Registering a trademark in India involves a defined series of steps under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. Here is the complete sequence.
Step 1 — Search before you file
Before spending money on a filing, conduct a comprehensive similarity search on the Trade Marks Registry database. You are looking for identical marks, phonetically similar marks, and marks with a similar overall impression — in your class(es) and related classes. Use our free search tool to check availability instantly.
Finding a conflict at this stage saves you the filing fee, the professional fee, and months of waiting, only to face rejection or an opposition.
Step 2 — Identify the right trademark class(es)
The NICE Classification divides all goods and services into 45 classes (Classes 1–34 for goods, 35–45 for services). You register in the class(es) that cover what your business sells or offers. Filing in the wrong class means your protection does not cover your actual goods/services. Browse all 45 classes to find yours.
Multi-class filing is possible — each class requires a separate government fee but a single professional engagement.
Step 3 — Prepare and file Form TM-A
The application is filed online at the IP India e-filing portal. The form requires:
- The mark itself (wordmark, logo, or combined mark)
- The applicant’s name and address (individual, proprietor, company, LLP, etc.)
- The class(es) and a description of the goods/services
- Declaration of use or intent to use
- Power of Attorney if filing through an agent
Government fees: ₹4,500 per class for individuals/start-ups/MSMEs; ₹9,000 per class for companies and LLPs. Once submitted, you receive a filing receipt with the application number and date — your priority date.
Step 4 — Formality check by the Registry
The Registry confirms the application is complete (correct form, fees, supporting documents). Any deficiency is communicated and must be corrected within the specified time.
Step 5 — Substantive examination
A Trade Marks Examiner reviews the mark for absolute grounds (is it distinctive? non-descriptive? not deceptive or scandalous?) and relative grounds (does it conflict with earlier registered marks?). If the examiner is satisfied, the mark proceeds to publication. If not, they issue an Examination Report.
Step 6 — Reply to Examination Report (if issued)
If an objection is raised, you have a fixed period to file a written reply explaining why the mark deserves registration. If the examiner is not satisfied with the written reply, they schedule a hearing. Both the reply and the hearing are covered in our standard professional fee.
Step 7 — Publication in the Trademark Journal
Once accepted, the mark is published in the official Trademark Journal. A four-month opposition window opens. Any third party who believes the mark conflicts with their rights can file a Notice of Opposition during this period.
Step 8 — Opposition proceedings (if any)
If an opposition is filed, both parties submit evidence and arguments. The Registrar (or IPAB/High Court on appeal) decides the outcome. If no opposition is filed in the four-month window, the application proceeds automatically to registration.
Step 9 — Registration and certificate
After the opposition window closes without challenge — or after opposition proceedings are resolved in your favour — the Registrar issues the Registration Certificate. The mark is recorded on the official register. You can now use ®.
Step 10 — Renewal (every 10 years)
Registration is valid for 10 years from the application date and is renewable indefinitely. Timely renewal is essential — lapsed registrations are removed from the register.
This article is educational information only and does not constitute legal advice. Every trade mark situation is different — consult a qualified IP professional for advice specific to your brand.