Trademark Registration
Protect your brand name & logo
Comprehensive trademark search, application under the right classes, and objection handling until registration.
What's included
- Public search & availability report
- Class selection & filing (TM-A)
- Use of ™ from day of filing
- Objection reply support
Understanding Trademark Registration
A trademark is the legal fence around your brand — the name, logo, tagline or label that customers recognise you by. Registration under the Trade Marks Act, 1999 gives you the exclusive right to use the mark for your goods or services across India for 10 years, renewable indefinitely, and the power to sue infringers and stop copycats. Until registration you may use the ™ symbol on any mark you claim; the ® symbol is reserved by law for registered marks, and using it prematurely is an offence.
Trademarks are registered class-wise under the Nice Classification — 45 classes covering all goods and services, such as class 25 for clothing, class 35 for retail and advertising services, and class 42 for software services. Your protection extends only to the classes you file in, so choosing them correctly is half the job. The application is filed on form TM-A with the Trade Marks Registry; government fees per class are ₹4,500 for individuals, startups and Udyam-registered small enterprises filing online, and ₹9,000 for other entities.
The realistic journey: we run availability searches, file the TM-A within days, and you can start using ™ immediately. Examination typically follows within a few months; if the examiner objects under Sections 9 or 11, a reply is filed. Once accepted, the mark is published in the Trade Marks Journal, opening a 4-month window in which anyone may oppose. If no opposition comes — true for most marks — registration follows, generally 8 to 18 months from filing. Your priority, however, dates back to the filing day itself.
Who needs this?
Businesses building a consumer brand
D2C brands, restaurants, apparel labels and FMCG products live on recall. Registration stops competitors from riding on a deceptively similar name or packaging.
Startups before fundraising
Investors check whether the brand actually belongs to the company. A pending or registered trademark in the company's name is standard due-diligence hygiene.
Service firms and agencies
Consultancies, clinics, coaching institutes and software companies protect their trading name and logo in service classes such as 35, 41, 42 and 44.
E-commerce and marketplace sellers
Amazon Brand Registry and similar programmes require a trademark application or registration, unlocking brand-protection tools and enhanced listings.
Exporters and franchisors
A registered Indian mark is the base for international filings under the Madrid Protocol and the asset you license when franchising or appointing distributors.
Owners of established but unregistered brands
If you have traded under a name for years without registering, you are relying on weaker passing-off rights; registration converts goodwill into an enforceable, transferable asset.
When this is NOT the right fit
| Your situation | What applies instead |
|---|---|
| ✕Purely descriptive or generic names | Marks that merely describe the goods — like Fresh Milk for dairy — are refused under Section 9 unless you can prove acquired distinctiveness through long, extensive use. |
| ✕Marks conflicting with existing registrations | A mark identical or deceptively similar to an earlier mark in the same or allied classes faces refusal under Section 11 and likely opposition — this is why the pre-filing search matters. |
| ✕Prohibited names and emblems | Names and emblems barred by the Emblems and Names (Prevention of Improper Use) Act, 1950 — national symbols, government insignia and certain protected words — cannot be registered. |
| ✕Marks that deceive or offend | Marks likely to deceive the public, hurt religious sentiments, or containing scandalous or obscene matter are refused outright under Section 9(2). |
Not sure which applies to you? Message us — we'll point you to the right service in minutes, free.
Documents you'll need — and why
The mark itself — wordmark or logo file
A clear representation is filed with TM-A; for logos, a high-resolution image defines exactly what gets protected, so the version you file should be the version you use.
Applicant details — PAN and ID / incorporation certificate
The mark is registered to a specific legal owner. Filing in the wrong name (founder instead of company, or vice versa) causes ownership disputes later.
Udyam / Startup India certificate (if available)
Small enterprises and DPIIT-recognised startups pay ₹4,500 per class instead of ₹9,000 — this one document halves the government fee.
Description of goods or services
Determines the classes and the specification wording; too narrow leaves gaps, too broad invites objections and vulnerability to non-use cancellation.
Date of first use and usage proof (if already in use)
Claiming a genuine prior-use date with invoices, packaging or ads strengthens the application against objections and oppositions from later-filed marks.
Signed power of attorney (form TM-48)
Authorises us as your agent to file and prosecute the application, respond to examination reports and appear before the Registry on your behalf.
MSME/startup declaration or affidavit of use (where applicable)
Where a user date is claimed, the Registry requires a supporting affidavit; incorrect claims can undermine the registration if challenged.
How it works, step by step
- 1
Trademark search and risk opinion
1-2 daysWe search the Registry database and marketplace for identical and similar marks in your classes and give a plain-English opinion on registrability and risks.
- 2
Class selection and TM-A drafting
1-2 daysWe finalise the classes, draft the goods/services specification, prepare TM-48 authorisation and claim your correct fee category and user date.
- 3
Filing and ™ status
Day 3-5The TM-A is filed online with the Trade Marks Registry; you receive the application number the same day and can begin using ™ with the mark.
- 4
Examination and reply
1-6 months after filingThe Registry examines the mark, usually within 1-6 months. If objections are raised under Section 9 or 11, we draft and file the reply and attend hearings if listed.
- 5
Journal publication, opposition window and registration
8-18 months overallAccepted marks are published in the Trade Marks Journal; anyone may oppose within 4 months. If unopposed, the registration certificate issues and you can use ®.
Due dates to know
Opposition window
4 months from journal publication
Third parties can oppose during this window; equally, we can watch the journal and oppose confusingly similar marks filed by others.
Reply to examination report
Within 30 days of receipt
Missing this deadline leads to the application being treated as abandoned; extensions are limited, so respond promptly.
Renewal
Every 10 years from filing date
Renewable indefinitely on form TM-R; a 6-month grace with surcharge exists, after which restoration is harder.
Vulnerability to non-use cancellation
5 years of continuous non-use
A registered mark unused for 5 years and 3 months can be removed on a third party's application, so keep using the mark as registered.
What non-compliance costs
Using ® on an unregistered mark
Falsely representing a mark as registered is an offence under Section 107 of the Trade Marks Act, punishable with imprisonment up to 3 years or fine or both.
Not replying to the examination report in time
The application is marked abandoned; you lose the filing-date priority and must file afresh, behind anyone who applied in the meantime.
Missing renewal after 10 years
The mark is removed from the register after the grace period; competitors can apply for it, and restoration requires extra fees and is discretionary.
Ignoring an opposition notice
Failure to file a counter-statement within 2 months means the application is deemed abandoned, however strong your actual case was.
Why doing this right pays off
Exclusive nationwide rights
Registration gives you the exclusive right to the mark for your goods and services across India, with statutory remedies for infringement including injunctions and damages.
An asset you can value, license and sell
A registered trademark is intangible property — it can be assigned, licensed to franchisees, pledged, and shown to investors as owned IP.
Priority from day one of filing
Your rights date back to the filing date even though registration takes months, and you can use ™ immediately to put the market on notice.
Deterrence and marketplace enforcement
The application unlocks Amazon Brand Registry and similar programmes, and a registration makes takedowns of copycat listings and domains far faster.
Foundation for global protection
An Indian application or registration is the home base for extending protection to other countries through the Madrid Protocol in a single international filing.
Common DIY mistakes we see
- Skipping the search and filing a mark that collides with an existing registration, burning the fee and a year of waiting before refusal.
- Filing in one obvious class and missing allied classes — a clothing brand filing only class 25 while selling online leaves class 35 retail services exposed.
- Registering the mark in the founder's personal name while the business runs in a company, muddying ownership at fundraising or exit.
- Choosing a descriptive name because it explains the product, then discovering it cannot clear Section 9 without years of use evidence.
- Filing and forgetting — missing the 30-day examination reply or the opposition counter-statement, which silently kills the application.
Frequently asked questions
Filing takes us 3 to 5 days including the search. The Registry then examines the mark, typically within 1 to 6 months, publishes accepted marks in the journal, and holds a 4-month opposition window. Unopposed marks are usually registered within 8 to 18 months, but your legal priority starts from the filing date itself.
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All-inclusive professional fee. Government fees (if any) extra at actuals.
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