Trademark Registration Online: Process & Fees India

What is Trademark Registration?

A trademark is a unique symbol, word, logo, phrase, or combination that identifies and distinguishes your goods or services from others. Trademark registration in India is governed by the Trade Marks Act, 1999 and administered by the Controller General of Patents, Designs and Trade Marks under the Ministry of Commerce & Industry.

Registration gives you exclusive legal rights to use the mark across India for 10 years (renewable indefinitely). A registered trademark uses the ® symbol, while an unregistered one uses ™.

Who Can Apply?

• Individuals (Indian citizens or foreign nationals)
• Sole proprietors
• Partnership firms
• LLPs and Companies — Register your company
• Trusts and Societies
• Any person claiming to be the proprietor of a trademark

Types of Trademarks

Trademark Search (Before Applying)

Always search before applying to check if a similar mark already exists:

1. Visit tmrsearch.ipindia.gov.in
2. Select "Trademark Search" → "Wordmark"
3. Enter your proposed trademark name
4. Select the relevant class(es)
5. Review results — check for identical or similar marks
6. If similar marks exist, consider modifying your mark to avoid objection

Trademark Classes

India follows the Nice Classification system with 45 classes:

• Classes 1-34: Goods (e.g., Class 25 = Clothing, Class 9 = Electronics)
• Classes 35-45: Services (e.g., Class 35 = Advertising, Class 42 = IT Services)

You must file a separate application for each class you want protection in.

Documents Required

• TM-A Form (filled online)
• Trademark image/logo in JPEG format (max 2 MB)
• Identity proof of the applicant (Aadhaar/PAN/Passport)
• Address proof of business
• Proof of business (Certificate of Incorporation, GST certificate, or Udyam certificate)
• Power of Attorney (TM-48 form, if filing through an attorney)
• Proof of use (if the mark is already in use — invoices, packaging, etc.)
• Priority document (if claiming convention priority)

Step-by-Step Online Process

Step 1: Search for Existing Trademarks

• Search on the IP India public search portal
• Ensure no identical or deceptively similar marks exist in your class

Step 2: Register on IP India Portal

1. Visit ipindia.gov.in
2. Click on "E-Filing" → "Trade Marks"
3. Register as a new user with email verification
4. Log in to your account

Step 3: File TM-A Application

1. Select "New Application" → Form TM-A
2. Fill in applicant details (name, address, nationality)
3. Upload the trademark image/logo
4. Select the trademark class(es)
5. Provide description of goods/services
6. Specify if the mark is "Proposed to be Used" or "Already in Use" (with date of first use)
7. Enter user affidavit details if mark is already in use

Step 4: Pay Fees

• Pay online via net banking, debit/credit card, or UPI
• Fee depends on applicant type and filing mode (see table below)

Step 5: Submit Application

1. Review all details
2. Submit the application
3. Receive acknowledgement with application number
4. Application number format: typically a 7-digit number

Step 6: Track Application

• Visit ipindia.gov.in → "Trade Marks" → "Application Status"
• Enter your application number to check status

After Filing — Registration Timeline

Fees

Filing online (e-filing) gives 50% discount on fees. Startups recognised by DPIIT and small enterprises also get the reduced rate.

Important Tips

1. File online — e-filing gives 50% discount on all trademark fees
2. Search thoroughly — a proper search saves time and money; check deceptively similar marks too
3. Pick the right class — wrong class means no protection; you can file in multiple classes (each class = separate fee)
4. Use your mark — marks that are "in use" have stronger claims than "proposed to be used"
5. Respond to objections promptly — you get only 30 days to respond to examination reports
6. Renewal — trademark registration is valid for 10 years and can be renewed indefinitely

FAQs

Q1: What is the cost of trademark registration in India?

For e-filing: ₹4,500 for individuals/startups/small enterprises, and ₹9,000 for companies and other entities, per class.

Q2: How long does trademark registration take?

The complete process takes approximately 18-24 months from filing to registration certificate, assuming no objections or oppositions.

Q3: Can I use ™ before registration?

Yes, anyone can use the ™ symbol without registration. However, the ® symbol can only be used after the trademark is officially registered.

Q4: What happens if someone opposes my trademark?

If opposition is filed during the 4-month publication period, you will need to file a counter-statement and both parties will present evidence. The Registrar will decide after a hearing.

Q5: Can I register a trademark for multiple classes?

Yes, but you need to file a separate application and pay separate fees for each class. You can also file a multi-class application (single form, but fees per class still apply).

Q6: What if my trademark application is objected?

You must file a response to the examination report within 30 days. If the response is not satisfactory, you may be called for a show cause hearing before the Registrar.

Q7: How do I renew a trademark?

File Form TM-R on the IP India portal 6 months before expiry. Renewal fee is ₹5,000 (e-filing) for individuals/startups. Late renewal incurs additional surcharge.

This guide is for informational purposes only. CitizenNest is an independent platform and is not affiliated with the Government of India. Always verify details on the official IP India Portal before proceeding.