Trademark Registration in India

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Reviewed by Pundreek Pandey Co-Founder & Compliance Expert, SetupFiling.in

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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?

Trademark registration in India is the legal process of registering a brand name, logo, slogan, or other distinctive mark with the Trade Marks Registry under the Trade Marks Act, 1999, administered by the CGPDTM (Office of the Controller General of Patents, Designs & Trade Marks).

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.

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:

Individuals
Startups
MSMEs / SMEs
Private Limited Company
LLPs
Partnership Firm
Trusts / Societies
Foreign Applicants
Freelancers / Sole Proprietor

💡 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

Applicant/ Authorised Signatory Name
Applicant/ Authorised Signatory Father Name
Applicant/ Authorised Signatory Address
Name of Company (if any)
MSME Registration Certificate (If any)
Trademark Logo in Jpeg Format (If any)
List of Products or services
Trademark Class
Company Email ID and Mobile number

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

How to Check Brand Name Availability Before Filing

To check if your brand name is available for registration in India, you need to conduct a search through the official government database provided by the Intellectual Property India (IP India) portal.

Checking this before you file is the most important step to avoid receiving a Trademark Objection or rejection under Section 11 (similarity to an existing mark).

Here is the exact step-by-step process to check your brand name availability:

Step 1: Open the Official Trademark Search Portal

Go to the official Intellectual Property India public search gate: ipindiaonline.gov.in.
At the top of the search console, make sure the Search Type dropdown is set to Wordmark (this is the default and most accurate search mode for brand names).

Step 2: Select Your Search Match Type

You will see a field labeled Search Type with options like “Starts With”, “Contains”, or “Match Same”.

Always choose “Contains” first.
If your brand name is “TechNova”, choosing “Starts With” won’t show you if someone already registered “Global TechNova”. Choosing “Contains” ensures you see every registered mark that has your keyword hidden inside it.

Step 3: Identify Your Trademark Class (Crucial Step)

You cannot search the database without entering a Class. Trademark registration is divided into 45 distinct classes based on the industry.

Classes 1 to 34 are for businesses selling physical goods (e.g., clothing is Class 25, electronics is Class 9).
Classes 35 to 45 are for businesses providing services (e.g., software/IT services is Class 42, retail/e-commerce is Class 35).
If you don’t know your class, click the “Class Details” tab on the official portal to search for your industry keywords.

Step 4: Execute the Search and Analyze the Results

Enter your brand name in the Find Wordmark box, type your class number, fill out the captcha, and click Search.

Look closely at the list that generates:

Check the Status Column: If a similar name shows a status of Registered, Objected, Accepted, or Opposed, it means the name is taken or heavily protected. If the status says Abandoned, Withdrawn, or Refused, that name might be free for you to claim.
Check Phonetic Similarities: Do a second search changing the “Search Type” dropdown to Phonetic. If your brand name is “Klear”, search phonetically to see if someone owns “Clear”. If it sounds exactly the same, the government will object to it, even if the spelling is completely different.

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 to an existing registered trademark for similar goods/services.
Well-Known Mark Reputation — marks taking unfair advantage of a well-known brand, e.g. “COCA-COLA” for cleaning products.
Protected Emblems & Flags — national flags, royal crests, 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

Apply Now for Trademark Registration Online

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

Apply Now for Trademark

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Frequently Asked Questions (FAQs)

How to get a trademark registered in India?

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:

Conduct a Trademark Search — Check availability on the IP India Trademark Public Search portal to ensure your mark is unique.
Select the Correct Class — Trademarks are divided into 45 classes (Nice Classification). Choose the class relevant to your goods/services.
File Form TM-A — Fill in applicant details, trademark representation, and class details on the IP India e-filing portal.
Pay the Government Fee — ₹4,500 per class for individuals/startups/SMEs (Udyam registered); ₹9,000 per class for companies/LLPs.
Receive Acknowledgement — You get a filing receipt immediately; you can use the ™ symbol from this date.
Examination — The Trademark Office examines the application and may issue an Examination Report within 1–3 months.
Reply to Objection (if any) — Respond within 30 days of receiving the Examination Report.
Publication in Trademark Journal — If accepted, the mark is advertised for public opposition for 4 months.

Registration Certificate — If no opposition is filed, the trademark is registered and the ® symbol can be used.

How to register a brand name in India?

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.

How to trademark a logo in India?

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.

How to get a trademark certificate?

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.

How to check logo copyright / brand name availability?

Visit ipindia.gov.in → Trademark Public Search and search by:

Wordmark (for brand names)
Vienna Code (for logos/device marks)
Phonetic (for similar-sounding names)

This tool is free and open to the public.

How to take a trademark licence?

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.

How to create a TM logo?

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.

What is the cheapest way to register a trademark in India?

The cheapest way is self-filing online through the IP India portal:

Individuals and MSMEs pay just ₹4,500 per class via e-filing.
No agent or lawyer is mandatory; you can file yourself.

Registering under Udyam (MSME) certification reduces the fee by 50%.

What is the fee for trademark examination?

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.

What is the fast process fee for trademark in India?

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.

What are TM fees? / What does a TM cost?

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.

Is the TM trademark free?

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.

What is the copyright fee for logos in India?

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.

How much does MSME registration cost?

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%.

How much are GST registration fees?

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.

What is the time period / validity of a trademark in India?

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.

Is GST certificate free?How much time does trademark registration take in India?

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.

Can I register a trademark without a company?

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.

Can I trademark a name without a company?

Yes, absolutely. Individuals, sole proprietors, and even foreign nationals can apply for trademark registration in India without a company.

Can a sole proprietor register a trademark?

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

Who should register a trademark?

Anyone who uses a brand name, logo, slogan, or distinctive mark in commerce should register a trademark. This includes:

Individual entrepreneurs & freelancers
Startups and MSMEs
Companies and LLPs

Manufacturers, retailers, and service providers

Can I sell my registered trademark?

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.

Is it compulsory to register a trademark?

No, trademark registration is not mandatory in India. However, registration provides:

Exclusive legal rights to use the mark nationwide
The right to use the ® symbol
Legal remedies in case of infringement
Proof of ownership in disputes

Unregistered marks can still be protected under passing off law, but enforcement is harder.

What documents are required for trademark registration in India?

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

What is a trademark certificate?

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.

What is a NOC for trademark use?

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:

A new applicant’s mark is similar to an existing registered mark

The Trademark Office raises an objection based on a conflicting mark

When to use TM or ® in India?

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.

Can I put TM after my logo / name?

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.

Can I use a logo without registration?

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.

Is GST required for trademark registration?

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.

Is there GST on copyright/trademark services?

Yes. Professional services related to trademark registration (agent/attorney fees) attract 18% GST. The government filing fee itself is exempt from GST.

What is the GST limit for trading / Is trade name mandatory in GST?

These are GST-specific questions:

GST registration threshold: ₹40 lakh turnover for goods; ₹20 lakh for services (₹10 lakh in special category states).

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.

Is trade licence mandatory for GST?

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.

What is a brand name in GST?

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.

What is TM-70 in trademark?

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