Trademark Registration Process in India: A Comprehensive Guide (2026)

Your brand is your most valuable asset. Whether it's your company name, logo, or a unique tagline, it distinguishes your goods or services in the market. In India, registering a trademark is the only legal way to secure exclusive rights to your brand identity and prevent others from copying it.

Without a registered trademark under the Trade Marks Act, 1999, you cannot sue for infringement—you can only sue for "passing off," which is much harder to prove. This guide walks you through the entire Trademark Registration process in India, from search to certification.

1. Trademark Search (Due Diligence)

Before you file, you must check if your brand name is available. The IP India Public Search portal allows you to search existing trademarks.

• Identical match: If your name is exactly the same as an existing one in the same class, your application will likely be rejected.
• Phonetic similarity: Names that sound similar (e.g., "Nike" vs "Nyke") can also face objections under Section 11.

2. Identify Your Trademark Class

Goods and services are categorized into 45 Classes. You must apply under the correct class(es).

• Class 9: Software, electronics, mobile apps.
• Class 25: Clothing and apparel.
• Class 35: Business management, advertising, e-commerce.
• Class 41: Education and entertainment services.
• Class 42: IT services, SaaS, technology development.

3. Filing the Application (Form TM-A)

Once the search is clear, you file the application online via the IP India portal. You will need:

• Applicant details (Individual/Startup/Company).
• Brand Logo (JPEG format).
• User Affidavit (if you are claiming prior usage of the mark).
• MSME/Startup Certificate (to avail 50% fee concession).

Government Fees: ₹4,500 for Individuals/Startups/MSMEs, ₹9,000 for others (per class).

4. Examination by the Registry

After filing, you can use the ™ symbol. The Registry will then examine your application (usually takes 1-3 months).

• Accepted: Proceed to advertisement.
• Objected: The examiner issues a report citing reasons for objection (e.g., descriptive name, similarity to existing mark). You must file a reply within 30 days.

5. Advertisement in Journal

If accepted, your mark is published in the Trade Marks Journal. This opens a 4-month window for third parties to oppose your specific mark.

• If no opposition is filed, you proceed to registration.
• If opposed, a legal process of evidence and hearings follows.

6. Registration & Renewal

If there is no opposition (or you win the opposition), the Registrar issues the Registration Certificate. You can now use the ® symbol.

Validity: 10 years from the date of application, renewable indefinitely every 10 years.

Frequently Asked Questions (FAQ)