Procedure for Registration of Trademark in India – Step-by-Step Guide

Understand the complete procedure for registration of trademark in India — from trademark search to certificate issuance. SetupFiling.in, backed by Chartered Accountants, Company Secretaries & Trademark Attorneys with 15+ years of expertise, has helped 50,000+ entrepreneurs register their brands the right way.

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The procedure for registration of trademark in India is governed by the Trade Marks Act, 1999, and is administered entirely online through the IP India portal. While the process may look complex on paper, it follows a clear, defined sequence of stages — from searching for conflicting marks to receiving the final registration certificate. This guide walks you through each stage of the trademark registration procedure, the timelines involved, and how SetupFiling.in's experts manage the entire process on your behalf.

Overview of the Trademark Registration Procedure

Broadly, the procedure for registration of trademark involves seven key stages: trademark search, class selection, application filing, application number generation, examination by the Registrar, publication in the Trademark Journal, and finally, issuance of the registration certificate. The entire process, from filing to final registration (assuming no objections or oppositions), typically takes 12 to 18 months, though the application number and ™ usage rights are available immediately after filing.

Before starting, it helps to understand the basics — read our guide on meaning and types of trademarks to identify which kind of mark (word, logo, sound, etc.) applies to your brand.

Step-by-Step Procedure for Registration of Trademark

Step 1: Conduct a Comprehensive Trademark Search

Before filing, a thorough search is conducted on the IP India trademark database to check whether an identical or deceptively similar mark already exists in the relevant class. This step significantly reduces the risk of objection or opposition later in the procedure.

Step 2: Identify the Correct Trademark Class

Every trademark application must be filed under one or more of the 45 classes of the NICE Classification, covering goods (Classes 1–34) and services (Classes 35–45). Selecting the correct class ensures your brand is protected for the right goods or services.

Step 3: Prepare and File Form TM-A

The trademark application is prepared on Form TM-A with details such as the applicant's name, address, type of entity, the mark (word/logo), goods or services, and date of first use (if applicable). The form is filed electronically along with the prescribed government fee.

Step 4: Receive the Trademark Application Number

Once filed, an application number is generated instantly. From this point, the applicant can use the ™ symbol with the brand and track the application status on the IP India website using this number.

Step 5: Examination by the Trade Marks Registry

A Trademark Examiner reviews the application for compliance with the Trade Marks Act and checks for conflicts with existing marks. If there are no issues, the application proceeds to publication. If issues are found, an examination report is issued, requiring a response — see our trademark objection reply service for assistance.

Step 6: Publication in the Trademark Journal

Once cleared by the Examiner, the mark is published in the Trademark Journal for a period of 4 months. During this time, any third party can file an opposition if they believe the mark conflicts with their own rights. If an opposition is filed, a trademark hearing may follow.

Step 7: Registration and Certificate Issuance

If no opposition is filed within the publication period, the Registrar proceeds to register the trademark and issues a Registration Certificate bearing the ® symbol. The registration is valid for 10 years from the date of the original application and can be renewed thereafter.

Once registered, mark your calendar — registrations need to be renewed before expiry. Learn more about the process in our trademark renewal online guide.

Documents Required for the Trademark Registration Procedure

  • Name, logo, or tagline to be registered (image file for logo marks)
  • Applicant details — individual, proprietorship, partnership, LLP, or company
  • Identity proof of the applicant (PAN/Aadhaar)
  • Business registration proof (Certificate of Incorporation, GST Certificate, or Udyam/MSME certificate)
  • Signed Power of Attorney (Form TM-48) authorising the trademark agent or attorney
  • Proof of prior use of the mark, if applicable (invoices, packaging, website screenshots)

If you're registering your trademark alongside setting up a new business, you may also need a company registration or GST registration to support your application documents.

Cost Involved in the Trademark Registration Procedure

The total cost of completing the Trademark Registration procedure includes the government filing fee and the professional fee for handling the search, drafting, and filing on your behalf. Here's SetupFiling.in's transparent pricing:

Trademark Registration Procedure – Pricing (Per Class)

SetupFiling.in Professional FeeRs. 2,000
Government Fee (Trade Marks Registry, per class)*Rs. 4,500
Total Cost (Approx.)Rs. 6,500

*Government fee of Rs. 4,500 per class applies to individuals, sole proprietors, startups, and MSMEs filing electronically with a valid Udyam/MSME certificate. For other entities, the government fee is Rs. 9,000 per class. Fees mentioned are for filing in one trademark class; additional classes are charged separately at the same rate.

For a complete breakdown of fees by applicant type, read our trademark registration fees guide.

Common Mistakes to Avoid During the Trademark Registration Procedure

  • Skipping the trademark search: Filing without checking for similar existing marks often leads to objections or oppositions
  • Choosing the wrong class: Filing under an incorrect class leaves your actual goods/services unprotected
  • Using generic or descriptive marks: Marks that merely describe the product or service often face objections under Section 9 of the Trade Marks Act
  • Missing the publication window: Not monitoring the Trademark Journal during the 4-month publication period can result in missing an opposition notice
  • Forgetting renewal deadlines: Registered trademarks must be renewed every 10 years to remain valid

Why Choose SetupFiling.in for Your Trademark Registration Procedure?

  • 15+ years of combined expertise from Chartered Accountants, Company Secretaries, and Trademark Attorneys
  • 50,000+ businesses assisted across India with registration and compliance services
  • End-to-end procedure management — search, filing, tracking, objection replies, and hearings
  • 100% online process with transparent, all-inclusive pricing
  • Dedicated support over call and WhatsApp throughout the procedure

Frequently Asked Questions on the Procedure for Registration of Trademark

1. What are the main steps in the trademark registration procedure?

The main steps are: trademark search, selection of the correct class, filing Form TM-A, generation of the application number, examination by the Registrar, publication in the Trademark Journal, and issuance of the registration certificate if no opposition is filed.

2. How long does the entire trademark registration procedure take?

The application number is generated instantly after filing, but the full procedure — including examination and the 4-month publication period — typically takes 12 to 18 months if there is no objection or opposition.

3. Is a trademark search compulsory before filing the application?

A trademark search is not legally compulsory, but it is strongly recommended as part of the procedure, since it helps identify conflicting marks in advance and significantly reduces the chance of objection or opposition.

4. What happens after the trademark application is published in the Journal?

After publication, the mark remains open for opposition for 4 months. If no third party files an opposition during this period, the Registrar proceeds to issue the trademark registration certificate.

5. Can the trademark registration procedure be completed entirely online?

Yes, the entire procedure, from filing Form TM-A to tracking the application status and receiving the registration certificate, can be completed online through the IP India portal without visiting any office.

6. What is the role of the Trademark Examiner in the procedure?

The Trademark Examiner reviews the application for compliance with the Trade Marks Act and checks for conflicts with existing registered or pending marks. Based on the findings, the Examiner either accepts the mark for publication or raises an objection.

7. Do I need a trademark attorney to complete the registration procedure?

While not mandatory for Indian applicants, working with a trademark attorney helps ensure correct class selection, proper drafting of the application, and effective handling of objections or hearings if they arise during the procedure.

Let Experts Handle Your Trademark Registration Procedure

From trademark search to certificate issuance, setupfiling.in's team of Chartered Accountants, Company Secretaries, and Trademark Attorneys manages the entire procedure for you — online, transparent, and affordable.

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