Trademark Registration in India
Protect your business identity through trademark registration for eligible names, brands, logos, symbols and other forms of marks under India's Trade Marks framework.
From Brand Idea to Registration
What Is a Trademark?
A trademark is a mark capable of distinguishing the goods or services of one person from those of others. Depending on the circumstances, it may include words, names, logos, devices, shapes, colours or sounds.
Brand Name
A distinctive word or combination of words used to identify your goods or services.
Logo / Device
A graphical representation, logo, label, symbol or device may be protected as a mark.
Other Forms
The application framework also provides for categories such as colour, three-dimensional and sound marks.
Why Consider Trademark Registration?
Registration can provide important statutory rights in relation to the registered mark, subject to the applicable law and scope of registration.
Brand Identity
Establish a formal record for the registered mark.
Legal Rights
Registration provides statutory rights subject to the Trade Marks Act and applicable limitations.
Business Asset
A trademark can form part of a business's intellectual property portfolio.
Licensing Opportunities
Registered intellectual property may support licensing and commercial arrangements.
What Can You Register?
The official TM-A application provides different categories of marks. The appropriate category depends on what you intend to protect.
Word Mark
Words, letters, numerals or combinations represented in standard character form.
Device / Logo Mark
Logos, labels, monograms, graphical devices and other visual representations.
Colour Mark
A combination of colours where distinctiveness is claimed in accordance with applicable requirements.
Three-Dimensional Mark
Certain shapes or packaging may qualify as a three-dimensional trademark.
Sound Mark
Eligible sound trademarks can be applied for under the prescribed framework.
Series Mark
Series trademark applications may be available where the statutory requirements are satisfied.
Choose the Correct Trademark Class
Trademark protection is linked to the goods or services specified in the application. Selecting the appropriate Nice class is therefore an important filing step.
Goods Classes
Classes 1 to 34 cover goods under the Nice Classification system.
Service Classes
Classes 35 to 45 cover services under the Nice Classification system.
Class Selection
The actual class should match the goods or services for which the mark is used or intended to be used.
Search Existing Trademarks
Before filing, IP India recommends searching existing trademarks and assessing possible similarity or conflicts.
A search should consider the proposed word, relevant class and potentially similar marks. A search result does not by itself guarantee registration.
Search Checklist
✓ Search exact proposed brand name
✓ Search similar spellings
✓ Check phonetic similarities
✓ Check relevant trademark classes
✓ Review potentially conflicting marks
✓ Consider existing applications and registrations
Information & Documents Generally Required
Exact requirements depend on the applicant, mark, filing category and circumstances of the application.
Form TM-A
TM-A is the principal application form for registration of a trademark for goods or services under the current Trade Marks Rules framework.
Applicant Details
Name, address, nature of applicant and service details.
Trademark Details
Representation, category, description and other relevant mark information.
Class & Specification
Goods/services class and detailed specification for which registration is sought.
Current TM-A E-Filing Fee
The following is the current official IP India fee displayed for a standard trademark registration application. The fee is charged per class and per mark.
The official IP India fee schedule currently lists ₹4,500 for e-filing where the applicant is an Individual, Startup or Small Enterprise.
The official IP India fee schedule currently lists ₹9,000 for e-filing in other applicant categories.
Step-by-Step Trademark Registration
This follows the current filing workflow published by the Office of the Controller General of Patents, Designs & Trade Marks.
Search Existing Trademarks
Search existing marks and assess possible similarities and conflicts.
Select the Correct Class
Identify the appropriate Nice class or classes for your goods or services.
Confirm Applicant Category
Determine whether the applicant is an individual, startup, small enterprise or another category.
Prepare Information
Prepare applicant details, trademark representation, goods/services description and supporting documents.
File Form TM-A
File the trademark application through the official IP India e-filing system and pay the prescribed fee.
Track Application
Monitor the application status through the official trademark system.
Examination
The Registry examines the application. An examination objection may arise depending on the application.
Reply / Hearing if Required
If an objection is raised, the applicant may need to submit a response or attend a hearing.
Trade Marks Journal
Accepted applications may be published in the Trade Marks Journal.
Opposition Period
Third parties may oppose a published application within the statutory period.
What Can Happen After Filing?
Filing an application does not automatically mean that the trademark will be registered. The application passes through the applicable statutory process.
Examination
The Registry examines the application under the applicable provisions.
Objection
An examination report may raise objections that require a response.
Hearing
A hearing may be scheduled where required by the examination process.
Journal Publication
An accepted application may be published in the Trade Marks Journal.
Opposition
Third parties may oppose within the statutory period after publication.
Registration
If the application successfully completes the statutory process, registration can be granted.
Trademark Renewal
A registered trademark is generally registered for a period of ten years and may be renewed in accordance with the applicable law and prescribed procedure.
Trademark owners should monitor the renewal period and keep ownership and address details appropriately updated.
Ten-Year Registration Term
The registration term is generally ten years, subject to renewal under the Trade Marks Act and applicable rules.
Keep renewal dates under review.
How Aira Consultancy Services Can Assist
ACS can assist with the administrative and documentation aspects of trademark registration and related business intellectual-property requirements.
Trademark Search
Assistance with preliminary searches and identifying potentially relevant existing marks.
Class Selection Support
Assistance in identifying relevant goods or service classes based on the proposed business activity.
Application Preparation
Assistance with preparing the information required for the trademark application.
Document Review
Review of basic application information and supporting documents.
E-Filing Assistance
Assistance with the prescribed online filing process through the official system.
Application Tracking
Assistance in understanding application status, examination stages and procedural next steps.
Trademark Registration Official Links
Use official IP India resources for filing, searching, forms, fees, rules and application tracking.
IP India
Official website of the Office of the Controller General of Patents, Designs & Trade Marks.
Open IP India ↗Trademark Public Search
Search existing trademarks before deciding on your proposed mark.
Search Trademarks ↗IP India E-Services
Access the official e-filing and electronic services provided by IP India.
Open E-Services ↗Ready to Protect Your Brand?
Get assistance with trademark search, class selection, application preparation, documentation and the official filing process.
Disclaimer: Aira Consultancy Services is an independent consultancy and is not the Government of India or the Trade Marks Registry. Trademark registration is subject to the Trade Marks Act, 1999, Trade Marks Rules, 2017, examination, opposition and other applicable procedures. Government fees and procedures may change. Verify current information on the official IP India website before filing.
