Step 1: Do a Trademark Search First
Before you file anything, search the IP India Trademark Database to check if your desired name is already registered or if a similar mark exists.
This is the most skipped step — and the most dangerous to skip. Filing without searching can result in rejection, wasted money, or worse, a legal dispute with an existing brand owner.
Search for:
- The exact name
- Similar-sounding names
- Names with similar meanings
- Names in different scripts (Hindi, regional languages)
Step 2: Choose the Right Trademark Class
Trademarks in India are registered under 45 classes based on the type of goods or services. Choosing the wrong class means your protection is incomplete.
For example:
- Class 25 — Clothing, footwear, headgear
- Class 35 — Advertising, business management services
- Class 41 — Education and training services
- Class 43 — Restaurants, food and beverage services
You can register in multiple classes if your business spans categories. Many businesses make the mistake of registering in just one class and then find their brand is being used by a competitor in a different category they didn’t protect.
Step 3: File Your Trademark Application
The application is filed with the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) under the Trade Marks Act, 1999.
You can file:
- Online through the IP India portal
- Offline at any of the five Trademark Offices (Mumbai, Delhi, Chennai, Kolkata, Ahmedabad)
The government fee for filing is:
- ₹4,500 per class for individuals, startups, and small enterprises
- ₹9,000 per class for companies and large enterprises
Once filed, you get a Trademark Application Number and can immediately use the ™ symbol — which tells the world you’ve claimed the name.
Step 4: Examination and Publication
After filing, the Trademark Registry examines your application. This typically takes 3–6 months. They check:
- Is the mark distinctive?
- Is it identical or confusingly similar to existing marks?
- Does it violate any absolute or relative grounds?
If approved, it is published in the Trade Marks Journal for four months — giving the public a chance to oppose your application if they believe it conflicts with their existing rights.
Step 5: Registration and Certificate
If no opposition is filed (or if opposition is resolved in your favour), your trademark is officially registered. You receive a Trademark Registration Certificate and can now use the ® symbol.
Registration is valid for 10 years from the date of application and can be renewed indefinitely — as long as you keep using the mark and renewing it.