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Trademark Registration Process in India: Steps, Fees and Timeline

How to register a trademark in India: search, TM-A filing, examination, objection reply, journal publication, opposition window, fees and validity.

Draft guide awaiting professional review. Not yet published to search engines.

Short answer

File Form TM-A with the Trade Marks Registry after a search. The Registry examines the mark and may raise objections, which you answer within one month. Accepted marks are published in the Trade Marks Journal for four months of opposition, then registered for ten years and renewable indefinitely. The government fee for e-filing is ₹4,500 per class for individuals, startups and small enterprises and ₹9,000 for others.

₹4,500Government fee per class for startups and MSMEs (e-filing)Trade Marks Act 1999 and Rules 2017
4 monthsOpposition window after publicationTrade Marks Act 1999 and Rules 2017
10 yearsValidity, renewable indefinitelyTrade Marks Act 1999 and Rules 2017
45Nice classes to choose fromTrade Marks Act 1999 and Rules 2017

Step by step

StageWhat happensTypical timing
1. SearchCheck the register for identical or similar marks in your classBefore filing
2. File TM-AApplication filed online with class and specificationDay one, ™ can be used
3. ExaminationRegistry issues an examination reportUsually within a few months
4. ReplyAnswer any objectionWithin one month of the report
5. PublicationMark appears in the Trade Marks JournalAfter acceptance
6. Opposition windowThird parties may opposeFour months from publication
7. RegistrationCertificate issued if unopposedAfter the window closes

Government fees

ApplicantE-filing per classPhysical filing per class
Individual, startup or small enterprise₹4,500₹5,000
Others₹9,000₹10,000

Startups need DPIIT recognition and small enterprises need MSME registration to use the lower fee. Professional fees are separate.

Choosing the class

India follows the Nice Classification of 45 classes, 34 for goods and 11 for services. File in every class that covers what you sell or plan to sell soon, since protection applies only to the classes you file in.

Objections and oppositions

An objection comes from the Registry, often because the mark is descriptive or similar to an earlier mark. A written reply and sometimes a hearing resolve it.

An opposition comes from a third party after publication. It becomes a contested proceeding with evidence from both sides and can take much longer.

Using ™ and ®

You can use ™ as soon as you apply. Use ® only after the mark is registered. Using ® on an unregistered mark is an offence.

Validity and renewal

A registered trademark lasts ten years from the application date and can be renewed for further ten-year periods without limit. File the renewal (Form TM-R) within the year before expiry to avoid surcharges or removal.

Related services

Sources

General information only and not legal or tax advice. Laws and limits change; confirm your case with a qualified professional.

Common questions

How long does trademark registration take in India?

If there is no objection or opposition it can complete in under a year. Objections and especially oppositions can extend it considerably.

Can I use my brand while the trademark is pending?

Yes. You can use the brand with the ™ symbol from the day you file. Use ® only after registration.

What is the fee for trademark registration?

The government fee for online filing is ₹4,500 per class for individuals, DPIIT-recognised startups and MSMEs, and ₹9,000 per class for others.

How long is a trademark valid?

Ten years from the application date, renewable indefinitely for further ten-year periods.