Procedure for Registration of Trademark in India: Complete Step-by-Step Guide

Most business owners know they should register their brand name, but very few understand what actually happens after an application is filed. The procedure for registration of trademark in India is a multi-stage process governed by the Trade Marks Act, 1999, running from the initial availability search all the way through examination, public objection, and final certificate issuance. Knowing each stage helps you set realistic expectations and respond correctly if an objection or opposition arises along the way.

Setupfiling.in is an online professional business services platform founded by experienced Chartered Accountants, Company Secretaries, and Trademark Attorneys with 15+ years of combined expertise. We have helped 50,000+ entrepreneurs and businesses across India file trademark applications, respond to examination objections, and see their marks through to registration.

This guide walks through the complete trademark registration procedure step by step, explains the timeline at each stage, covers what happens if your application is objected to or opposed, and shows how to get started with Setupfiling.in.

Procedure for Registration of Trademark in India: Step-by-Step

The complete procedure involves seven distinct stages. Here is what happens at each one.

1. 1

   Trademark Availability Search

   Before filing, a search is conducted on the Trademark Registry database to check whether an identical or deceptively similar mark already exists in your relevant class. This step is not legally mandatory, but skipping it is the single most common reason applications later face objections or opposition.

   Typical timeline: 1-2 days
2. 2

   Selecting the Correct Trademark Class

   Goods and services are divided into 45 classes under the NICE Classification. Classes 1 to 34 cover goods and classes 35 to 45 cover services. Your protection only extends to the classes you actually register under, so choosing correctly is critical.

   Decided before filing
3. 3

   Filing the Application (Form TM-A)

   The application is filed online with the Trademark Registry using Form TM-A, along with applicant details, the mark, the class, the list of goods or services, and a user affidavit where prior use is claimed. If a trademark agent or attorney files on your behalf, Form TM-48 (power of attorney) is filed alongside.

   Acknowledgement usually issued same day
4. 4

   Examination by the Registrar

   A Trademark Examiner reviews the application and issues an Examination Report. The mark may be objected to under Section 9 (absolute grounds, such as lack of distinctiveness) or Section 11 (relative grounds, such as similarity to an existing mark). If no objection is raised, the application proceeds directly to publication.

   Typically a few months after filing
5. 5

   Reply to Examination Report & Hearing

   If an objection is raised, a written reply with supporting arguments and evidence must be filed within 30 days of the Examination Report. Failing to reply within this window can result in the application being treated as abandoned. If the Examiner is not satisfied with the written reply, a hearing is scheduled.

   30-day deadline to reply
6. 6

   Publication in the Trademark Journal

   Once accepted, the mark is published in the Trademark Journal for a period of four months. During this window, any third party who believes the mark conflicts with their own rights can file an opposition. If an opposition is filed, it is contested through a formal proceeding before the Registry.

   4-month opposition window
7. 7

   Registration Certificate Issued

   If no opposition is filed within the four-month window, or any opposition is successfully resolved in your favour, the Registry issues the trademark registration certificate. Your mark is now registered, and you can use the ® symbol alongside it.

   Valid 10 years, renewable

Objection vs Opposition: What's the Difference?

These two terms are often confused, but they happen at different stages of the procedure and involve different parties.

Information We Require for Trademark Application Filing

Keep the following details ready before you place your order. Forms TM-48 and TM-A are drafted by our team.

• Applicant / Authorised Signatory Name
• Applicant / Authorised Signatory Father's Name
• Applicant / Authorised Signatory Address
• Name of Company (if any)
• MSME Registration Certificate (if any)
• Trademark Logo in JPEG Format (if any)
• List of Products or Services
• Trademark Class
• Date of First Use (if already in use)
• Company Email ID and Mobile Number

Why Businesses Choose Setupfiling.in

Setupfiling.in is built by Chartered Accountants, Company Secretaries, and Trademark Attorneys who guide you through every stage of the procedure, including replying to examination objections and handling oppositions, so your application does not lapse on a missed deadline.

Frequently Asked Questions: Trademark Registration Procedure