A trademark is the single cheapest piece of brand insurance you will ever buy. It turns your name, logo or tagline into a legally enforceable asset — one you can defend against copycats, license, or sell. Yet thousands of Indian businesses operate for years on an unregistered name, only to discover a competitor has registered it first. This guide explains exactly how trademark registration works in India in 2026, what it costs, and how long it takes.
What is a trademark?
A trademark is any sign capable of distinguishing the goods or services of one business from another — a brand name, a logo, a tagline, a distinctive packaging shape, even a sound. In India, trademarks are governed by the Trade Marks Act, 1999 and administered by the Office of the Controller General of Patents, Designs and Trade Marks (the "Trade Marks Registry").
Once registered, you may use the ® symbol, and you gain the exclusive right to use the mark for the goods or services in your registered class — plus the right to sue for infringement.
Step 1 — Run a trademark search
Before spending a rupee on filing, search whether your mark (or a confusingly similar one) is already taken. The Trade Marks Registry offers a free public search on its portal, where you search by the wordmark and the relevant class.
Step 2 — Choose the right class
Trademarks are registered against one or more of the 45 classes of the Nice Classification (classes 1–34 cover goods, 35–45 cover services). You must file in the class that matches your actual goods or services. A restaurant files in class 43; software in class 42; clothing in class 25.
Step 3 — File the application (Form TM-A)
The application is filed online as Form TM-A, with the applicant details, the mark, the class(es), and a statement of the goods/services. The government fee depends on the applicant: individuals, startups and MSMEs pay a reduced fee per class; companies pay the standard fee.
The moment you file, you may begin using the ™ symbol next to your mark — even before registration is granted.
Step 4 — Examination and objections
The Registry examines the application and issues an examination report. It may raise objections — most commonly under Section 9 (the mark is descriptive or non-distinctive) or Section 11 (it conflicts with an earlier mark). You must file a written reply, and may be called to a hearing.
A well-argued reply, supported by evidence of use and distinctiveness, overcomes most objections. This is where experienced counsel earns its fee.
Step 5 — Publication and registration
Once objections are cleared, the mark is published in the Trade Marks Journal. The public has four months to oppose it. If no one opposes — or you defeat the opposition — the Registry issues the registration certificate.
Documents you will need
- Applicant’s PAN and identity/address proof (or certificate of incorporation for a company/LLP)
- The logo or wordmark (a clear image, if it is a device mark)
- Details of the goods/services and the class
- Date of first use of the mark (if already in use)
- For startups/MSMEs claiming the reduced fee: the Udyam/startup recognition certificate
- A signed Power of Attorney (Form TM-48) if filing through an attorney
Cost and timeline
The government fee is charged per class. Professional fees vary by provider. As a rule of thumb: you can use ™ on the day you file; full registration takes roughly 12–18 months if there are no objections or oppositions, and longer if there are. A registered trademark is valid for 10 years and is renewable indefinitely.
“The best time to register your trademark was the day you chose your brand name. The second best time is today — before someone else does.”
Frequently asked questions
Can I use ™ before registration?
Yes. The ™ symbol can be used as soon as you file (or even before, to assert a claim). The ® symbol may only be used after the mark is registered.
How long does trademark registration take in India?
Typically 12–18 months from filing to certificate if there are no objections or oppositions. You can use ™ immediately on filing.
How long is a registered trademark valid?
Ten years from the date of application, renewable indefinitely in further 10-year blocks.
Can an individual register a trademark?
Yes. Individuals, proprietorships, partnerships, LLPs and companies can all own a trademark. Individuals, startups and MSMEs pay a reduced government fee.