How to Register Brand Name in India?

Step 1 – Conduct a Trademark Search

Before applying, it is essential to check whether a similar trademark already exists. The Indian Trademark Registry maintains an online database where you can search for existing trademarks. A professional trademark search helps you:

• Identify potential conflicts with existing brands
• Reduce the risk of rejection or legal opposition
• Save time and money in the long run
• At SetupFiling.in, our trademark experts conduct a comprehensive search before filing your application to ensure the highest chances of success.

Step 2 – Identify the Correct Trademark Class

India follows the NICE Classification system, which divides all goods and services into 45 trademark classes (Classes 1–34 for goods and Classes 35–45 for services). You must identify the correct class(es) for your business before applying.

For example:

• Class 25 – Clothing, footwear, headgear
• Class 35 – Advertising, business management
• Class 41 – Education and training services
• Class 44 – Medical services, beauty services

Choosing the wrong class can result in inadequate protection. Our professionals at SetupFiling.in guide you in selecting the right class or multiple classes based on your business activities.

Step 3 – Prepare and File the Trademark Application

Once the search is clear and the class is identified, you can file the trademark application with the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM). Applications are submitted online through the IP India portal.

Documents typically required include:

• Applicant’s name, address, and nationality
• Business type (individual, company, LLP, etc.)
• Trademark representation (name, logo, or both)
• List of goods or services under the chosen class(es)
• Signed Form TM-A (the trademark application form)
• User affidavit (if the trademark is already in use)
• Power of Attorney (if filed through a professional)

he government filing fee for trademark registration is ₹4,500 per class for individuals, startups, and small enterprises, and ₹9,000 per class for others.

Step 4 – Examination by the Trademark Registry

After filing, the Trademark Registry examines your application. An examiner reviews it to check for:

• Absolute grounds for refusal (e.g., generic or descriptive terms)
• Relative grounds (e.g., similarity to existing registered trademarks)

If the examiner raises objections, an Examination Report is issued. You typically get 30 days to respond with a legal reply. A well-drafted response can significantly improve your chances of approval. This is where professional guidance makes a real difference.

Step 5 – Publication in the Trademark Journal

If the application passes examination (or after a successful reply to objections), the trademark is published in the Official Trade Marks Journal. This is a public notice that gives third parties 4 months to oppose the registration if they believe it conflicts with their existing rights.

Step 6 – Opposition (If Any)

If a third party opposes your application, an opposition proceeding begins. Both parties get an opportunity to present evidence and arguments. Our trademark attorneys at SetupFiling.in represent clients in such opposition proceedings to protect their brand.

If no opposition is filed within the 4-month window, the trademark proceeds to registration.

Step 7 – Registration Certificate Issued

Once all stages are cleared, the Trademark Registry issues the Registration Certificate. Your brand name is now officially registered. You can legally use the ® symbol next to your brand name anywhere in India.

The trademark remains valid for 10 years from the date of application and can be renewed indefinitely every 10 years.