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.
Trademark registration protects a brand name, logo, slogan or label by filing an application with the Indian Trade Marks Registry. SetupFiling.in assists with trademark search, class selection, TM-A filing, objection support, hearing support and renewal guidance.
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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.
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.
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:
A word mark uses only words, letters, or numbers to represent a brand, without any design
Example:
"TATA", "AMUL", or "AIRTEL"
A device mark is a logo or symbol that represents a brand visually.
Example:
Nike’s swoosh, Apple’s apple logo
A short, catchy phrase that represents the brand’s message.
Example:
“Just Do It” (Nike), “Daag Acche Hain” (Surf Excel)
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
A domain name is a website name that identifies a brand online and can be trademarked if unique.
Example:
flipkart.com, amazon.in
A sound mark protects a unique sound or tune linked to a brand that people recognize by hearing.
Example:
Yahoo! yodel, Intel chime
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.
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.
The ® symbol signals authenticity and credibility to customers, investors, and partners. Registered brands command premium pricing, stronger customer loyalty, and higher business valuations.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
Trade marks are registered for specific goods or services, which are categorised into classes under the Nice Classification system.
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. |
| 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 |
Every day without a trademark is a day your brand is vulnerable. File today and use ™ by tomorrow.
To register a trademark in India, file Form TM-A on the IP India official portal (ipindia.gov.in), pay the applicable government fee, and submit the required documents. The process is fully online.
Step-by-Step Process:
Registration Certificate — If no opposition is filed, the trademark is registered and the ® symbol can be used.
Registering a brand name follows the same trademark registration process. The brand name (word mark) is filed under the relevant Nice Classification class. Ensure the name is distinctive, not descriptive, and not already registered.
To trademark a logo, file Form TM-A as a device mark (logo/image). Upload a clear JPG/PNG image of the logo. If your logo has colours, specify them in the application. Logo trademarks protect the visual design, not just the name.
A trademark certificate is issued automatically by the Trademark Registry after successful registration. You can download the e-certificate from the IP India portal using your application number. Physical certificates are also dispatched by post.
Visit ipindia.gov.in → Trademark Public Search and search by:
This tool is free and open to the public.
A trademark licence (called a Registered User Agreement) allows a third party to use your trademark. File Form TM-U with the Trademark Registry along with the licence agreement. Both exclusive and non-exclusive licences are permitted under the Trade Marks Act, 1999.
The ™ symbol does not require any formal registration. Once you file a trademark application, you can immediately add ™ next to your brand name or logo. The ® symbol can only be used after the trademark is officially registered.
The cheapest way is self-filing online through the IP India portal:
Registering under Udyam (MSME) certification reduces the fee by 50%.
There is no separate examination fee in India. The initial filing fee covers the entire examination process. However, if you file a request for expedited processing (Fast Track), an additional fee applies.
India does not yet have an officially notified expedited/fast-track trademark registration process as a standard offering. However, some IP firms offer prioritised filing assistance. The standard timeline is 18–24 months for full registration.
Using the ™ symbol is completely free — it only requires that you have filed a trademark application. The government fee for filing starts at ₹4,500 per class for individuals/MSMEs.
Yes, using the ™ symbol is free. You don’t need to pay any fee just to use ™. However, to gain legal protection and use the ® symbol, you must complete the registration process and pay the applicable government fee.
Copyright and trademark are different protections. Copyright registration for a logo/artistic work costs approximately ₹500 per work through the Copyright Office (copyright.gov.in). A logo is automatically protected by copyright upon creation, but registration provides evidentiary value.
MSME/Udyam registration is completely free on the Udyam portal (udyamregistration.gov.in). It is also paperless and instant. Having Udyam registration reduces trademark filing fees by 50%.
GST registration is free of cost on the GST portal (gst.gov.in). There is no government fee. Professional/agent charges vary between ₹500–₹3,000.
A registered trademark in India is valid for 10 years from the date of filing. It can be renewed indefinitely for successive 10-year periods by filing Form TM-R and paying the renewal fee.
The complete trademark registration process typically takes 18–24 months in India:
• Filing acknowledgement: Immediate
• Examination Report: 1–3 months
• Journal Publication: 4 months (opposition window)
• Registration Certificate: 2–3 months after opposition period
The ™ symbol can be used immediately after filing.
Yes. Any individual can register a trademark in their personal name in India. You do not need to have a company, LLP, or any registered business entity. Individuals also get the benefit of the lower ₹4,500 fee per class.
Yes, absolutely. Individuals, sole proprietors, and even foreign nationals can apply for trademark registration in India without a company.
Yes. A sole proprietor can register a trademark in India. They are treated at par with individuals and qualify for the concessional fee of ₹4,500 per class
Anyone who uses a brand name, logo, slogan, or distinctive mark in commerce should register a trademark. This includes:
Manufacturers, retailers, and service providers
Yes. A registered trademark can be assigned (sold) to another person or entity under the Trade Marks Act, 1999. File Form TM-P for recording the assignment. The assignment can be with or without the goodwill of the business.
No, trademark registration is not mandatory in India. However, registration provides:
Unregistered marks can still be protected under passing off law, but enforcement is harder.
Document | Details |
Applicant’s ID Proof | Aadhaar, PAN, Passport |
Business Proof | GST certificate, Incorporation certificate, Partnership deed (if applicable) |
Logo/Brand Image | JPEG format, clear representation of the mark |
Udyam Certificate | If claiming MSME/concessional fee |
Power of Attorney (Form TM-48) | If filing through an agent/attorney |
Date of First Use | If claiming prior use of the trademark |
A trademark registration certificate is the official document issued by the Registrar of Trade Marks confirming that a mark has been successfully registered. It contains the registration number, date of registration, class, and validity period. It entitles the owner to use the ® symbol.
A No Objection Certificate (NOC) for trademark use is a written consent from an existing trademark owner allowing another party to use a similar mark. It is commonly required when:
The Trademark Office raises an objection based on a conflicting mark
Symbol | When to Use |
™ (TM) | After filing a trademark application; mark is pending registration |
® (R in circle) | Only after the trademark is officially registered by the Trademark Registry |
Using ® before registration is a legal offence in India.
Yes. You can use the ™ symbol on your logo or name as soon as you file the trademark application. It signals that you claim trademark rights over the mark, even before registration is granted.
Yes, you can use a logo without registration. Copyright protection arises automatically upon creation of an artistic work (including logos). However, without trademark registration, you cannot use ® and may face difficulties enforcing your rights against infringers across India.
No. GST registration is not required to file a trademark application in India. However, if you hire a trademark attorney/agent, they will charge GST (18%) on their professional fees.
Yes. Professional services related to trademark registration (agent/attorney fees) attract 18% GST. The government filing fee itself is exempt from GST.
These are GST-specific questions:
Trade name in GST: A trade name/brand name is optional in GST registration but recommended if you operate under a brand different from your legal entity name.
A trade licence is a local municipal requirement and is not mandatory for GST registration, though GST officers may ask for it as address proof in some cases.
In GST, a brand name refers to a trade name, trademark, or any name used to identify goods or services for commercial purposes. GST on branded goods may vary — some categories attract higher rates for branded products versus unbranded ones.
Form TM-70 is the form used to file a request for a certified copy of any trademark document or entry from the Trademark Registry records. It is used for obtaining official copies of trademark documents for legal or evidentiary purposes.
✅ Quick Reference Summary Table
Topic | Key Fact |
Filing Form | TM-A (online at ipindia.gov.in) |
Fee – Individual/MSME | ₹4,500 per class (online) |
Fee – Company/LLP | ₹9,000 per class (online) |
Validity | 10 years, renewable |
TM symbol allowed | From date of filing |
® symbol allowed | Only after registration |
Time to Register | 18–24 months (full process) |
Mumbai TM Registry | BKC, Bandra East, Mumbai |
Mandatory? | No, but highly recommended |
Can individual apply? | Yes |