Documents Required for Trademark Filing (TM-A Checklist 2026)
Documents for trademark filing in India: logo, applicant ID, MSME or startup proof for the ₹4,500 fee, TM-48 if filed by agent, and user affidavit.
Short answer
To file a trademark in India you need the mark itself (word or logo image), the applicant's name, address and nationality, the class and description of goods or services, the date of first use or a 'proposed to be used' claim, and a signed TM-48 if an agent files. Individuals, startups and small enterprises pay ₹4,500 per class online if they attach proof of status.
- Form
- TM-A (single form for all applications)
- E-filing fee
- ₹4,500 per class (individuals, startups, small enterprises)
- Others
- ₹9,000 per class online
- Agent authority
- Form TM-48
- Use claimed before filing
- Supporting user affidavit with evidence
- Portal
- ipindia.gov.in e-filing
What information goes into the application?
The application in Form TM-A records the applicant's legal name, address, nationality and entity type, the mark, the Nice class or classes, and a specification of goods or services. A precise specification helps avoid objections and later infringement disputes, so describe what you sell rather than copying the entire class heading.
You must state whether the mark is already in use or proposed to be used. If you claim prior use, the date should be supported with evidence and a user affidavit, because the earliest proven use date can matter in an opposition.
- Applicant name, address and entity type
- Mark: word mark text or logo in JPG
- Class number(s) and goods/services description
- Date of first use or 'proposed to be used'
- Priority claim details, if any (Convention filing)
Which supporting documents are needed?
The fee concession for small applicants is not automatic. Companies claiming small-enterprise status attach their Udyam registration, and startups attach their DPIIT recognition certificate. Individuals qualify without extra proof. Where a trademark attorney or agent files, the applicant signs Form TM-48 authorising them.
| Document | When needed |
|---|---|
| Udyam certificate | To claim small-enterprise fee |
| DPIIT recognition certificate | To claim startup fee |
| Form TM-48 | Filing through an agent |
| User affidavit with evidence | Claiming use before filing date |
| Translation/transliteration | Mark in a non-English script |
| Priority document | Claiming Convention priority |
What about logos, colours and series marks?
Logos should be clean JPG images. If you want protection for the logo regardless of colour, file it in black and white; if a colour combination is part of the brand, file in colour and say so. Word marks give broader protection for the name itself, so many founders file the word and the logo separately.
Sound marks need an MP3 recording, and three-dimensional shape marks require views from different angles. Each class carries its own fee, though a single TM-A application can cover several classes at once.
What happens after filing?
The registry issues an application number immediately and you may use the ™ symbol. The examiner then issues an examination report; any objection needs a reply within one month. If accepted, the mark is advertised in the Trade Marks Journal and anyone can oppose it within four months. Registration lasts ten years and is renewable.
Timeline and common mistakes
Filing takes a day once documents are ready. Examination, journal advertisement and registration typically take several months to more than a year, longer if there is an objection or opposition. You can use the mark with the ™ symbol meanwhile, and ® only after registration.
Founders often make the same avoidable errors, and some of them cannot be fixed after filing without a fresh application and a fresh fee. Run through this list before paying the fee.
- Filing in a founder's name without planning assignment to the company
- Choosing the wrong class or an overly broad description
- Claiming use without dated evidence
- Filing only a logo when the word mark matters more
- Missing the one-month deadline to reply to an examination report
- Not attaching Udyam or DPIIT proof and paying the higher fee
Step by step
- 1Search the register
Run a public search on the IP India portal in the relevant class.
- 2Fix the class
Identify Nice classes and draft a precise goods or services description.
- 3Prepare the mark
Finalise the word mark and a clean JPG of the logo.
- 4Collect proofs
Keep Udyam or DPIIT certificates ready for the reduced fee.
- 5Sign authorisations
Sign TM-48 if an agent will file, and a user affidavit if claiming use.
- 6File TM-A
Submit on the e-filing portal and pay the fee per class.
- 7Track examination
Watch for the examination report and reply within one month.
Related services
Sources
- Office of the Controller General of Patents, Designs and Trade Marks
- Treelife – Trademark objection reply and opposition timelines
Written by the Refogo Editorial Team from the official sources above and checked on 2026-10-31. Laws, rates and due dates change, and authorities often extend deadlines, so confirm your own case with a qualified professional. This is general information, not legal or tax advice. Read our editorial policy or report an error to support@refogo.com.
Common questions
Do I need a company to file a trademark?
No. Individuals, proprietors, partnerships, LLPs and companies can all apply. The applicant should be the person or entity that will own the brand.
Can I file before my business is registered?
Yes, on a 'proposed to be used' basis in an individual's name, and assign it to the company later by recording the assignment. Filing early helps secure priority.
Is a user affidavit mandatory?
Only where you claim use of the mark before the filing date. It should be backed by invoices, advertisements or other dated evidence.
What is the fee for a startup?
Recognised startups pay the lower e-filing fee of ₹4,500 per class when they attach their DPIIT certificate.