Trademark Registration in India: A Step-by-Step Guide

Your brand is often your most valuable intangible asset. In India, the Trade Marks Act, 1999 provides a clean statutory framework for registering and protecting it — but the process has enough nuance that mistakes are common.

Step 1: Trademark search

Before filing anything, search the IP India database for identical and similar marks in the same class. Filing a mark that closely resembles an existing one wastes the application fee and risks an opposition.

Step 2: Choose the right class

Trademarks are filed by class — there are 45 in total (1 through 34 for goods, 35 through 45 for services). A single mark used across multiple categories may need multiple filings. Filing the wrong class leaves you exposed in the actual market you operate in.

Step 3: File the application

Filing is done online through the IP India portal. The application requires:

• Form TM-A filled out correctly

• Logo or wordmark image

• User affidavit (if claiming prior use)

• Power of attorney if filing through an agent

• Government fee — currently ₹4,500 for individuals/startups, ₹9,000 for others, per class

Step 4: Examination and opposition

The Registry examines the application and issues an examination report within 1–3 months. You may need to respond to objections. If accepted, the mark is published in the Trade Marks Journal, opening a four-month window during which third parties can file oppositions.

Step 5: Registration

If no opposition is filed (or oppositions are decided in your favour), the registration certificate is issued. Registration is valid for ten years and renewable indefinitely.

Common mistakes

• Filing descriptive or generic marks that cannot be protected

• Skipping the prior search and discovering a conflict during examination

• Choosing the wrong class for the actual goods/services

• Letting the renewal lapse — once expired, others can claim the mark