At a glance
| Governing law | Trade Marks Act, 1999 and Trade Marks Rules, 2017 |
|---|---|
| Application form | Form TM-A, one application per mark, fee per class |
| Official fee | ₹4,500 per class for individuals, startups and small enterprises; ₹9,000 per class for others (e-filing) |
| Opposition window | 4 months from publication in the Trade Marks Journal |
| Validity | 10 years from the application date, renewable every 10 years |
| Symbol | Use ™ once filed; use ® only after registration |
What you can register as a trademark
Any sign that distinguishes your goods or services can be registered if it is capable of graphical representation.
- Word marks, brand names and taglines
- Logos, device marks and stylised text
- Shape of goods, packaging and colour combinations
- Sound marks and other non-conventional marks
- Collective and certification marks
Marks that are descriptive, generic, deceptive, or identical or deceptively similar to an earlier mark are likely to face objections under Sections 9 and 11.
Our trademark services
Clearance search
Search of the Trade Marks Registry and the market for identical and similar marks, with a written risk opinion.
Class strategy
Selection of Nice classes and a specification of goods and services that covers present and planned business.
Filing
Preparation and e-filing of Form TM-A, including priority claims and user affidavits for prior use.
Examination reply
Reasoned replies to Section 9 and Section 11 objections, with evidence of use where useful, and show cause hearings.
Opposition
Filing and defending oppositions, counter-statements, evidence and hearings before the Registrar.
Renewal and recordals
Renewal docketing, assignments, licences, changes of name or address, and Madrid Protocol filings.
Trademark registration process
Search
Check the register and the market so you do not adopt a mark someone else already owns.
Filing
File Form TM-A. You receive an application number immediately and can use the ™ symbol.
Examination
The Registry examines the mark and may issue an examination report. The reply is due within 30 days.
Show cause hearing
If objections are not withdrawn on the reply, a hearing is listed before the examiner.
Publication
Once accepted, the mark is advertised in the Trade Marks Journal.
Opposition period
Third parties have 4 months to oppose. Contested cases go through counter-statement and evidence.
Registration
If unopposed or once the opposition is decided in your favour, the registration certificate issues.
Official trademark fees (e-filing)
| Form and action | Individual / startup / small enterprise | Others |
|---|---|---|
| TM-A: new application (per class) | ₹4,500 | ₹9,000 |
| TM-O: notice of opposition or counter-statement | ₹2,700 | ₹2,700 |
| TM-R: renewal (per class) | ₹9,000 | ₹9,000 |
| Expedited examination (per class) | ₹20,000 | ₹20,000 |
Physical filing costs more. Professional fees depend on the number of marks and classes and on whether objections or oppositions arise.
Frequently asked questions
How long does trademark registration take in India?
An application with no objection or opposition is typically registered in 8 to 14 months. Examination objections, hearings or oppositions can extend this to two years or more.
Can I use my brand after filing the application?
Yes. You can use the ™ symbol once the application is filed. Use ® only after the registration certificate is issued, since misusing ® is an offence.
Should I register my logo and brand name separately?
Ideally yes. A word mark protects the name in any font or style, while a device mark protects the logo artwork. Many businesses file both, budget permitting.
What is a trademark objection?
It is the examiner's report raising grounds for refusal, usually that the mark is descriptive or non-distinctive (Section 9) or similar to an earlier mark (Section 11). A well-argued reply with evidence often clears it.
What if someone opposes my trademark?
You file a counter-statement within 2 months of receiving the opposition, then both sides file evidence and the Registrar hears the matter. Missing the counter-statement deadline means the application is treated as abandoned.
Is an Indian trademark valid abroad?
No. Trademark rights are territorial. India is a member of the Madrid Protocol, so one international application can cover many countries based on your Indian application or registration.
Talk to Inovatree about trademark registration
Inovatree Consultants LLP works from Delhi NCR, Mumbai and Kolkata with clients across India. Learn more about the firm on inovatree.in:
Related services
Last reviewed 24 October 2026. This guide summarises the law in general terms. Every matter turns on its own facts, so take advice before acting.