How do I register a trademark in India?
To register a trademark in India: (1) run a search on the IP India database, (2) file form TM-A online (₹4,500 per class for individuals/startups/MSMEs), (3) respond to the examination report if objections are raised, (4) clear the 4-month opposition window after journal publication, and (5) receive your registration certificate. Unopposed marks typically register in 6–18 months.
A registered trademark gives you the exclusive statutory right to your brand name or logo across India, the ® symbol, and a direct route to sue infringers. Here is the actual process, step by step.
The 6 steps of trademark registration
1. Trademark search
Search the IP India public database for identical or deceptively similar marks in your class of goods/services (there are 45 classes under the Nice classification). A proper search — including phonetic variants — is the single best way to avoid an objection later.
2. File form TM-A
Filed online via the IP India e-filing portal. Government fee: ₹4,500 per class for individuals, startups and registered MSMEs (₹9,000 for other entities). From the moment of filing you may use the ™ symbol.
3. Examination
The Registry examines the application and issues an examination report, typically within 1–3 months. Objections commonly cite Section 9 (mark is descriptive / non-distinctive) or Section 11 (conflict with an existing mark).
4. Reply to objections (if any)
You must respond within 30 days of the report. A well-drafted reply with evidence of use resolves most objections; otherwise a hearing is scheduled.
5. Journal publication & opposition window
Accepted marks are published in the Trade Marks Journal. Any third party may oppose within 4 months. Only a small minority of applications get opposed.
6. Registration certificate
If unopposed (or opposition is decided in your favour), the Registry issues the registration certificate. Protection runs 10 years from the filing date and is renewable indefinitely every 10 years.
Realistic timeline and cost
| Scenario | Timeline | Typical total cost |
|---|---|---|
| Smooth (no objection, no opposition) | 6–12 months | ₹4,500–₹10,000 incl. professional fees |
| Objection raised, resolved on reply | 12–18 months | ₹8,000–₹18,000 |
| Opposition proceedings | 2–4 years | Varies — contested matter |
What trips people up
- Filing in the wrong class — protection only covers the classes you file in.
- Choosing a descriptive name — “Best Quality Rice” will meet a Section 9 objection; coined or arbitrary names register far more easily.
- Missing the 30-day reply deadline — the application is treated as abandoned.
This article is general information, not legal advice. For advice on your specific situation, consult a qualified professional.
Frequently asked questions
Can I use the ™ symbol before registration?
Yes. ™ can be used as soon as you file (or even on an unregistered mark you claim rights in). The ® symbol may only be used after the registration certificate is issued — using ® on an unregistered mark is an offence.
How much does trademark registration cost in India in 2026?
Government e-filing fee is ₹4,500 per class for individuals, startups and MSMEs, and ₹9,000 per class for other companies. Professional fees for search, drafting and filing typically add ₹2,000–₹7,000 per class.
How long does trademark registration take?
6–12 months if there are no objections or oppositions; 12–18 months if an examination objection has to be answered. Your legal protection is backdated to the filing date once registered.
What if someone opposes my trademark?
You enter opposition proceedings before the Registry — evidence is exchanged and a hearing decides the matter. Many oppositions settle. A trademark lawyer is strongly recommended at this stage.
Do I need a lawyer to register a trademark?
Self-filing is legally permitted. In practice, a professional search and a well-drafted application significantly reduce objections, and objection replies and hearings are hard to handle without experience.
