Trademark Registration in India

Protect your brand name, logo, and identity across India with a legally registered trademark. SetupFiling.in makes trademark registration simple, affordable, and 100% online — with dedicated expert support at every step.

Chat with Expert

+91 9818209246

File Your Trademark Today

₹ 1999/- + Govt. Fee ₹4,500

Trademark availability search
Application Filing by Attorney
Acknowledgement & TM in 1 day

Trademark Registration in India — Made Simple

Trademark registration is one of the most important legal steps any Indian business owner can take. Whether you’re a solopreneur just starting out, a funded startup scaling rapidly, or an established enterprise with a loyal customer base — protecting your brand through trademark registration is not optional. It is essential. At SetupFiling.in, we’ve helped more than 50,000 businesses across India secure their brand identity, and we’ve compiled this comprehensive guide to answer every question you might have about the trademark registration process in India.

What is Trademark Registration in India?

A trademark is any distinctive sign — a word, name, logo, symbol, slogan, colour combination, or shape — that identifies your goods or services and distinguishes them from competitors. It is your brand’s legal identity.

Trademark registration in India is governed by the Trade Marks Act, 1999 and administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM), commonly known as the Trade Marks Registry under IP India.

Once registered, you gain exclusive rights to use the mark across India, the legal authority to sue infringers, and the ability to license or sell the trademark as a business asset.

💡 Did You Know? Once your trademark application is filed with the IPO, you are legally entitled to use the ™ (trademark) symbol immediately — even before registration is complete. The ® symbol can only be used after the registration certificate is issued.

Types of Trademarks You Can Register

India’s trademark law under the Trade Marks Act, 1999 allows registration of a wide variety of brand identifiers. At setupfiling.in, we handle all trademark types:

Word mark

A word mark uses only words, letters, or numbers to represent a brand, without any design
Example: "TATA", "AMUL", or "AIRTEL"

Device Mark (Logo)

A device mark is a logo or symbol that represents a brand visually.
Example: Nike’s swoosh, Apple’s apple logo

Punchline or Slogan

A short, catchy phrase that represents the brand’s message.
Example: “Just Do It” (Nike), “Daag Acche Hain” (Surf Excel)

Brand Name

A brand name is the name used to identify a company’s products or services. It can be protected as a trademark.
Example: Pepsi, Samsung, Zomato

Domain Name

A domain name is a website name that identifies a brand online and can be trademarked if unique.
Example: flipkart.com, amazon.in

Sound Mark

A sound mark protects a unique sound or tune linked to a brand that people recognize by hearing.
Example: Yahoo! yodel, Intel chime

Benefits of Trademark Registration

A registered trademark is one of the most powerful business assets you can own. Here’s why India’s fastest-growing brands protect their identity first.

Exclusive Legal Ownership

Trademark registration gives you the exclusive right to use your brand name, logo, or slogan across India. You can take legal action against anyone who infringes your mark — no registration, no rights.

Increase Brand Value & Trust

The ® symbol signals authenticity and credibility to customers, investors, and partners. Registered brands command premium pricing, stronger customer loyalty, and higher business valuations.

Protect Brand from get copied

Unregistered brands are extremely vulnerable to copycats. A registered trademark legally blocks competitors from using confusingly similar branding in your business category, protecting your market position.

E-commerce & Platform Protection

Platforms like Amazon, Flipkart, and Meesho require trademark registration to enrol in brand registry programs. Protect your products from listing hijackers and counterfeit sellers instantly.

Intangible Asset for Investment

A registered trademark is a valuable intangible asset on your balance sheet. It can be licensed, sold, or used as collateral for loans, dramatically enhancing your business's fundability and exit value.

Renewable Indefinitely

Unlike patents, trademark registrations in India are valid for 10 years and can be renewed indefinitely for a fraction of the original cost — giving your brand permanent, lifelong protection.

Who Can Apply for a Trade Mark?

Any person or entity claiming to be the proprietor of a trademark may apply. This includes:

💡 MSME Advantage: If you hold an MSME Registration Certificate (Udyam), your government filing fee is ₹4,500 per class instead of ₹9,000. Submit your MSME certificate at the time of filing to claim this benefit.

Fees and Required Documents for Trademark Registration

Trademark Registration Fees

(Professional Fee ₹1999 + Govt Fee ₹4500)

₹ 1,999/-

Trademark Availability Search
Drafting of User Affidavit
Filing of Trademark Application

Documents Required For Trademark Registration

Government fees: You need to pay Govt Fee for Trademark at time of Applicatin filing.

What Cannot Be Registered as a Trademark?

The Trade Marks Act, 1999 prohibits registration of marks that fall under the following categories:

❌ No Distinctive Character
Generic or overly simple signs — e.g., a plain circle or the word “SHOP”.

❌ Purely Descriptive Marks
Words describing the quality or nature of goods — e.g., “SWEET” for confectionery.

❌ Geographical Names
Place names needed by traders to indicate origin — e.g., “DARJEELING” for tea.

❌ Deceptive Marks
Marks that mislead the public — e.g., “CASHMERE” for non-cashmere goods.

❌ Functional Shapes
Shapes resulting from the nature of the goods or necessary for a technical result.

❌ Conflict with Earlier Mark
Identical or similar mark to an existing registered trademark for similar goods/services.

❌ Well-Known Mark Reputation
Marks that take unfair advantage of a well-known brand — e.g., “COCA-COLA” for cleaning products.

❌ Protected Emblems & Flags
National flags, royal crests, and symbols of international organisations like the Red Cross.

❌ Against Public Morality
Scandalous, offensive, or illegal content unacceptable to a reasonable person.

Trademark Registration Process in India

Online Trademark Registration in India can be intricate, involving numerous steps and government procedures. At SetupFiling.In, we simplify this process. Here’s a breakdown of how we can assist you:

Step 1. Trademark Search:

Please begin the process by providing us with the necessary information about your desired trademark and industry. Our experts will conduct a thorough search of the trademark database to determine its availability. When we find an available brand, we proceed to the next step.

Step 2. Class Selection and Document Collection:

Our professional experts will assist you in selecting the most appropriate class or classes to cover all aspects of your business. Concurrently, you can start uploading the documents needed for online trademark registration.

Step 3. Trademark Application Filing:

Our expert team will review your documents to ensure their accuracy and completeness. We then fill out the trademark application form on your behalf, ensuring that all necessary documents are submitted correctly. Throughout the process, we maintain transparency and keep you informed by monitoring Trademark Registry notifications until the trademark or brand name registration is complete.

Congratulations! Once the application is submitted, you can begin using the ™ symbol.

Step 4. Trademark Examination:

The application is assigned to a Trademark Officer (TMO) for review. Depending on the registry’s backlog, this examination is typically completed within 3 to 6 months of filing. The TMO evaluates the mark’s compliance with legal standards and issues an examination report. The examination report may either accept the application or raise objections.

Grounds for Objection:

Absolute Grounds (Section 9):
- Trademarks that are devoid of distinctive character.
- Marks that consist exclusively of descriptive terms or common symbols.
- Marks that may deceive or cause confusion among consumers.
Relative Grounds (Section 11):
- Trademarks that are similar or identical to existing registered marks for similar goods/services.
- Marks that could mislead consumers about the origin of goods/services due to their similarity to existing trademarks.

Response to Examination Report

If objections are raised, applicants must respond within 30 days from receipt of the examination report. Failure to do so may result in abandonment of the application. Responses should address each objection raised, providing justifications or amendments as necessary.

Step 5. Trademark Publication:

In India, once a trademark application passes the examination stage without any objections or if any objections are resolved, it is published in the Trademark Journal. This publication allows for public scrutiny and allows third parties to oppose the registration if they believe the mark infringes upon their rights. The opposition period lasts for 4 Months from the date of publication. If no opposition is filed within this period, the trademark proceeds to registration.

Step 6. Issuance of Trademark Registration certificate:

If there are no oppositions, or if oppositions are resolved in your favor, the trademark is registered, and a registration certificate is issued. Once the trademark registration certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The ® symbol can now be placed next to the logo or text.

How Long Does Trademark Registration Take in India?

The entire Trademark Registration Process in India — from application filing to receipt of the registration certificate — currently takes between 18 and 36 months on average, depending on backlog at the IPO and whether any objections or oppositions arise. However, it’s important to note that you can legally use the ™ symbol and enforce your trademark rights from the date of filing itself. The registration certificate merely confirms and formalises those rights retrospectively from the application date.

Trademark Registration Validity and Renewal

A registered trademark in India is valid for 10 years from the date of application. It can be renewed indefinitely for successive periods of 10 years by paying the renewal fee before expiry. SetupFiling.in’s Renewal Reminder Service ensures you never miss a renewal deadline. An application for renewal can be filed up to 6 months before the expiry date, and a grace period of 6 months is available after expiry (with a surcharge).

Difference Between ™ & ® Symbols

Trademark

This symbol indicates that a word, logo, or phrase is being applied as a trademark by a business or individual. It can be used without any formal registration. Essentially, it signals that the owner considers the mark to be their unique identifier and is asserting their rights over it.
Example - The brand Amul™ often uses the ™ symbol to indicate that their slogan “The Taste of India™” is a trademark, even if it might not be registered.

Registered Trademark

This symbol is used once a trademark has been officially registered with the relevant government trademark office, such as the Intellectual Property India Office. It provides legal protection and signifies that the trademark is officially recognized and protected under trademark law.
Example: The brand Tata® uses the ® symbol to show that their name and logo are registered trademarks, providing them with legal protection.

45 Trademark Classes — We Cover Them All

Trade marks are registered for specific goods or services, which are categorised into classes under the Nice Classification system.

Classes 1–34: Goods
Classes 35–45: Services

Selecting the correct class and accurately describing goods or services is essential for effective protection.

Classes	Class Description
Class 1	Chemicals used in industry and science; unprocessed artificial resins, unprocessed plastics; adhesives; chemical substances for agricultural use.
Class 2	Paints, varnishes, lacquers; preservatives against rust and deterioration of wood; coloring matters, dyes, and inks.
Class 3	Cleaning, polishing, scouring, and abrasive preparations; soaps; perfumery; cosmetics and haircare products; essential oils.
Class 4	Industrial oils and greases; lubricants; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
Class 5	Pharmaceutical and veterinary preparations; sanitary products; dietetic food and substances; baby food; medical plasters; disinfectants; fungicides.
Class 6	Common metals and their alloys; metal building materials; transportable buildings of metal; non-electric cables and wires of metal; small hardware items.
Class 7	Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components; agricultural implements.
Class 8	Hand tools and implements (manually operated); cutlery; side arms; razors and shaving instruments.
Class 9	Scientific, nautical, and surveying instruments; photographic and cinematographic apparatus; measuring devices; computers and software; fire-extinguishing apparatus.
Class 10	Medical and surgical instruments and apparatus; orthopedic articles; suture materials; therapeutic and diagnostic equipment.
Class 11	Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.
Class 12	Vehicles; apparatus for locomotion by land, air, or water, including automobiles, bicycles, and aircraft.
Class 13	Firearms; ammunition and projectiles; explosives; fireworks and related devices.
Class 14	Precious metals and their alloys; jewelry; precious stones; horological and chronometric instruments such as watches and clocks.
Class 15	Musical instruments; cases and accessories for musical instruments.
Clss 16	Paper, cardboard, and goods made from these materials; printed matter; office supplies; stationery; adhesives for stationery; artists’ materials.
Class 17	Rubber, gutta-percha, gum, asbestos, and mica; plastics in extruded form for use in manufacturing; insulation materials; non-metallic flexible pipes.
Class 18	Leather and imitations of leather; animal skins; luggage, bags, and wallets; umbrellas, parasols, and walking sticks.
Class 19	Non-metallic building materials; rigid pipes not of metal; asphalt, pitch, and bitumen; non-metallic transportable buildings.
Class 20	Furniture; mirrors; picture frames; goods made of wood, cork, cane, and substitutes; plastic and resin furniture items.
Class 21	Household or kitchen utensils; combs and sponges; brushes (except paint brushes); glassware, porcelain, and earthenware items.
Class 22	Ropes, string, nets, tents, tarpaulins, sails; padding and stuffing materials (except rubber or plastics); raw fibrous textile materials.
Class 23	Yarns and threads for textile use.
Class 24	Textiles and textile goods; bed covers; table covers; curtains; fabric materials.
Class 25	Clothing, footwear, headgear including apparel for men, women, and children.
Class 26	Lace, embroidery, ribbons, and braid; buttons, hooks and eyes, pins, and needles; artificial flowers; hair decorations.
Class 27	Carpets, rugs, mats, and matting; linoleum and other materials for covering floors; wall hangings (non-textile).
Class 28	Games and playthings; gymnastic and sporting articles; decorations for Christmas trees.
Class 29	Meat, fish, poultry, and game; meat extracts; preserved, frozen, dried, and cooked fruits and vegetables; dairy products; edible oils and fats.
Class 30	Coffee, tea, cocoa, sugar, rice, tapioca, flour and preparations made from cereals, bread, pastry, and confectionery; ice cream; honey, treacle; yeast, baking powder; salt; mustard; vinegar; sauces (condiments); spices; ice.
Class 31	Raw and unprocessed agricultural, aquacultural, horticultural, and forestry products; unprocessed grains and seeds; fresh fruits and vegetables; natural plants and flowers; foodstuffs for animals; malt.
Class 32	Beers; mineral and aerated waters; non-alcoholic beverages; fruit beverages and fruit juices; syrups and preparations for making beverages.
Class 33	Alcoholic beverages (excluding beers); wines, spirits, and liqueurs.
Class 34	Tobacco; smokers’ articles; matches; electronic cigarettes and related items.
Class 35	Services including advertising, business management, business administration, office functions, retail and wholesale services, and marketing.
Class 36	Insurance; financial services; monetary transactions; real estate affairs including investment, leasing, and management services.
Class 37	Construction services; repair and maintenance of buildings, vehicles, and machinery; installation services for systems, appliances, and other equipment.
Class 38	Telecommunications services, including the transmission of voice, data, and messages; broadcasting of radio, television, and digital media.
Class 39	Transport of goods and people; packaging and storage services; travel arrangement and logistics management.
Class 40	Treatment of materials including custom manufacturing, recycling, metal treatment, textile processing, and printing services.
Class 41	Education and training services; entertainment; sporting and cultural activities including live performances, publishing, and event management.
Class 42	Scientific and technological services; industrial analysis and research; design and development of computer hardware and software.
Class 43	Services for providing food and drink; temporary accommodations including hotels, cafes, and catering services.
Class 44	Medical and veterinary services; hygienic and beauty care for people and animals; agriculture, aquaculture, and forestry services.
Class 45	Legal services; security services for the protection of property and individuals; personal and social services provided to meet the needs of individuals.

Trademark vs. Copyright vs. Patent

IP Type	Protect	Duration	Registration body
Trademark	Brand names, logos, slogans	10 years (renewable)	Trade Marks Registry
Copyright	Creative works (art, music, literature)	Life of author + 60 years	Copyright Office
Patent	Inventions and innovations	20 years (non-renewable)	Patent Office
Design	Aesthetic appearance of a product	10 years (renewable)	Design Registry

Your Brand Deserves Legal Protection Today

Every day without a trademark is a day your brand is vulnerable. File today and use ™ by tomorrow.

+91 9818209246

Frequently asked questions (FAQs)

What is Trademark Registration?

Trademark registration is a legal process that gives exclusive rights to a brand name, logo, or symbol. It helps protect your business identity and prevents others from using similar marks.

How can I register a trademark in India?

You can register a trademark by:

Conducting a trademark search
Filing an application (online/offline)
Examination by the authority
Publication in the journal
Final registration

What is the cost of trademark registration in India?

The government fee is ₹4,500 for individuals/startups and ₹9,000 for companies per class. Professional fees may vary depending on the service provider.

How long does trademark registration take?

Trademark registration usually takes 12 to 24 months, depending on objections, oppositions, or approval speed.

Can I use ™ before registration?

Yes, you can use the ™ symbol immediately after applying. The ® symbol can only be used after the trademark is officially registered.

What documents are required for trademark registration?

Common documents include:

Identity proof (Aadhaar/PAN)
Logo (if applicable)
Business details
MSME/Startup certificate (optional for lower fees)

Who can apply for trademark registration?

Any individual, startup, company, LLP, or freelancer can apply for trademark registration in India.

Is GST required for trademark registration?

No, GST registration is not mandatory. Individuals and freelancers can also apply without GST.

What happens after filing a trademark application?

After filing:

You receive an application number
The application is examined
It is published in the journal
If no objections arise, it gets registered

How to register trademark in india online?

Here’s the quick version:

Go to the official Controller General of Patents Designs and Trademarks website.
Create an account (if new user).
Do a trademark search to check availability.
Fill and submit Form TM-A online.
Upload required documents (logo, ID, business proof).
Pay the government fee online.
Get acknowledgment (™ can be used).
Track status until approval and registration (® after approval).

How to check trademark registration status?

You can track your application status online using the application number on the IP India portal.

What rights do I get after trademark registration?

You get exclusive rights to use the trademark and can take legal action against unauthorized use or infringement.

How long is a trademark valid in India?

A registered trademark is valid for 10 years and can be renewed indefinitely.

What happens if trademark renewal is missed?

If not renewed, the trademark may be removed. However, you can restore it within a specific time by paying additional fees.

Can I register a trademark without a company?

Yes, individuals can register a trademark in their own name without having a registered company.

Can I trademark my business name or logo?

Yes, you can register both your business name and logo separately or together under trademark law.

Why do trademark applications get rejected?

Common reasons include:

Similar existing trademarks
Wrong classification
Lack of uniqueness
Incomplete documentation

Can I register a trademark myself?

Yes, you can file it yourself, but professional help reduces chances of rejection and speeds up the process.

How to get Trademark?

To get a trademark, the process is straightforward:

Choose a unique name/logo (make sure it’s not already taken).
Search existing trademarks in your country’s database.
File an application with the official trademark office (online).
Pay the fee and submit required details.
Wait for examination & approval (may take months).
Respond to objections if any, then get registration.

In India, you apply through the Controller General of Patents Designs and Trademarks website.

How to register a logo trademark?

Go to the Controller General of Patents Designs and Trademarks website.
Create/login to your account.
Do a logo search (Vienna Code search for images).
Fill Form TM-A and select “Device Mark (Logo)”.
Upload a clear image of your logo (JPEG).
Choose the correct trademark class.
Pay the fee and submit.
Use ™ after filing; ® after approval.

How much does it cost to trademark a name for a business?

Government fee (India):
₹4,500 (individual/startup/MSME) or ₹9,000 (company/LLP) per class
Your ₹1999 fee:
That’s your professional/service charge, not the government fee.

How to trademark a name and logo?

Go to the Controller General of Patents Designs and Trademarks website.
Search availability for both name + logo.
File separate or combined application in Form TM-A:
- Word mark (name)
- Device mark (logo)
Upload logo image + enter business/name details.
Choose correct trademark class(es).
Pay fee (per application, per class).
Submit and get ™ (use ® after approval).

How to get trademark registered?

Go to the Controller General of Patents Designs and Trademarks portal.
Search availability of your name/logo (to avoid conflicts).
File Form TM-A online with details of the mark, owner, and class.
Upload documents (logo if any, ID, business proof).
Pay the government fee (per class).
Your application is examined by the department.
If accepted, it’s published in the Trademark Journal.
If no one opposes within ~4 months, it gets registered.
You receive the certificate → now you can use ®.

⏱️ Timeline: usually 12–24 months (can vary)

How to file trademark objection reply?

Go to the Controller General of Patents Designs and Trademarks portal.
Check the Examination Report to see the objection (e.g., Section 9 or 11).
Draft a written reply explaining why your trademark should be accepted.
Attach supporting documents (usage proof, invoices, website, logo meaning, differences from cited marks).
File the reply online using “Reply to Examination Report” option.
Submit within 30 days of the report.
Attend a hearing if the examiner asks.

How to apply for trademark?

Go to the Controller General of Patents Designs and Trademarks website.
Do a trademark search to check availability.
Fill and submit Form TM-A online.
Enter details (owner name, business type, mark/name/logo, class).
Upload required documents (logo, ID, business proof).
Pay the government fee (per class).
Submit the application and get acknowledgment (™ can be used).
Track status until approval (® after registration).

How to renew trademark in India?

Go to the Controller General of Patents Designs and Trademarks portal.
Log in and search your registered trademark number.
File Form TM-R (Renewal form) online.
Select the trademark and confirm renewal details.
Pay the renewal fee.
Submit the application.
The trademark is renewed for another 10 years.