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Trademark Eligibility In India
Who Can Apply for Trademark Registration in India?
Any individual, business, company, LLP, trust or foreign entity that owns or plans to use a brand can apply. You do not need an existing company or a GST number to begin.
- ✓Individuals, startups, MSMEs and companies can all apply
- ✓No prior use of the brand required before filing
- ✓Application filed within 24–48 hours of documents
Trademark Registration
₹1999 + Govt Fee (₹4500)
Professional Fee₹1,999
Govt Fee (Individual / Startup / MSME)₹4,500
Total Payable₹6,499
For companies, LLPs and other entities the govt fee is ₹9,000 per class.
- ✓Trademark Availability Search
- ✓Trademark Registration Under One Class
Secure payment via Razorpay
50,000+Customers Served
24-48 HrsApplication Filing
10 YearsTrademark Validity
Pan IndiaTrademark Protection
Quick answer: Under Section 18 of the Trade Marks Act, 1999, any person who claims to be the proprietor of a trademark that is used, or proposed to be used, can apply for registration. This includes individuals, sole proprietors, partnership firms, LLPs, companies, startups, trusts, societies, HUFs and foreign applicants.
One of the most common questions before filing is whether you are even eligible. Indian trademark law is open on this point: the test is not what kind of entity you are, but whether you are the genuine owner of the brand. SetupFiling.in has helped over 50,000 businesses, from first-time freelancers to established companies, file trademark applications.
Eligibility
Who Is Eligible to Apply for Trademark Registration?
Each applicant type below can file. The badge shows the usual government fee for online filing, per class.
Individual / Freelancer
No business registration needed. File in your own name.
Govt Fee ₹4,500Sole Proprietorship
Apply in the name of the proprietor, with the trade name as the mark.
Govt Fee ₹4,500Startup (DPIIT Recognised)
Recognition certificate may be requested for the lower fee.
Govt Fee ₹4,500MSME / Small Enterprise
A valid Udyam certificate qualifies you for the reduced fee.
Govt Fee ₹4,500Partnership Firm
Apply in the firm name with a partner as authorised signatory.
Govt Fee ₹9,000LLP
Apply in the LLP name through a designated partner.
Govt Fee ₹9,000Company / OPC
Apply in the company name through a director or authorised person.
Govt Fee ₹9,000HUF, Trust, Society, NGO
Apply through the Karta, trustee or authorised office-bearer.
Govt Fee ₹9,000Foreign Individual / Company
An address for service in India is required, usually through a trademark agent.
Govt Fee ₹9,000Minor
Allowed, with the application made through a legal guardian.
Govt Fee ₹4,500Partnerships, LLPs and companies that qualify as a small enterprise or startup can also use the ₹4,500 fee. Government fees follow the official schedule and can change; offline filing costs more.
Pricing
Trademark Registration Fees by Applicant Type
A fixed professional fee plus the government fee, which depends on who the applicant is. Pick the plan that matches your category.
Individual, Startup & MSME
Lower government fee category
Professional Fee₹1,999
Govt Fee (per class)₹4,500
Total₹6,499
- ✓Trademark Availability Search
- ✓Registration Under One Class
Company, LLP & Other Entities
Standard government fee category
Professional Fee₹1,999
Govt Fee (per class)₹9,000
Total₹10,999
- ✓Trademark Availability Search
- ✓Registration Under One Class
Fees exclude objection reply and hearing charges, if any. For the complete breakdown, see our detailed trademark registration fee structure.
Common Questions
Do You Need a Company, GST or Prior Use to Apply?
No. These are the most common eligibility doubts, answered.
✓No company needed
An individual can file in their own name. You can later register a sole proprietorship or form a company and record the change of ownership.
✓No GST number needed
GST is a tax requirement and is not a condition for filing a trademark application.
✓No prior use required
File on a "proposed to be used" basis and secure the name before spending on packaging and marketing.
✓No minimum age
A minor can be the applicant, with the application made through a legal guardian.
✓No residency requirement
Foreign owners can apply, usually by appointing a trademark agent for the address for service.
Avoid Errors
Who Should Be Named as the Applicant? Common Mistakes
The application must be made by the person or entity that actually owns the brand. Filing in the wrong name can cause delays or even invalidate the registration.
- Employee or designer filing for someone else's brandThe owner of the business, not the person who designed the logo, should be the applicant.
- Mixing up the proprietor and the business nameA sole proprietorship has no separate legal existence, so the proprietor's name is the applicant and the trade name is the mark.
- Applying as an individual but operating through a companyIf the company will run the brand, apply in the company's name from the start to avoid a later assignment.
- Copying someone else's brandAn application made to block or squat on a name used by another business can be opposed or cancelled for bad faith.
A trademark attorney or agent can file on your behalf with a power of attorney, but the registration is always granted in the name of the owner.
Information We Require for Trademark Application Filing
- Applicant / Authorised Signatory Name
- Applicant / Authorised Signatory Father's 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
No MSME certificate yet? Apply for an MSME registration certificate to qualify for the reduced government fee.
How to Apply for Trademark Registration
1
Place Your Order
Click "Apply Now for Trademark" and complete the payment of ₹1999 + government fee via our secure Razorpay checkout.
3
Get Filed Documents Within 24–48 Hrs
Our experts verify your details, run an availability search and file your application, then send you the filed acknowledgement copy.
Explore More
Related Trademark & Business Registration Services
Complete trademark registration guide for businesses
Apply for trademark registration step by step
Understand the e-filing process for trademarks
Check the complete trademark registration fee structure
Step-by-step trademark filing process explained
Register your business logo as a trademark
Register your brand name legally
Renew an existing trademark registration online
Set up a partnership firm registration
Register a private limited company in India
Apply for Startup India DPIIT recognition
Apply for new GST registration for your business
FAQ
Frequently Asked Questions on Who Can Apply for Trademark Registration
Who can apply for trademark registration in India?
Any person claiming to be the proprietor of a trademark that is used or proposed to be used can apply, including individuals, sole proprietors, partnership firms, LLPs, companies, startups, trusts, societies, HUFs and foreign applicants.
Can an individual apply for trademark registration without a registered business?
Yes. An individual can apply in their own name without any company, GST or MSME registration. Business registration is not a condition for filing a trademark application.
Can a foreign national or foreign company apply for a trademark in India?
Yes. Foreign individuals and companies can Apply for Trademark registration in India, but they must provide an address for service in India, which is usually arranged through a trademark agent.
Can I apply for a trademark if I haven't started using it yet?
Yes. Indian law allows an application for a mark that is proposed to be used, so you can secure your brand name before launching the product or service.
What is the government fee for different types of applicants?
For online filing, the government fee is ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 per class for all other applicants such as companies, LLPs and firms that do not qualify as small enterprises.
Can two or more people apply for a trademark together?
Yes, a trademark can be applied for jointly by two or more persons as joint proprietors. Because ownership and control are shared, it is advisable to have a written agreement between them before filing.
Can a consultant or attorney apply for a trademark on my behalf?
Yes. A registered trademark agent or attorney can file the application on your behalf using a power of attorney, but the registration is granted in the name of the owner of the brand, not the agent.
How much does trademark registration cost with SetupFiling.in?
Trademark registration with SetupFiling.in costs ₹1999 as professional fee plus the government fee of ₹4500 for individuals, startups and small enterprises, or ₹9000 for other entities, filed under one trademark class with a trademark availability search included.
Eligible to Apply? Start Your Trademark Application Today
Get your trademark availability search and filing done in 24–48 hours. 50,000+ customers already trust SetupFiling.in.