Trademark Registration in India

 

Registering a trademark in India is a legal process governed by the Trade Marks Act, 1999. It grants you exclusive rights to your brand identity—be it a name, logo, slogan, or even a sound—and prevents others from using similar marks that could cause confusion.

In 2026, the process is predominantly digital through the IP India portal. Here is a comprehensive guide to navigating the registration.

 

1. Types of Trademarks You Can Register

Before filing, you must identify what you are protecting. Common categories include:

• Word Marks: Specific words, letters, or numbers (e.g., "Google").
• Device Marks: Visual logos or unique designs (e.g., the Nike Swoosh).
• Service Marks: Used by businesses providing services rather than goods (e.g., "Indigo" for airlines).
• Collective/Certification Marks: Used by associations or for quality standards (e.g., "ISI" or "Agmark").
• Unconventional Marks: These include Sound marks (like the Netflix intro), Shape marks (like the Coca-Cola bottle), and even Color marks.

 

2. Step-by-Step Registration Process

The journey from application to registration typically takes 12 to 18 months, provided there are no major hurdles.

Step 1: Trademark Search (Public Search)

Before applying, conduct a search on the IP India Online Database. This ensures your mark isn't identical or "phonetically similar" to an existing one, which is a common cause for rejection.

Step 2: Filing the Application (Form TM-A)

Once you confirm availability, file Form TM-A. You must specify the "Class" of goods/services (based on the NICE Classification, which has 45 classes).

Tip: Upon filing, you can immediately start using the ™ symbol next to your brand.

Step 3: Examination by the Registrar

A Trademark Officer reviews the application to ensure it follows legal guidelines. They may issue an Examination Report if they find:

• Absolute Grounds: The mark is too generic or descriptive.
• Relative Grounds: It is too similar to an existing mark.

Step 4: Show Cause Hearing (If Required)

If the Registrar isn't satisfied with your written response to their objections, you (or your attorney) may need to attend a hearing to argue your case.

Step 5: Publication in the Trademark Journal

If accepted, your mark is published in the Trademark Journal for 4 months. This is a "public notice" period where anyone can file an Opposition.

Step 6: Registration & Certification

If no one opposes it (or you win the opposition), the Registrar issues the Trademark Registration Certificate. You can now use the ® symbol.

 

3. Fee Structure (2026)

Government fees vary depending on the type of applicant. E-filing is 10% cheaper than physical filing.

Applicant Category	E-Filing Fee (per class)	Physical Filing Fee
Individual / Startup / MSME	₹4,500	₹5,000
Body Corporate (Companies/LLPs)	₹9,000	₹10,000

Note: To claim the lower fee, Startups must have a DPIIT Certificate, and MSMEs must have a valid Udyam Registration.

 

4. Required Documents

• Applicant Details: Name, address, and nationality.
• Mark Representation: A high-quality JPEG of your logo.
• Power of Attorney (Form TM-48): If you are hiring an agent or lawyer.
• User Affidavit: If you claim you have been using the mark before the application date.
• Digital Signature Certificate (DSC): Required for the authorized signatory during e-filing.

 

5. Validity and Renewal

A registered trademark is valid for 10 years from the date of application.

• Renewal: You can renew it every 10 years indefinitely by filing Form TM-R.
• Non-Use: If a trademark is not used for 5 years and 3 months, it may be vulnerable to cancellation by a third party.

 

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