Trademark Registration

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.

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Everything You Need to Know About Trademark Registration in India

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 a Trademark?

A trademark is any distinctive sign, symbol, word, phrase, logo, design, or combination thereof that identifies and distinguishes the goods or services of one entity from those of others. In India, trademarks are governed by the Trade Marks Act, 1999, and are administered by the Office of the Controller General of Patents, Designs and Trade Marks — more commonly known as the Intellectual Property Office (IPO) of India.

A trademark can be a word (like “Paytm” or “Byju’s”), a logo (like the Tata symbol or the Infosys logo), a slogan (like “Taste the Thunder” for Thums Up), a colour combination, a sound, or even a distinctive shape of packaging. The key criterion is that the mark must be distinctive enough to identify the commercial origin of the goods or services it represents.

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

Why it matters

Why Is Trademark Registration Important?

A trademark is your brand’s legal armour. Without it, any competitor can copy your name, logo, or tagline — leaving you with no legal recourse. Here’s why every Indian business owner must register today.

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.

Our Process

Trademark Registration in 5 Simple Steps

Our streamlined process gets your trademark filed within 24 hours. From search to certificate — SetupFiling.in handles everything.

1. Share Your Brand Details

Tell us your brand name, logo, and business category. Quick 5-minute form.

2. Trademark Search

Our experts conduct a thorough IPO database search to assess registrability and conflicts.

3. Application Drafting

We prepare and review your complete trademark application with the correct class and description.

3. Filing with IPO India

Your application is filed online with the Intellectual Property Office of India within 24 hours.

Acknowledgement & ™ Rights

You receive the filing certificate and can immediately start using the ™ symbol legally.

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

Grounds for refusal under trade mark law

What cannot be registered as a trade mark?

No distinctive character

Generic or overly simple signs that cannot identify a single source — e.g. a plain circle or the word "SHOP".

Purely descriptive marks

Words describing the quality, quantity, 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 about nature or origin — e.g. "CASHMERE" for non-cashmere goods.

Shape dictated by function

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

Conflict with earlier mark

Identical or similar mark for identical or similar goods where confusion is likely.

Reputation of earlier mark

Use would take unfair advantage of a well-known mark even for unrelated goods — 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 policy or morality

Scandalous, offensive, or illegal content unacceptable to a reasonable person.

Who Can Apply for a Trade Mark?

Any person or entity claiming to be the proprietor of a trade mark may apply, including:

Individuals
Startups
Small and Medium Enterprises (SMEs)
Companies
Partnership firms
Trusts or societies
Foreign applicants

Applicants may apply either directly with help of DSC (Digital Signature Certificate) or through a registered trade mark agent or attorney.

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.

Trademark Registration Flow Chart

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

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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 6 to 18 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.

How to check if a trademark is already registered?

You can check trademark availability on the IP India website by searching your brand name under the public search option.

What documents are required for trademark registration?

Common documents include: