Trademark Registration
Filing, prosecution and registration — for Indian businesses, foreign companies and their Indian subsidiaries
A trademark is the one asset in your business that grows more valuable the longer you use it and worth nothing at all if someone else registers it first. India follows a first-to-file system in practice. The Registry does not ask who used the name earlier; it asks who applied earlier, and it grants rights accordingly.
We handle trademark registration end to end — clearance search, class strategy, filing, examination response, hearings, opposition monitoring and the registration certificate — for Indian applicants and for foreign companies filing directly or through their Indian entity.
What Registration Actually Gives You
Filing an application is not the same as owning a mark. What a completed registration gives you in India:
- Statutory rights across all of India. There is no state-level trademark. One registration covers the country.
- The right to sue for infringement, rather than the harder common-law action of passing off, which requires proving reputation and damage.
- A registrable, transferable asset that can be assigned, licensed, franchised, or pledged, and that appears on your balance sheet in a funding or acquisition process.
- The ® symbol. Before registration you may use ™; using ® on an unregistered mark is improper and weakens your position if you later need to enforce.
- Ten years of protection from the filing date, renewable in ten-year blocks indefinitely.
- A basis for international filing under the Madrid Protocol, where an Indian application or registration supports designations in other member countries.
The Registration Process
Six stages, each with its own deadline. Missing one is usually what turns a straightforward application into an expensive one.
1. Clearance search
Before anything is filed, the mark is searched against the Registry database, pending applications, company names and common-law use. A search is not a formality — it is the stage that determines whether the rest of the process is worth starting. An application filed into a conflict will be objected to under Section 11, and the government fee is not refundable.
See also: Trademark Search & Advisory
2. Class selection and specification
Goods and services are classified into 45 classes under the Nice Classification. The specification you file defines the boundary of your rights — draft it too narrowly and a competitor operates just outside it; draft it too broadly and you invite objection.
2026 note: The Nice Classification 13th Edition took effect on 1 January 2026 and moved certain goods between classes. Filings drafted against the older edition can attract objections on classification grounds.
See also: Class Selection & Filing Strategy
3. Filing (Form TM-A)
The application is filed electronically with the Trade Marks Registry. An application number and filing date are allocated immediately, and the filing date is the date your priority runs from. From this point you may use ™.
4. Examination
The Registry conducts a formality check, then substantive examination on two grounds:
- Section 9 — absolute grounds. The mark is descriptive, generic, deceptive or lacks distinctiveness.
- Section 11 — relative grounds. The mark conflicts with an earlier registered or pending mark.
If objections are raised, an Examination Report is issued and a reply is due within 30 days. A weak or late reply is the single most common reason applications fail. A hearing may follow.
See also: Reply to Objections & Office Actions
5. Publication and opposition
An accepted mark is advertised in the Trade Marks Journal, opening a four-month window in which any party may oppose. If opposition is filed, a counter-statement is due within two months, followed by evidence and a hearing.
See also: Opposition Filing & Defence
6. Registration
If unopposed — or if opposition is defeated — the certificate is issued. Protection runs for ten years from the filing date.
See also: Trademark Assignment & Renewal
Government Fees
Fees are charged per class, per mark, and are not refundable if the application is refused.
| Applicant | E-filing | Physical filing |
|---|---|---|
| Individual, sole proprietor, DPIIT-recognised startup, Udyam-registered MSME | ₹4,500 per class | ₹5,000 per class |
| Companies, LLPs, partnerships and all other entities | ₹9,000 per class | ₹10,000 per class |
| Renewal (every 10 years) | ₹9,000 per class | — |
Two points that decide what you actually pay:
The concession depends on who files, not how big you are. A private limited company with no Udyam or DPIIT registration pays ₹9,000 even where the founder personally would have qualified for ₹4,500. Decide the applicant before filing — and if you claim the concession, the certificate must be attached at the time of filing. There is no retrospective adjustment.
A word mark and a logo are two separate marks. Protecting both means two applications and two sets of fees. Which to file first, and whether both are needed, is a strategy question we work through before filing rather than after.
Government fees are as prescribed under the Trade Marks Rules, 2017 and are subject to revision. Professional fees are quoted separately and depend on the number of marks and classes.
Foreign Companies Filing in India
This is where most published guidance stops being useful. Foreign applicants face a different procedural path, and the differences matter.
An Indian agent is mandatory
A foreign applicant with no principal place of business in India must appoint a registered Indian trademark agent or attorney, who provides the address for service in India. All Registry correspondence — including examination reports and opposition notices, each with hard deadlines — goes to that address. A foreign company without one does not receive its own deadlines.
Authority is granted through Form TM-48, a power of attorney. It must be executed in favour of a named individual agent; a power of attorney in favour of a firm alone is not accepted.
Claiming priority from your home filing
If you have already applied for the mark in a Paris Convention country, you may file a convention application in India within six months of that home filing date and claim its priority. The Indian application is then treated as filed on the home date, ahead of anyone who filed in India in the interim.
This window is not extendable. A certified copy of the priority document is required. For a company planning an India entry, filing within the six-month window is usually the cheapest protection available.
Madrid Protocol or direct national filing?
Both routes reach India. They behave differently.
| Madrid Protocol | Direct national filing | |
|---|---|---|
| How it works | One WIPO application designating India and other members | Form TM-A filed directly with the Indian Registry |
| Best for | Protection in three or more member countries at once | India specifically, or India as a priority market |
| India’s response window | Up to 18 months to notify acceptance or provisional refusal | Ordinary examination queue |
| If refused | Provisional refusal must be answered within one month, extendable by one month — and you must appoint an Indian agent at that point anyway | Agent already appointed; 30 days to reply |
| Dependency risk | Tied to the home mark for five years — if the base application fails, designations can fall with it (“central attack”) | Independent of any foreign mark |
Madrid is efficient for wide multi-country coverage. For India specifically, direct national filing is usually faster and more predictable — and it avoids the position where a provisional refusal arrives with a one-month clock and no agent yet appointed.
We advise on the route before you commit, and act as your Indian agent under either.
Documents for a foreign applicant
- Certified copy of the certificate of incorporation or equivalent home-country registration
- Form TM-48 power of attorney, executed in favour of a named Indian agent
- Clear representation of the mark
- Goods and services specification with Nice classes
- Certified priority document, where convention priority is claimed
- Evidence of use in India or abroad, where available
- Applicant’s full legal name, registered address and nationality
Indicative Timeline
| Stage | Typical timing |
|---|---|
| Clearance search and class strategy | 2–5 working days |
| Filing and application number | Same day (e-filing) |
| Examination report | 1–3 months from filing |
| Reply to examination report | Due within 30 days |
| Hearing, where required | Registry-dependent |
| Journal publication | After acceptance |
| Opposition window | 4 months from publication |
| Registration certificate — uncontested | 8–12 months from filing |
Foreign applications and Madrid designations typically run longer. Opposition adds a year or more. Timelines depend on Registry workload and are indicative rather than guaranteed.
What We Handle
- Clearance search and registrability opinion
- Applicant structuring — deciding which entity should own the mark, and whether the ₹4,500 concession is available
- Class selection and specification drafting
- Filing Form TM-A, with concession certificates and priority documents where applicable
- Acting as your Indian agent and address for service
- Examination report replies under Sections 9 and 11, and hearings
- Journal monitoring through the opposition window
- Opposition defence and counter-statements
- Registration certificate and portfolio docketing
- Renewal diarising, assignments and licensing
- Infringement notices and enforcement support
For foreign clients we also coordinate with home-country counsel on filing sequence, priority windows and whether India belongs in a Madrid designation or a direct filing.
Where Applications Go Wrong
Filing without a search. The government fee is not refundable. A conflict found after filing costs the fee, the wait, and often the brand.
Choosing a descriptive name. Marks that describe the goods run into Section 9. “Fresh Bakery” for a bakery is not distinctive; invented or arbitrary marks register far more easily.
Filing in the wrong class, or too few. The specification is the boundary of your rights. Adding a class later means a new application with a later priority date.
Missing the 30-day examination reply. This deadline is short and it is where most applications quietly die.
Not watching the journal. The four-month opposition window runs whether or not you are monitoring. A conflicting mark you did not oppose becomes a competitor’s registered right.
Using ® before registration. Improper, and it undermines your credibility in any later enforcement action.
Foreign applicants with no address for service. Deadlines arrive at an address you do not control. By the time you learn of an objection, the window has often closed.
Frequently Asked Questions
Q1. Who can register a trademark in India?
A. Any person claiming to be the proprietor of a mark — individuals, sole proprietors, partnership firms, LLPs, private and public limited companies, trusts, societies, and foreign entities. Foreign applicants must file through an Indian agent providing an address for service.
Q2. How long does registration take?
A. Typically 8–12 months from filing where the application is not opposed. Opposition extends this substantially. You may use ™ from the filing date; ® only after the certificate is issued.
Q3. What does it cost?
A. Government fees are ₹4,500 per class for individuals, DPIIT-recognised startups and Udyam-registered MSMEs filing online, and ₹9,000 per class for companies, LLPs and other entities. Fees apply per class and per mark. Professional fees are separate and quoted on the number of marks and classes.
Q4. Is a trademark registered in my home country protected in India?
A. No. Trademark rights are territorial. A US or UK registration gives you no rights in India. You must file in India — directly, or by designating India under the Madrid Protocol.
Q5. Can I claim my home filing date in India?
A. Yes, if you file in India within six months of the home application in a Paris Convention country and submit a certified priority document. The window is not extendable.
Q6. Do I need an Indian agent?
A. Yes, if you have no principal place of business in India. The agent provides the address for service and receives all Registry correspondence, including deadline-bearing notices.
Q7. Should I file under Madrid or directly in India?
A. Madrid is efficient when you are covering three or more member countries. For India specifically, direct filing is usually faster and more predictable, and avoids the central-attack dependency on your home mark for five years.
Q8. How many classes do I need?
A. Only those matching what you actually sell or intend to sell. Speculative classes add ₹4,500 or ₹9,000 each and can attract non-use challenges later.
Q9. Do I need separate applications for my brand name and my logo?
A. They are separate marks, so yes — two applications and two sets of fees. Which to prioritise depends on how the brand is used in the market.
Q10. What happens if my application is opposed?
A. A counter-statement is due within two months of the opposition notice, followed by evidence and a hearing. Missing the counter-statement deadline is treated as abandonment.
Q11. How long does registration last?
A. Ten years from the filing date, renewable in ten-year blocks indefinitely. Renewal is ₹9,000 per class. A lapsed mark can be restored within a limited window, but the safer course is diarised renewal.
Q12. Can I register a trademark before I start trading?
A. Yes. An application may be filed on a proposed-to-be-used basis. For a company planning an India launch, filing before launch is materially cheaper than resolving a conflict after.