At a Glance: Trademark registration in India is a 6-stage process managed by IP India (CGPDTM). Online filing is available through the IP India portal and professional assistance significantly improves your chances of success.
Official Government Portal: All trademark applications in India are filed through the IP India — CGPDTM portal (ipindia.gov.in). This is the official site for trademark search, e-filing, status tracking, and downloading certificates.
Registering a trademark in India is one of the best investments you can make for your brand. Whether you are a startup launching a new product, a freelancer building a personal brand, or an established business looking to formalise your IP, this guide walks you through every step of the process — the right way.
Before diving in, it helps to understand that trademark registration in India is a quasi-judicial process. The Trademark Registry examines your application, publishes it for public opposition, and only grants registration after all objections are cleared. Understanding this upfront sets the right expectations for timeline and process.
The 6 Stages of Trademark Registration
- Trademark Search — Check the IP India database for identical or similar existing marks in your chosen class. Skipping this step is the single biggest mistake applicants make.
- Determine the Trademark Class — India follows the Nice Classification system (45 classes). You must file under the correct class(es) covering your goods or services. See our complete guide to trademark classes in India.
- Prepare Documents and File Form TM-A — File the application online through the IP India e-filing portal. The form includes details of the mark, applicant, class, and goods/services description. You can file yourself or through a registered trademark agent.
- Examination by the Trademark Registry — A Trademark Examiner reviews your application and issues an Examination Report. The report may raise objections — absolute grounds (descriptiveness) or relative grounds (similarity to existing marks). You have 30 days to respond.
- Publication in the Trade Marks Journal — If the examination clears (or objections are resolved), your mark is published in the official Trade Marks Journal for 4 months. During this window, any third party can oppose the registration.
- Registration Certificate Issued — If no opposition is filed — or if opposition is decided in your favour — the Registry issues your Registration Certificate. You can now use the ® symbol.
Step 1: Conducting a Trademark Search
The IP India public search portal lets you search the trademark database by word, class, or proprietor name. A thorough search should check:
- Identical marks — the exact word or logo you want to register
- Phonetically similar marks — words that sound like your mark when spoken aloud
- Visually similar marks — logos or designs that look similar to yours
- All relevant classes — not just your primary class
For a detailed guide on how to use the IP India search portal, see: Trademark Search in India — How to Check Brand Name Availability.
Step 2: Choosing the Right Class
India uses the international Nice Classification system, which divides all goods and services into 45 classes (Classes 1–34 for goods, Classes 35–45 for services). Filing under the wrong class is a common and costly error — an application cannot later be widened to a new class.
| Class | Covers |
|---|---|
| Class 9 | Electronics, software, apps, computers |
| Class 25 | Clothing, footwear, headgear |
| Class 35 | Business services, retail, advertising |
| Class 36 | Financial services, insurance, banking |
| Class 41 | Education, training, entertainment |
| Class 42 | IT services, software development, SaaS |
| Class 43 | Restaurant, food & beverage services |
| Class 44 | Medical, healthcare, beauty services |
| Class 45 | Legal services, personal and social services |
Step 3: Documents Required
- PAN Card of proprietor / partners / directors
- Aadhaar Card of applicant
- Email ID & Mobile Number of applicant
- Brand Name / Logo in JPEG or PNG format
- Business Proof — GST / Incorporation / MSME certificate
- Address Proof — electricity bill / rent agreement
- Power of Attorney (Form TM-48) if filed via an agent
- Goods / Services Description clearly stated
Government Filing Fees (2026)
| Applicant Type | e-Filing Fee (per class) | Physical Filing |
|---|---|---|
| Individual / Startup / MSME | ₹4,500 | ₹5,000 |
| Large Company / Others | ₹9,000 | ₹10,000 |
MSME-registered businesses and individuals qualify for the concessional rate. This is in addition to the professional fee. For a full cost breakdown, see: Trademark Registration Fees in India Explained.
Step 4: Responding to the Examination Report
The Trademark Examiner issues an Examination Report once your application reaches the front of the queue. The report may:
- Accept the mark directly — sent straight for publication (ideal outcome)
- Raise absolute grounds objections — the mark is descriptive, generic, or lacks distinctiveness
- Raise relative grounds objections — the mark is similar to an existing registered mark
You must file a reply to the Examination Report generally within 30 days of receiving it. If the examiner is unsatisfied with your reply, a hearing is scheduled before a Trademark Hearing Officer. For a complete guide: Trademark Objection in India — How to Respond and Win.
Step 5: Publication and Opposition Period
Once the examination hurdle is cleared, the mark is published in the Trade Marks Journal — published weekly by IP India. From the date of publication, there is a 4-month opposition window during which any person can file an opposition on specified grounds.
If no opposition is filed within 4 months, or if an opposition is decided in your favour, the Registry proceeds to grant registration. To understand the opposition process: Trademark Opposition in India — What It Means and How to Handle It.
Step 6: Registration Certificate
After all stages are cleared, the Trademark Registry issues a Certificate of Registration. It shows your trademark number, date of application (the effective registration date), proprietor details, class, and date of expiry (10 years from application date). Once you receive it, you can use the ® symbol alongside your mark.
Fast Track: Expedited Examination
By paying an additional government fee on Form TM-M (₹20,000 for individuals, startups and MSMEs; ₹40,000 for others), you can move your application to the front of the examination queue, so the examination report comes much sooner. This is useful if you need the ® symbol urgently or are facing potential infringement.
Pro Tip: Filing through an experienced trademark agent dramatically improves your chances. Agents know how to draft the goods/services description to minimise objections, respond effectively to examination reports, and manage the opposition process. All India Returns provides end-to-end support, with professional fees starting at ₹5,249.
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Frequently Asked Questions
Can I use the ™ symbol immediately after filing?
Yes. Once your application is filed and you receive the TM Application Number, you can use the ™ symbol. The ® symbol is only permitted after you receive the Registration Certificate.
Do I need a lawyer or agent to file a trademark?
You can file yourself through the IP India portal. However, a registered trademark agent significantly improves your chances of success — particularly in responding to examination reports and handling oppositions. The cost of professional assistance is typically far less than the cost of a failed application.
Can I register the same trademark in multiple classes?
Yes. If your business covers multiple product or service categories, you can file a single application covering multiple classes, paying the fee for each class separately. This is common for diversified businesses.
What happens if my trademark application is rejected?
If the examiner refuses registration, you can appeal to the High Court within 3 months of the refusal order. (The Intellectual Property Appellate Board was abolished in 2021, so appeals now go to the High Court.)
How do I check my trademark application status?
You can track your application status anytime on the IP India public search portal at ipindia.gov.in using your application number. The status updates in real time as your application moves through each stage.
This article is for general information only and is not legal or tax advice. Rules and fees change; check the latest position or talk to our team before acting.
