Form TM-A: applying to register a trademark in India

What TM-A covers

A single TM-A can cover one mark in one or more classes of goods or services under the Nice classification, but the fee is charged for each class. Words, logos, slogans, shapes, sounds and combinations can all be filed, provided they are distinctive and not barred by the Act.

India follows a first-to-use and first-to-file mix. Filing early gives a priority date, and the application can claim use from an earlier date with supporting evidence, or be filed on a proposed-to-be-used basis.

Official fees

To claim the lower fee, a startup should be DPIIT-recognised and a small enterprise should have MSME status, with proof filed as required. E-filing is cheaper and faster than physical filing.

Proof of startup status is usually the DPIIT recognition certificate, and proof of small enterprise status is the Udyam certificate. Without valid proof, the Registry can ask for the balance fee.

Documents needed

Describe goods and services precisely. Overly broad descriptions can draw objections, while narrow ones may leave gaps in protection. Using pre-approved descriptions from the Registry's classification tool can reduce objections.

• Clear representation of the mark (logo in JPG for device marks)
• Applicant's name, address, entity type and nationality
• List of goods or services and the correct class numbers
• User affidavit with evidence, if claiming prior use
• Power of attorney (TM-48) if filed through an agent
• Proof of startup or MSME status, for the reduced fee

Who should be the applicant?

The applicant should be the person or entity that owns the brand and controls its use. If a company sells under the brand, file in the company's name rather than a director's, or execute an assignment and record it. Ownership disputes between co-founders are often rooted in trademarks filed personally. Foreign applicants need an address for service in India, usually through an Indian agent or advocate.

What happens after filing

The application receives an application number immediately and you may use the TM symbol. The Registry examines it for absolute grounds such as descriptiveness and relative grounds such as conflicting earlier marks. If an examination report raises objections, a reply is generally due within one month, failing which the application can be treated as abandoned.

Once accepted, the mark is advertised in the Trade Marks Journal. Third parties have four months to oppose. If there is no opposition, or it fails, the mark is registered and the ® symbol can be used. Registration lasts 10 years from the application date.

Common mistakes

The most common errors are filing a descriptive or generic word, skipping a search for similar existing marks, choosing the wrong class, filing in an individual's name for a business owned by a company, and missing the examination report deadline. Using the ® symbol before registration is an offence under the Act.

Step by step

1. 1Search

   Search the Registry database for identical and similar marks in your classes.

2. 2Choose classes

   Identify the Nice classes and draft the goods or services description.

3. 3Prepare documents

   Get the logo, user affidavit and power of attorney ready.

4. 4File TM-A online

   File on the IP India portal and pay the class-wise fee.

5. 5Track examination

   Reply to any examination report on time.

6. 6Advertisement and registration

   Watch for opposition during the four-month window, then receive registration.