details: individual, company, or LLP with PAN
- Date of first commercial use of the mark (or 'proposed to be used')
- Goods/services description aligned with the Nice Classification (1–45 classes)
- Priority claim details if claiming convention priority from a foreign application
Step-by-step
Conduct a Prior Art Search
Before filing, search the IP India trademark database (ipindia.gov.in) for identical or similar marks in your target classes. A clearance search significantly reduces the risk of rejection or opposition.
Determine the Correct Nice Classes
Identify which of the 45 Nice Classification classes cover your goods or services. Filing in the wrong class is a common error — e.g., Class 25 for clothing, Class 42 for software services. Each class requires a separate application and fee.
File Form TM-A Online
Create an account on the IP India e-filing portal (ipindiaonline.gov.in). Complete Form TM-A with the mark representation, applicant details, class, and goods/services description. Pay the government fee: ₹4,500 per class for individuals/startups/SMEs; ₹9,000 per class for companies.
Receive Application Number and Use ™ Symbol
On filing, you receive an immediate application number and filing receipt. You may now use the ™ symbol alongside your mark — this indicates a pending application and deters infringement while registration is in process.
Examination and Vienna Codification
The Trademark Registry assigns an examiner who issues a Report within a few months. If objections are raised (absolute or relative grounds), you must file a counter-statement and/or request a hearing within the stipulated deadline.
Publication in the Trade Marks Journal
If no objections remain, the mark is published in the Trade Marks Journal for four months. Any third party may file an opposition during this window. If no opposition is filed (or opposition is decided in your favour), the Registry issues the Registration Certificate.
Common mistakes to avoid
- Filing without a prior art search — you may spend ₹9,000+ only to face an identical mark objection.
- Describing goods/services too broadly or too narrowly — vague descriptions lead to Examiner objections; overly narrow descriptions leave gaps in protection.
- Missing the counter-statement deadline (2 months from the examination report) — missing it results in deemed abandonment of the application.
- Not monitoring the Trade Marks Journal — you have only four months to oppose third-party marks that may conflict with yours.
Frequently asked questions
How long does trademark registration take in India?
The end-to-end process typically takes 18–24 months in an uncontested case. Expedited examination (Form TM-M) can shorten the examination stage to about 3 months for an additional ₹20,000 fee.
How long does a registered trademark last?
A trademark registration is valid for 10 years from the date of application and can be renewed indefinitely for successive 10-year periods.
Can I register a trademark if I have not yet launched my product?
Yes. You can file on a 'proposed to be used' basis. However, you must show actual commercial use to maintain the registration — non-use for five continuous years is grounds for cancellation.
Is a trademark registered in India valid globally?
No. Indian registration protects you only in India. For global protection, you must file separately in each target country or use the Madrid Protocol (WIPO) for multi-country filing.
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