Registering a trademark in India protects your brand name, logo, tagline, or any unique identifier associated with your goods or services. Under the Trade Marks Act, 1999, a registered trademark gives you exclusive rights to use the mark in India and the legal power to stop others from copying or misusing it.
This guide covers the complete trademark registration process in India — from eligibility and class selection to filing, examination, and registration.
Who Can Register a Trademark in India?
Any person, company, LLP, trust, society or government body can apply for trademark registration in India. Foreign applicants can also register trademarks in India — either directly or through the Madrid Protocol. There is no requirement to be an Indian citizen or company to own a trademark in India.
Step 1: Identify Your Trademark Class
The international trademark classification system (Nice Classification) has 45 classes — Classes 1–34 for goods and Classes 35–45 for services. You must file in the class(es) that match your products or services. Common examples:
- Class 25 — Clothing, footwear, headgear (shirts, sarees, shoes)
- Class 30 — Tea, coffee, spices, bakery products, rice
- Class 35 — Advertising, retail stores, e-commerce businesses
- Class 41 — Education, coaching, training institutions
- Class 42 — Software, IT services, web development, SaaS
- Class 43 — Restaurants, hotels, catering, cloud kitchens
Not sure of your class? Use our free Trademark Class Finder Tool — type your product or service and get an instant suggestion.
Step 2: Conduct a Trademark Search
Before filing, it is strongly advisable to search the IP India trademark database for identical or similar marks in your chosen class. A conflict discovered before filing saves money, time, and potential legal battles. Idealize Advisory Services conducts a comprehensive search as part of the pre-filing process — covering phonetically similar marks, visually similar logos, and identical word marks.
Step 3: Prepare Documents
For an individual or proprietor: Aadhaar or PAN card, logo/brand name artwork (JPEG/PNG, 8-bit colour), address proof, MSME/Udyam certificate (if applicable), and signed Form TM-48. For a company: Certificate of Incorporation, company PAN, logo artwork, board resolution/authorisation, and Form TM-48 (Power of Attorney).
Step 4: File the Application
The trademark application (Form TM-A) is filed on the official IP India portal (ipindia.gov.in) along with the government fee. Once filed, you receive an application number and filing receipt. You can use the ™ symbol from this date forward.
Government fee: ₹4,500 for individual/MSME (per class) · ₹9,000 for company/LLP (per class). Idealize files applications on the same working day documents are received.
Step 5: Examination by Trade Marks Registry
The Trade Marks Registry examines your application and typically issues an Examination Report within 12–18 months. The report may raise absolute grounds (descriptiveness, deceptiveness) or relative grounds (similarity with existing marks). Idealize prepares a detailed legal response to all objections within the 30-day statutory deadline. A hearing before the Registrar may be required in complex cases.
Step 6: Journal Publication
After successful examination, the trademark is published in the Trade Marks Journal. Any third party may file an opposition within 4 months of publication. If no opposition is filed (or opposition is defeated), the mark proceeds to registration.
Step 7: Registration Certificate
The Trade Marks Registry issues the Registration Certificate. You can now use the ® symbol. The registration is valid for 10 years from the date of application and can be renewed indefinitely in successive 10-year periods.
Important Tips for Indian Trademark Applicants
- File before you launch: The trademark application date establishes your priority. If someone else files a similar mark after your filing date, your prior application date wins.
- MSME registration matters: With a valid Udyam/MSME certificate, the government fee is ₹4,500 per class instead of ₹9,000. This halves your cost.
- Don't use ® before registration: Using the ® symbol before receiving your registration certificate is a criminal offence under Section 107 of the Trade Marks Act, 1999.
- Multiple classes = separate applications: If your business covers products and services in different classes, each class requires a separate application and government fee.
- Respond to objections immediately: Examination report reply deadline is 30 days. Missing this deadline can result in your application being abandoned.
How Idealize Advisory Services Can Help
Idealize Advisory Services handles the entire trademark registration process — from class identification and trademark search to application filing, examination reply, opposition defence, and registration. We offer transparent fees, same-day filing, and dedicated follow-up at every step. Learn more about our trademark registration service →