What is a Trademark?
A trademark is any sign that identifies your goods or services as coming from you, and no one else. It can be a word, name, logo, number, colour combination, shape, sound, or even a smell. The key requirement is that it must be distinctive enough for customers to tell your brand apart from others.
Nike's swoosh, the word 'Google', Amul's girl logo, Thums Up's logo, these are all trademarks. They do not need to say the company's name. They just need to be recognisable as belonging to that company.
In India, trademarks are governed by the Trade Marks Act, 1999. The registering body is the Office of the Registrar of Trade Marks, which works under the Controller General of Patents, Designs and Trade Marks (CGPDTM), Ministry of Commerce and Industry.
Why Register and What Changes After Registration?
Trademark registration is voluntary. You can build a brand without registering it. But once you register, three things change that matter a lot in practice.
First, you get exclusive rights. No other business can use the same or a confusingly similar mark for the same class of goods or services. Second, you can file an infringement suit in court, which is a much stronger remedy than the common-law "passing off" action available to unregistered marks. Third, your trademark becomes a proper asset on your balance sheet. You can sell it, license it, or pledge it.
A few other practical benefits:
- You can put TM next to your brand the day you file, even before registration comes through.
- Registered trademarks show up in search results when others do a trademark search before filing, which stops them from copying your mark even if they were doing it unintentionally.
- If you ever want to list products on Amazon or Flipkart under brand registry, a registered trademark is required.
- For export businesses, Indian registration is the starting point for filing under the Madrid Protocol in 122 countries through a single application.
How Long Does a Trademark Last?
A registered trademark is valid for 10 years from the date of filing the application, not from the certificate date. After that, you can renew it for another 10 years. There is no limit on how many times you can renew, so a trademark can last forever as long as you keep renewing it.
Renewal must be filed within one year before the expiry date. Miss that window and the trademark gets removed from the registry. Even then, restoration is possible through a prescribed process, but it adds paperwork and fees you could have avoided.
Who Can Apply for a Trademark in India?
Any person or entity that owns a brand can apply. The person named as applicant in the form is declared the owner once the trademark is registered. The following can apply:
- Any individual (Indian or foreign national)
- Sole proprietorship
- Partnership firm
- LLP (Limited Liability Partnership)
- Private or Public Limited Company
- Trust or Society
- Foreign company with or without a business presence in India
There is no requirement to have a registered business. An individual can register a trademark in their personal name.
What Can Be Trademarked?
The Trade Marks Act allows registration of a fairly wide range of marks. Here is what qualifies:
- Words and brand names
- Slogans and taglines
- Logos and device marks
- Numbers and letters
- Colour combinations (as a mark, not just a generic colour)
- Three-dimensional shapes, including product shapes and packaging
- Sound marks (a distinctive jingle or brand sound)
- Series marks, collective marks, and certification marks
What cannot be registered: common words, purely descriptive terms, geographical names used generically, marks that are deceptive or offensive, and marks that are identical or confusingly similar to an already registered trademark.
Trademark Classes: Choosing the Right One
India uses the NICE Classification system, which divides all goods and services into 45 classes. Classes 1 to 34 are for goods; Classes 35 to 45 are for services. Your trademark is only protected in the class or classes you register it under.
This matters more than most people realise. If you make shoes and register only in Class 25 (footwear), but your business also includes a website selling those shoes in retail, you probably also need Class 35 (retail services). If someone copies your brand name for a clothing line (Class 25) and you only have a registration in Class 35, you will struggle to stop them.
Some commonly used classes:
- Class 9: Software, apps, electronics
- Class 25: Clothing, footwear, headwear
- Class 35: Retail, advertising, business services
- Class 41: Education, training, coaching
- Class 42: IT services, technology services
- Class 43: Hotels, restaurants, food services
You can cover multiple classes in a single Form TM-A. Each class attracts a separate government fee.
Documents Required for Trademark Registration
Get these ready before starting the application. Missing documents cause delays or rejections.
- PAN card or Aadhaar card of the applicant (for individuals)
- Address proof of the individual or company
- Clear digital image of the trademark or logo (JPG, within 9 cm x 5 cm)
- List of goods or services with the chosen trademark class
- Power of Attorney, Form TM-M (required if filing through a trademark agent)
- MSME or Startup India registration certificate, if applicable, to claim the lower fee
- Proof of prior use, if the mark has been in commercial use before filing
- For companies: the Certificate of Incorporation and, in some cases, a board resolution authorising the trademark application.
Do a Trademark Search Before Filing
Searching the registry before filing is not a formality. It is the step that saves you from spending money on an application that will get rejected or opposed.
The search checks whether a mark that is identical or confusingly similar to yours is already registered or pending in your chosen class. Similarity is not just visual. A phonetically similar name, or one that conveys the same meaning in a different language, can also block your application.
How to search for free on IP India
- Go to ipindiaonline.gov.in and click on Trade Mark, then Public Search.
- Choose Word Search for word marks, or Vienna Code for logo elements.
- Enter your proposed mark, select the relevant class, and run the search.
- Review every result, not just exact matches. Look at marks that sound similar or have a similar meaning.
A free search gives you a starting point but has limitations. It does not show phonetically similar marks easily, and reading the results requires some experience. If the search returns several similar marks, or if your mark is in a competitive class, it is worth getting a professional search done before you file.
Trademark Registration Procedure in India
Step 1: Choose a Distinctive Mark
The more distinctive your mark, the easier it is to register and the stronger your protection. Invented words (like Kodak or Xerox) are the strongest class. Words that describe your product (like "Fresh" for a juice brand) are the weakest and often get rejected. Names, logos, and combinations fall somewhere in between depending on how distinctive they are.
Step 2: Run a Trademark Search
Search the IP India database as described above. Confirm your mark does not conflict with existing registrations in your intended class.
Step 3: Prepare Form TM-A
Form TM-A is the trademark application form. One form covers one or multiple classes. You will need to fill in:
- Applicant name, address, and nationality
- Type of mark (word, device, logo, or combination)
- The trademark class or classes
- A description of the goods or services
- A clear image of the mark
- Date of first use in India, if the mark has been used before filing
Step 4: Pay the Government Fee
The fee varies by applicant type and filing method. See the table below.
| Applicant Category |
Online Filing (per class) |
Physical Filing (per class) |
| Individual / Startup / MSME |
Rs. 4,500 |
Rs. 5,000 |
| Company / LLP / Partnership |
Rs. 9,000 |
Rs. 10,000 |
The fee shown is per class. Registering in 3 classes means 3x the fee. Startups and MSMEs need to attach their registration certificate to claim the lower rate.
Step 5: File Online or at the Registry Office
Online filing through the IP India portal is recommended. You get an acknowledgment number the same day, and from that point, you can use TM next to your brand name.
Physical filing is also accepted at the trademark offices in Mumbai, Delhi, Chennai, Kolkata, and Ahmedabad. The Head Office is in Mumbai. Your jurisdiction depends on your principal place of business. Acknowledgment takes 15 to 20 days for physical filing.
Step 6: Examination by the Registrar
The Registrar's office examines the application, usually within 3 to 6 months of filing. They check whether the mark is distinctive, whether it conflicts with existing marks, and whether it meets the requirements of the Act.
If there are objections, the office issues an Examination Report. You have 30 days to respond. A well-drafted reply addressing each objection on merits gives you the best chance of the application moving forward. If the reply is satisfactory, the mark goes to the next stage. If not, you can request a hearing before the Registrar.
Step 7: Publication in the Trade Marks Journal
After clearing examination, the trademark is published in the Official Trade Marks Journal. This is a public notice. It gives third parties an opportunity to oppose the registration if they believe it conflicts with their rights.
Step 8: The 4-Month Opposition Window
After publication, there is a 4-month period during which any person can file a Notice of Opposition. If someone opposes:
- You receive a copy of the notice and must file a Counter Statement within 2 months.
- If you do not file within 2 months, the application is treated as abandoned.
- Both sides then submit evidence and attend a hearing before the Registrar.
- The Registrar passes an order accepting or rejecting the application.
If nobody opposes within the 4-month window, the application goes straight to registration.
Step 9: Registration Certificate Issued
Once the opposition period passes without challenge, or after you win a hearing, the Trademark Registration Certificate is issued with the seal of the Trademark Registry. From this point, you can use the R symbol. The registration is valid for 10 years from the date of your original filing.
TM, SM, and R: Which Symbol to Use and When
This is one of the most common questions we get from new clients. Here is the short version.
| Symbol |
Meaning |
When You Can Use It |
| TM |
Trade Mark |
The moment you receive your application acknowledgment number, you can start using TM. Registration is not required. |
| SM |
Service Mark |
For service businesses (not product companies). Same rule as TM: use after filing. |
|
Registered Mark |
Only after the Registration Certificate is issued. Using this symbol before that is a legal offence under the Trade Marks Act. |
Using the R symbol before you receive your registration certificate is a punishable offence under Section 107 of the Trade Marks Act. Do not do it even if your application has been pending for years.
The Trademark Registry
The Office of the Registrar of Trade Marks was set up in 1940. The Head Office is in Mumbai. Branch offices are in Delhi, Ahmedabad, Chennai, and Kolkata.
Which office has jurisdiction over your application depends on your principal place of business in India. For foreign applicants without an Indian office, the Mumbai Head Office handles the application.
How to Check Your Trademark Application Status
After filing, you get an application number. Track the status at any time on the IP India portal.
- Go to ipindiaonline.gov.in
- Click on Trade Mark, then Status of Application.
- Enter your application number.
- Check the status regularly so you do not miss any examination report deadlines or hearing notices.
International Trademark Registration: The Madrid Protocol
Indian trademark registration protects your brand only in India. If you want protection in other countries, you need to register in each country separately, or use the Madrid Protocol route.
India joined the Madrid Protocol in 2013. The Protocol lets you file one international application through WIPO (World Intellectual Property Organization), designating up to 122 member countries. Your Indian registration or pending application is the base for this.
Here is how it works:
- Your Indian trademark must already be registered or applied for.
- The Indian Trademark Office certifies and forwards your international application to WIPO.
- WIPO records it in the International Register and notifies the trademark offices of all countries you have designated.
- Each country's trademark office then examines the application under its own laws and communicates acceptance or refusal within 12 to 18 months.
The Madrid route is cost-effective for businesses entering multiple markets. You pay a single WIPO fee instead of separate attorney and filing fees in each country.
Questions We Get Asked Most (FAQs)
Yes. Any individual can apply in their personal name. You do not need a company, GST, or any other registration to file a trademark application.
If there are no objections or opposition, expect 18 to 24 months from filing to certificate. You can use TM from the date of filing and claim protection from that date, even while waiting.
You have 30 days to respond to the examination report. A proper written reply addressing each objection on its merits is usually enough to clear it. If the reply is not accepted, you attend a hearing. Most objections can be resolved without the application being rejected, provided the mark itself is distinctive.
Yes. A single Form TM-A lets you apply for as many classes as you need. Each class is charged separately at the applicable government fee.
A trademark protects brand identifiers: names, logos, slogans. It must be applied for and registered under the Trade Marks Act. Copyright protects original creative works like writing, music, art, and software, and it comes into existence automatically when you create something, without any registration. A logo can carry both trademark and copyright protection at the same time.
Yes. A registered trademark is an intangible asset. You can assign (sell) it to another person, license it to others for royalty, or franchise it. Assignment with goodwill transfers the brand value along with the mark. Assignment without goodwill transfers only the mark.
If your trademark is registered, you can file an infringement suit in a District Court or High Court depending on the value involved. You can claim damages, lost profits, and a court order stopping further use. Without registration, you can only go for a passing off action, which requires you to prove prior use and reputation, a harder standard.
An individual applicant pays Rs. 4,500 per class for online filing through the IP India portal, or Rs. 5,000 per class for physical filing. This is the lowest fee slab under the Trade Marks Rules, and it applies whether the mark is a personal brand name, a logo, or a tagline.
A DPIIT-recognised startup pays the same discounted rate as an individual - Rs. 4,500 per class online, Rs. 5,000 physical. To claim this rate, the Startup India recognition certificate must be uploaded with Form TM-A. Without it, the Registry treats the application at the higher entity rate.
MSMEs with a valid Udyam Registration Certificate pay Rs. 4,500 per class for online filing and Rs. 5,000 per class for physical filing. The Udyam certificate must be attached during filing to receive the reduced fee.
A business with a valid Udyam (MSME) registration certificate also falls under the lower fee slab: Rs. 4,500 per class online, Rs. 5,000 physical. The Udyam certificate must be attached at the time of filing - adding it later does not get you a refund of the difference already paid.
A Private Limited Company, Public Limited Company, LLP, or partnership firm pays Rs. 9,000 per class online and Rs. 10,000 per class for physical filing - exactly double the individual/startup/MSME rate. This applies even to a one-person company or a newly incorporated company with no revenue yet.
Government Fee vs Professional Fee
|
Government Fee |
Professional Fee |
| Paid to |
Trademark Registry (CGPDTM) |
The agent, CA, or filing platform you hire |
| Amount |
Fixed by law (Rs. 4,500 / Rs. 9,000 per class) |
Varies by provider |
| Negotiable? |
No |
Yes |
| Refundable if rejected? |
No |
Depends on the provider's policy |
The government fee buys you the filing slot and examination; it is identical no matter who you file through. The professional fee covers the actual
work - clearance search, drafting the specification of goods/services, filing Form TM-A correctly,
and handling any examination report that comes back. LegalDev's professional fee starts at Rs. 999 + GST per class, on top of the government fee.
India follows the NICE Classification, an international system that sorts every kind of good or service into 45 classes. Classes 1–34 cover goods (products you can hold), and Classes 35–45 cover services (things a business does). A trademark is protected only within the class it is registered under - not automatically across all 45.
Class 9 covers software, mobile apps, computer hardware, downloadable content, and electronic devices. Most SaaS companies, app developers, and electronics brands file here. If your product is digital or runs on a device, this is usually your starting class.
Class 35 covers advertising, business management, and - importantly - retail and online retail services. This is the class e-commerce sellers and anyone running a store (online or offline) typically need, in addition to the class for the actual product. It is also the class Amazon and Flipkart commonly check for brand registry eligibility.
Class 42 covers scientific and technological services - IT consultancy, software-as-a-service, website design and development, and research services. A company that builds software for clients (rather than selling a packaged product) usually files under Class 42 instead of, or in addition to, Class 9.
Match the class to what you actually sell or plan to sell, not just your industry label. A clothing brand that also runs an online store may need both Class 25 (apparel) and Class 35 (retail). A single Form TM-A can cover multiple classes in one filing - each class is charged separately, but you avoid filing multiple applications. When you're unsure, a professional trademark class search before filing is the safer route, since picking the wrong class is one of the most common reasons applications fail to protect a brand properly later.
If nobody objects during examination and nobody opposes during publication, the certificate typically takes 18 to 24 months from the date of filing. This is the realistic timeline for online trademark registration in India, not the 1–2 day "registration" some advertisements imply - what you get within a day is the filing acknowledgement, not the registration certificate.
Immediately. The day you receive your application acknowledgment number from the IP India portal, you're entitled to put TM next to your brand name or logo. You do not need to wait for examination, publication, or any approval.
Only after the Registration Certificate is actually issued - not before. Using ® while your application is still pending, under examination, or even just published, is a punishable offence under Section 107 of the Trade Marks Act, regardless of how confident you are that registration will go through.
Yes. You don't need a Private Limited Company, LLP, or even GST registration to file a trademark application. The Trade Marks Act allows any person - an individual, in their own name - to be the applicant and the eventual registered owner.
Yes. A proprietorship has no separate legal identity from its owner, so the application is typically filed in the proprietor's personal name (with the business/trade name mentioned), and it qualifies for the same lower fee slab as an individual applicant - Rs. 4,500 per class online.
All you need as an individual is your PAN or Aadhaar for identity proof, an address proof, and a clear image of the mark you want to register. No incorporation certificate, no board resolution, no company PAN. This makes trademark registration for proprietorship and solo founders one of the simplest categories to file.
Run a trademark search on the IP India public search portal before you commit to a name. Beyond the trademark registry, it's also worth checking company name availability on the MCA portal and domain availability, since a name can be free to trademark but already taken as a company name or website.
A trademark search helps identify existing registered or pending trademarks that may conflict with your proposed brand name. Conducting a search before filing significantly reduces the chances of objections, oppositions, and future legal disputes. Similarity can be based on spelling, pronunciation, appearance, or meaning.
TM stands for "Trade Mark." It is used to indicate that you are claiming rights over a brand name, logo, slogan, or other brand identifier. It does not mean the trademark is registered, but it notifies the public of your claim.
The ® symbol stands for "Registered" and may only be used after a trademark has been officially registered by the Trademark Registry. It indicates that the mark enjoys full legal protection under the Trade Marks Act.
From the moment you file your application and receive an acknowledgment number - even though registration itself may take 18–24 months. You can use TM throughout the entire pending period.
Only after the certificate is issued, never before. There's no shortcut here: filing, examination clearance, or even publication in the Trade Marks Journal does not entitle you to use ®.
|
Trademark |
Copyright |
Patent |
| Protects |
Brand identifiers - names, logos, slogans, sounds |
Original creative works - writing, music, art, software code |
Inventions - new products or processes |
| Governing law |
Trade Marks Act, 1999 |
Copyright Act, 1957 |
Patents Act, 1970 |
| Registration required? |
Yes, to get full statutory rights |
No - protection is automatic on creation |
Yes, mandatory to get any enforceable right |
| Validity |
10 years, renewable indefinitely |
Lifetime of creator + 60 years |
20 years, not renewable |
| Typical use case |
Protecting a brand name or logo |
Protecting a book, song, or software code |
Protecting a new technical invention |
A single product can carry more than one kind of protection at once - a logo design has copyright the moment it's drawn, and trademark rights once it's used or registered to identify your brand.
It's the official document issued by the Trademark Registry, bearing the Registrar's seal, confirming that your mark is now formally registered under the Trade Marks Act. It states your registration number, class, date of registration, and validity period.
Once issued, the certificate is available on the IP India portal - log in, go to your application status using your application number, and download the certificate as a PDF from there. No physical copy is couriered by default; the digital certificate is the valid legal document.
It's your proof of ownership and exclusive rights in your registered class - the strongest evidence in any dispute. It's also what most marketplaces (Amazon, Flipkart) ask for under brand registry programs, and it converts your brand into a transferable, licensable business asset that can be assigned, franchised, or used as collateral.
A Trademark Certificate serves as proof of ownership and exclusive rights over your registered trademark. It strengthens legal protection, supports brand registry applications on marketplaces such as Amazon and Flipkart, and allows the trademark to be licensed, assigned, franchised, or used as a valuable business asset.
An objection is raised by the Trademark Examiner during the examination stage - before publication, and before anyone else gets a chance to oppose. It's communicated through an Examination Report, and it means the Registrar has found a reason your application might not qualify for registration as filed.
The most common reasons are: the mark is too similar to an existing registered or pending mark in the same class, it's considered purely descriptive or generic for the goods/services listed, the specification of goods/services is too broad or unclear, or required documents (like a Power of Attorney or MSME/Startup certificate) are missing or improperly filed.
You have 30 days from the date of the Examination Report to file a written response on the IP India portal, addressing each ground of objection on its merits - for instance, showing how your mark is distinctive, or providing evidence of prior commercial use. If the reply doesn't satisfy the Examiner, you can request a hearing before the Registrar rather than letting the application lapse.
A registered trademark is valid for 10 years from the date you originally filed the application - not from the date the certificate was issued. After that, it must be renewed, or the Registry removes it.
Renewal is filed on Form TM-R through the IP India e-filing portal. You can file it any time from one year before the expiry date. If you miss the expiry date entirely, there's still a 6-month grace period to renew with a late surcharge, after which the mark is removed from the register (though restoration is still possible through a separate, costlier process).
The government renewal fee is Rs. 9,000 per class for online filing, or Rs. 10,000 per class physically - payable every 10 years, with no limit on the number of times you can renew. Filing within the 6-month grace period after expiry adds a surcharge on top of the base fee, and a mark that's actually been removed from the register costs significantly more to restore. Filing early avoids all of this extra cost.
Total cost has two parts - the government fee (Rs. 4,500 per class for individuals/startups/MSMEs, Rs. 9,000 per class for companies/LLPs) and the professional fee charged by whoever files it for you. With LegalDev, professional assistance starts at Rs. 999 + GST per class.
Rs. 4,500 per class online (Rs. 5,000 physical) for individuals, startups, and MSMEs; Rs. 9,000 per class online (Rs. 10,000 physical) for companies, LLPs, and partnerships.
"TM fees" usually means the same government filing fee under Form TM-A - there's no separate charge just to use the TM symbol itself; using TM after filing is free.
There's no extra government fee charged specifically for examination - it's covered within the original filing fee you pay with Form TM-A. Costs only arise if you hire a professional to draft a reply to an objection.
Not really - the government fee starts at Rs. 4,500 per class for individuals, which is a small cost relative to the legal protection and brand value it secures. The bulk of the perceived cost is usually the professional/agent fee, which varies by provider.
Run a search, file Form TM-A online with the IP India portal, get through examination (replying to any objection within 30 days), clear the 4-month opposition window after publication in the Trade Marks Journal, and the certificate is issued.
Same process as registering a word mark - select "device mark" or a combination mark in Form TM-A, and upload a clear digital image of the logo within the prescribed size.
File under the "word mark" category in Form TM-A, choose the correct class for your goods/services, and complete the standard registration process.
"Creating" a trademark really means choosing something distinctive enough to qualify - an invented word, a unique logo, or a unique combination - and then filing it. Highly descriptive or generic names are the weakest and most likely to be objected to.
Use the free public search tool on the IP India portal (ipindiaonline.gov.in) before filing - search by word or by Vienna Code for logo elements, in your intended class.
It's issued automatically by the Registry once your application clears the 4-month opposition window without challenge (or after you win an opposition hearing), and it can then be downloaded from the IP India portal.
No. GST registration is not mandatory to file a trademark application - individuals and proprietors can apply using just PAN or Aadhaar.
No, it isn't a requirement under the Trade Marks Act for the applicant to have GST registration.
Yes. Many individual applicants and small proprietorships file trademark applications without ever having a GST number.
Yes - any individual can file and own a trademark in their personal name, with no company required.
Yes, and it qualifies for the lower individual fee slab since a proprietorship has no separate legal identity from its owner.
Individuals, sole proprietorships, partnership firms, LLPs, private and public limited companies, trusts, societies, and foreign entities (with or without a business presence in India) can all apply.
Using the TM symbol itself doesn't cost anything once you've filed your application - there's no separate government fee just for displaying TM.
Yes, as soon as you've filed your trademark application and have an acknowledgment number.
Yes, for the same reason - filing is enough; registration is not required to start using TM.
It's a notice symbol showing you're claiming rights over a mark, used while an application is pending or even informally before filing - though it carries no statutory protection on its own.
Yes - that's exactly when it's meant to be used. TM is for the pending stage; ® is reserved strictly for after registration.
No, it's voluntary. You can use a brand without registering it, but registration gives you stronger, statutory rights instead of relying on the harder-to-prove common-law "passing off" remedy.
Yes. A registered trademark is an intangible asset that can be assigned (sold) to another person or entity, with or without the underlying business goodwill.
An NOC (No-Objection Certificate) is a letter from a trademark owner permitting another party to use a similar or related mark - it's sometimes required for licensing arrangements or when two applications with similar names need to coexist.
Exclusive nationwide rights to use the mark in your registered class, the right to sue for infringement in court (a stronger remedy than passing off), and the right to license, franchise, or assign the mark.
10 years from the date you filed the original application.
10 years per term, and it can be renewed indefinitely - there's no cap on the number of renewals.
File Form TM-R on the IP India portal any time within one year before the expiry date, and pay the renewal fee (Rs. 9,000 per class online). A 6-month grace period exists after expiry, but with an added surcharge.