Trademark Registration Online in India

Trademark registration in India gives you exclusive legal rights over a brand name, logo, or slogan under the Trade Marks Act, 1999. You can apply by filing Form TM-A with the Trademark Registry. Once registered, a trademark gives the proprietor exclusive rights to use the mark in relation to the registered goods or services. It also provides statutory remedies against infringement.

Any individual, startup, MSME, or company can register for a trademark entirely online through the IP India portal (ipindia.gov.in). This applies regardless of whether you're filing from Mumbai, Delhi, Bangalore, or a tier-2 city.

Individuals, recognized startups, and eligible small enterprises can pay the concessional e-filing fee of ₹4,500 per class. Other applicants pay ₹9,000 per class, subject to the applicable eligibility requirements.

What is a Trademark?

A trademark is a unique sign, word, symbol, logo, design, sound, or color combination that distinguishes one business's goods or services from others. It helps consumers identify the source of products or services and builds brand trust over time.

Amul, for example, has separate trademark registrations for its brand name, logo, and the tagline "The Taste of India." These registrations prevent competitors from using similar names or slogans that could benefit from Amul's reputation.

What is a Trademark Class?

Trademark classes divide goods and services into 45 categories, with each class covering similar goods or services. India follows the Nice Classification system, which includes 45 classes:

• Classes 1 to 34: Cover goods such as chemicals, clothing, electronics, and food.
• Classes 35 to 45: Cover services such as advertising, education, IT, and hospitality.

When you register a trademark, its protection applies only within the class (or classes) you file under.

For example, if a clothing startup registers its brand under Trademark Class 25 but later launches an e-commerce marketplace, it may also need Class 35 protection.

Note: The Nice Classification moved to its 13th Edition on January 1, 2026, reshuffling some goods and services headings across classes. If you're researching your class based on older material, double-check the current classification to avoid choosing an outdated description.

Use a free Trademark Class Search Tool to find the correct class in seconds by simply entering your product or service name.

Trademark registration in India covers different types of marks that can protect distinct elements of a brand. The main types of trademark include:

The benefits of trademark registration go beyond legal protection. They help protect your brand and increase its business value while giving you greater control over how the mark is used. Here are other advantages as well:

• Exclusive Brand Rights: A registered trademark gives the proprietor an exclusive right to use the mark in relation to the registered goods or services, subject to applicable conditions and limitations.
• Strong Legal Protection: Trademark registration provides legal protection under the Trade Marks Act, 1999, and helps you take action against unauthorized use or infringement.
• Right to Sue Infringers: You can file legal action against anyone who copies or misuses your trademark and claim remedies such as injunctions, damages, or compensation.
• Creates a Valuable Business Asset: A trademark adds value to your business. You can license, sell, or franchise it and strengthen your company’s valuation during funding or acquisitions.
• Build Brand Credibility: Once registered, the ® symbol can be used to indicate that the trademark is registered in India.
• Supports Business Expansion: Trademark registration makes franchising, licensing, and nationwide brand expansion easier and more secure.
• Prevents Counterfeit Imports: You can record your registered trademark with Indian Customs to stop counterfeit goods from entering the market.
• Provides Long-Term Protection: A trademark remains valid for 10 years from the date of the application and stays protected indefinitely with timely renewals every 10 years.

Note: Foreign applicants without a principal place of business in India must provide an address for service in India. They may use an authorized trademark agent or attorney to handle filings and communications with the Registry.

An unregistered trademark cannot generally support an infringement action under the Trade Marks Act, 1999. However, the proprietor may pursue a common-law passing-off action if the required elements are established.

Any individual or entity using or intending to use a brand can apply for trademark registration. The filing process is not limited to registered companies; even early-stage businesses can register their brand name or logo. Eligible applicants include:

• Individuals
• Sole proprietors
• Startups and Small Enterprises
• Partnership firms
• LLPs
• Private Limited and Public Limited Companies
• Trusts and societies
• Foreign individuals or companies

Quick Checklist Before Filing for Brand Name Registration in India

Before you file your brand registration application, check that your trademark meets these requirements:

• The trademark must be unique and distinctive.
• It should not be identical or similar to an existing trademark.
• It should not be generic, deceptive, or offensive.
• The applicant must intend to use the trademark.
• The mark must comply with registration guidelines under IP India.
• The mark must be capable of being represented graphically in a clear, precise manner.
• It should not contain prohibited elements like national emblems, flags, or symbols under the Emblems and Names Act.

The documents required to register a trademark depend on the applicant, mark, claimed usage, and filing category. Below is the list of documents needed for a first-time trademark registration application:

1. Trademark Application Forms

• Form TM-A for standard applications.
• Power of Attorney if filing through a Trademark Agent or Attorney using the Authorization form (TM-48).

2. Applicant Identity Documents

• For individuals: PAN card, Aadhaar card, voter ID, or passport copy.
• For companies: Certificate of Incorporation (CoI), MOA/AOA.
• For partnerships: Partnership deed and registration certificate.
• For LLPs: LLP Agreement and registration certificate.

3. Trademark Representation Materials

• Clear representation of the mark in JPEG format (for logos/device marks).
• Specific format requirements for sound marks, 3D marks, or other non-traditional marks.
• Evidence of actual use, such as invoices, advertisements, packaging, or other commercial records, where use is claimed.

4. Priority Documents (if applicable)

• A priority claim statement within your Form TM-A application, stating the first filing date, convention country, and application number.
• Certified copy of the priority application if claiming convention priority, submittable within two months of your Indian filing if not available at the outset.
• English translation of priority trademark registration documents if in a foreign language.

5. Use-Related Documentation

• Affidavit of use if the mark is already in commercial use.
• User declaration with specific dates of first use in commerce.
• Evidence of use, such as invoices, advertisements, and packaging samples.

6. Additional Supporting Materials

• Consent letter from living persons if their name/likeness appears in the mark.
• NOC from the relevant authority for certain regulated terms.
• Supporting evidence for acquired distinctiveness claims (if applicable).
• MSME or Startup certificate (for fee concession benefits).

The trademark registration process in India is handled end-to-end through the IP India portal. Below is the step-by-step process applicable to all mark types:

Step 1: Conduct a Trademark Search

• Start with a trademark search on the official IP India portal to identify identical or similar marks and assess potential conflicts.
• You can also use a free trademark search tool to check existing applications and registrations across relevant trademark classes.
• Ensure your proposed mark (name, logo, slogan) is unique and not identical or deceptively similar to existing trademarks.

Step 2: Choose the Appropriate Trademark Class

• The Registry grants protection based on trademark classes (1–34 for goods, 35–45 for services).
• Choose one or more classes depending on the nature of your business.

Step 3: Prepare the Trademark (™) Application

File Form TM-A either online or physically at the Trademark Registry Office. Key details to be included:

• Applicant name and address
• Type of mark (wordmark, logo, sound mark, etc.)
• Description of goods/services
• Trademark class
• Date of first use (if applicable)

Step 4: Allotment of Application Number & TM Symbol Usage

• The Trade Marks Registry issues a unique application number after you file the application.
• Applicants commonly use the ™ symbol to indicate that they are claiming the mark as a trademark while the application is pending. Registration is required to use the ® symbol in India.

Step 5: Formal Examination by Trademark Registry

• The Trademark Registry examines the application and may issue an Examination Report raising objections or seeking clarification. During examination, the Registry checks:
  • Legal eligibility under the Trade Marks Act, 1999
  • Non-conflict with existing marks
  • Descriptive or generic nature of the mark
• The Examiner then issues an Examination Report.

Step 6: Respond to Trademark Examination Objection

• If the Examination Report raises objections under Section 9 or Section 11, the applicant must submit a response within one month from the date of receipt of the Examination Report.
• You must file a Trademark Objection Reply within this one month, addressing the objections with appropriate legal reasoning, evidence of use, and clarifications. Failure to respond within the prescribed period may result in the application being treated as abandoned under Rule 33(4).
• An extension of time to respond may be sought under Section 131 read with Rule 109 by filing Form TM-M. The Registrar may grant an extension of up to one month at their discretion. No appeal lies against the Registrar's order under Section 131(2).
• Attend a Show Cause Hearing if the Registry schedules one. You or your authorized representative can appear at the hearing.

Step 7: Trademark Journal Publication

• If the Registrar accepts the application (either directly or after objection resolution), your trademark is published in the Trademark Journal.
• The mark is published in the Trade Marks Journal, after which any person may file an opposition within four months of the advertisement or re-advertisement, subject to the Trade Marks Act and Rules.

Step 8: Handling Trademark Opposition (if filed)

• A third party may file a trademark opposition within 4 months of journal publication, as prescribed under the Trade Marks Rules, 2017.
• If an opposition is filed, you must submit a counter-statement within 2 months of receiving the notice. Under Section 21(2) of the Trade Marks Act, 1999, failure to file it within this period means you “shall be deemed to have abandoned” the trademark application.
• Both parties can submit evidence and attend hearings before the Registrar decides the opposition.
• If no opposition is filed within the prescribed period, or the opposition is decided in the applicant's favor, the application may proceed to registration subject to the applicable requirements.

Step 9: Issuance of Registration Certificate

• If your application clears all stages, you’ll receive the Trademark Registration Certificate from the Trademark Registry.
• You can now legally use the ® (Registered) symbol alongside your brand name/logo.

The trademark registration certificate records the registration of the mark and the registered proprietor's rights in relation to the specified goods or services.

The overall timeline varies depending on examination, objections, hearings, opposition, and Registry processing. Expedited examination is available for eligible applicants on payment of the prescribed fee, but it does not guarantee registration within a fixed period.

You can check trademark registration status online using:

1. Application number (unique ID assigned when you file for trademark protection)
2. Trademark registration check on the official IP India portal

To monitor the progress of your application at each stage, follow these steps:

• Go to the Trademark Application/Registration Status page on ipindiaonline.gov.in
• Enter your Application Number in the provided field
• Click "View" to see the current status (e.g., "Send to Vienna Codification", "Advertised", "Registered", etc.)
• Review any alerts or actions required (such as objection replies or hearings)
• Track updates until you see the status as "Registered"

Note: If your status shows "Objected," this isn't a rejection; it means the Examiner has raised a query that needs a written reply within one month. Your application remains active at this stage.

Trademark registration in India costs ₹4,500 per class for individuals, startups, and small enterprises and ₹9,000 per class for other applicants, including companies, when filed online. Professional fees of ₹1,499 charged by our trademark attorneys or consultants are additional and vary by service provider and the scope of work.

Below are the complete government fees for trademark registration published by IP India, along with indicative professional fees charged by attorneys and consultants:

Note: Recognized Startups and eligible Small Enterprises can qualify for the concessional ₹4,500 e-filing fee per class, subject to the applicable eligibility requirements. Fees for trademark registration for companies and other applicants remain ₹9,000 per class. Professional fees are additional and vary by service provider. The trademark renewal fee is ₹9,000 per class for e-filing and ₹10,000 per class for physical filing.

Once you receive your trademark application number (or registration certificate), you can register your brand on major marketplaces and access brand protection features:

• Amazon Brand Registry: You can enroll with an active registered trademark or a pending trademark application. For pending applications, Amazon accepts applications filed through IP Accelerator, subject to its eligibility requirements.
• Flipkart Brand Assure: Enrollment requires a registered trademark. Flipkart's current requirements do not accept a pending trademark application for Brand Assure.
• Meesho Brand Registration: Meesho requires supporting documents to verify brand ownership. Its seller guidance lists a trademark certificate as supporting proof and also describes other documents that may be accepted in certain cases. Requirements can vary based on the brand and product category.

Sellers planning to use marketplace brand-protection programs should check the current enrollment requirements of each platform before applying.

Note: A trademark application number is usually enough to start the brand registration process on most marketplaces. You don't have to wait until the trademark is fully registered.

Regulatory bodies and legal provisions that assist with the trademark filing service are:

• Controller General of Patents, Designs and Trade Marks (CGPDTM): The apex authority under the Ministry of Commerce and Industry that oversees all registrations in India through the Trade Marks Registry.
• Vienna Codification: A classification system used to categorize the figurative (visual) elements of logos and device marks. It makes it easier for examiners to search and compare similar marks.
• Section 9 of the Trade Marks Act, 1999 (Absolute Grounds): Rejects marks that are generic, descriptive, or lacking distinctiveness. For example, calling a milk brand simply "Milk."
• Section 11 of the Trade Marks Act, 1999 (Relative Grounds): Provides grounds for refusal where a mark conflicts with an earlier trademark or other earlier rights. This is subject to the conditions under the Act.
• Madrid Protocol: An international system that allows eligible Indian applicants to seek trademark protection in 130+ countries through a single international application. This is subject to the laws and examination requirements of each designated country.
• Well-Known Trademarks: Certain marks recognised as well-known under Indian trademark law can receive broader protection across classes. A proprietor can apply to the Registrar for determination of a trademark as well-known under Rule 124 of the Trade Marks Rules, 2017, subject to the applicable legal requirements.
• Proposed to be Used vs. Used Marks: You can file a trademark even before launching your brand ("proposed to be used") or after commercial use has begun ("used"). The latter requires proof of first use.
• Trademark Dispute Resolution: Earlier handled by the Intellectual Property Appellate Board (IPAB), trademark appeals and rectification matters are now heard by the respective High Courts. This follows the Tribunals Reforms Act, 2021.

Trademarks, copyrights, and patents are three different forms of intellectual property protection, each designed to safeguard a specific type of creation or asset. The major differences between these three forms of IP protection are discussed in the table below: