Want to register a trademark in India? Here’s the whole journey — from what qualifies as a trademark, through searching, filing, examination and publication, to registration and renewal.
Note: Figures reflect the current Trade Marks Rules, 2017: filing is generally ₹4,500 (individual/startup/small enterprise) or ₹9,000 (others) per mark per class, on Form TM-A. Appeals now lie to the High Court (the IPAB was abolished in 2021), and renewal can be filed up to one year before expiry.
What is a trademark?
A trademark is any word (PEPSI), name (RAYMOND), surname (TATA, BATA), signature (LOUIS PHILIPPE), letters (BMW, IBM), numeral (555, 501), symbol (the Mercedes three-pointed star), device (the Amul Girl), colour scheme, packaging (Cadbury’s) or shape of goods (the Coca-Cola bottle) — or any combination — that identifies and distinguishes one party’s goods from others’. For services, it’s a service mark (DHL, Infosys).
Classification of goods and services
Applications must state the goods/services. India follows the Nice Classification — 45 classes (goods in 1–35, services in 36–45). Pick the right class(es).
Search first
Before filing or using a mark, search the Trade Marks Office records for similar marks — avoiding infringement and costly litigation. Also Google the mark: India is a common-law country where actual use carries weight alongside registration, so check competitors’ use, scope and reputation.
Step-by-step
a. File the application. On paper or online (ipindia.nic.in; online needs a digital signature). Provide the applicant’s name/address, nature of business, the mark, class, specification, date of first use in India, and priority details if any (India is a Paris Convention/TRIPS member — foreign applicants can claim priority from an overseas filing within six months). The office issues a receipt and stamped representation sheet; track status online by application number.
b. Examination. The office issues an examination report — objections on absolute grounds (not distinctive, descriptive, generic — e.g. “FAIRBEAUTY” for cosmetics) or relative grounds (similar existing marks) — or approves for publication. You have 30 days (non-extendable) to reply, overcoming objections with argument and evidence of acquired distinctiveness.
c. Hearing. If needed, a hearing lets you explain your evidence; the examiner then grants or refuses. Refusals can be appealed to the High Court.
d. Publication. Approved marks are published in the Trade Marks Journal, opening a window for third-party opposition.
e. Registration. If no opposition within four months of publication, the office registers the mark and issues the certificate — check it for accuracy.
f. Renewal. Registration lasts 10 years from filing, renewable every 10 years indefinitely (renewal fee ~₹5,000 per mark/class), filable up to one year before expiry.
The takeaways
- Search before you file — the register and Google, since use matters in India.
- File on Form TM-A with the right class(es) and a first-use date.
- Answer the examination report in 30 days — non-extendable, with strong evidence.
- Clear the 4-month opposition window, then renew every 10 years.
Frequently asked questions
How much does it cost to register a trademark in India? Under the 2017 Rules, generally ₹4,500 per mark per class for an individual/startup/small enterprise, or ₹9,000 for others (online filing).
How long does trademark registration take? It varies, but the examination report typically issues within several months of filing, and registration follows if the mark clears examination and the four-month opposition window.
Do I need to search before filing? Yes — searching the Trade Marks Office records (and Google) helps avoid conflicts and costly litigation, and matters in common-law India where use counts.
How long does a trademark registration last? Ten years from the filing date, renewable every ten years indefinitely (renewal filable up to a year before expiry).
Useful official resources
- The Trade Marks Act, 1999
- Trade Marks Registry — IP India