How to Register a Trademark in India: Search, Filing, Fees, Objections and Renewal

Registering a trademark in India is done online and costs less than most people expect, but it takes patience, and small mistakes early on can cost you months or even the whole application. This guide walks through the search, the filing, the fees, what happens after you apply, and how to keep your registration alive.

Before You File: Search, Choose and Prepare

1. Run a clearance search

Before paying any fee, check whether your mark, or something similar, is already registered or applied for. Government fees are not refunded, even if the application is refused, so this step saves real money.

Search the IP India public trademark database for identical and similar words and logos, in your class and in related classes.
Look for similar sounds and spellings, translations and common variations, not just exact matches.
Check the international WIPO database if you plan to trade abroad.
Search the internet, marketplaces and social media for unregistered users of the same name, since prior users can challenge you.

If you find a close match in your class, consider a different name before you file.

2. Choose a distinctive mark

Coined or invented words and unusual uses of ordinary words register most easily. Names that simply describe your product, such as "Fresh Juice" for juice, are likely to be refused. Decide whether you want to protect the name, the logo or both, and if it is a logo, have the final artwork ready.

3. Pick your classes

India uses the 45 Nice classes, 34 for goods and 11 for services. Choose the class for each category of goods or services you sell or plan to sell, and prepare a clear description of them. Filing in the wrong class is a common cause of trouble. A software company, for example, may need Class 9 for software and Class 42 for cloud or software-as-a-service.

4. Decide who the applicant is

The applicant should be the person or entity that will own the brand and use it, such as the company, LLP, partnership firm or individual. Choosing the wrong applicant, for example a founder when the company runs the brand, can cause ownership problems later.

5. Gather your documents

Applicant's name, address, entity type and identity or incorporation details
The mark itself, and a clear high-resolution image of the logo if you are filing one
A list of goods or services for each class
The date the mark was first used in India, if it is already in use, and proof such as invoices, plus a user affidavit if you claim prior use
A Digital Signature Certificate if you file the application yourself online
A power of attorney in Form TM-48 if a trademark agent or advocate files for you
A DPIIT startup or Udyam certificate if you want the reduced fee for startups and small enterprises. You must submit it when you file.

Filing and What Happens Next

The government fee

The statutory fees under the Trade Marks Rules, 2017 for filing Form TM-A online are:

₹4,500 per class for individuals, DPIIT-recognised startups and small enterprises with a valid Udyam registration
₹9,000 per class for companies, LLPs, firms and all other applicants

Filing on paper costs ₹500 more per class in each category, so file online. The concession applies only if you submit your startup or Udyam certificate when you file. Filing fees are not refundable. Because the Registry has reportedly signalled a fee revision in 2026, check the amount shown on the IP India portal before you pay.

Professional fees are separate. Filing services and agents commonly charge anywhere from about ₹1,500 to ₹30,000 or more, depending on what is included and how many classes you file.

Step by step

Create an account on the IP India portal and prepare your Digital Signature Certificate, or hand the filing to a registered trademark agent.
File Form TM-A. Enter the applicant details, the mark, the class or classes and the description of goods or services. State whether the mark is already in use or is proposed to be used.
Pay the fee online. You receive a filing number and an acknowledgement almost immediately. From this point you can use the ™ symbol.
Formal check and examination. A Registry examiner checks your application against the Act, looks for conflicts with earlier marks and issues an examination report. The Registry does not always alert you, so check the portal status regularly.
Reply to any objection. If the report raises objections, you have 30 days to file a written reply, and if you miss that window the application can be treated as abandoned. Filing a reply and attending a show-cause hearing carry no government fee.
Hearing, if needed. If the examiner is not satisfied by your reply, you may be called to a hearing.
Acceptance and publication. Once accepted, your mark is published in the Trade Marks Journal.
Opposition window. For about four months after publication, anyone who thinks your mark conflicts with theirs can file an opposition. If none is filed, the application moves on.
Registration. The Registry issues the registration certificate, and you can start using the ® symbol.

Faster examination

You can ask for expedited examination for an additional government fee. Providers quote around ₹20,000 per class for individuals, startups and small enterprises and ₹40,000 per class for others, which is meant to cut the wait considerably. Check the current fee and whether it is worth it for your situation, since it is a large sum compared with the normal fee.

If you are filing as a proposed-to-be-used mark

You can still file, but you must genuinely intend to use the mark. Keep records showing that you start using it, since you will need them later if anyone challenges the registration.

Timelines, Certificate and Renewal

How long it takes

Most providers put the whole process at 12 to 18 months for a mark with no objection or opposition, and some quote 18 to 24 months. Roughly:

Filing: a day or so
Examination report: from about a month to several months after filing, depending on the Registry's queue
Publication in the Journal: after acceptance
Opposition period: about four months
Registration certificate: after the opposition window closes without a challenge

An objection, a hearing or an opposition adds months, and an opposition can add a year or more. These are typical figures, not promises.

The registration certificate

When the mark is registered you receive an electronic certificate. Registration takes effect from the date you filed the application, which is why a quick filing helps you against later applicants. Keep the certificate and your filing records somewhere safe, since you will need them for marketplaces, licensing and enforcement.

Renewal

A registration is valid for 10 years from the date of application. To keep it, you renew it every ten years:

Fee: providers quote ₹9,000 per class for online renewal and ₹10,000 per class for paper filing
When: you can file up to a year before expiry, and later filings attract extra charges, with the mark at risk of being removed if you leave it too long
No reminder: the Registry does not send an automatic notice, so set a calendar alert well ahead, and keep your contact details on the register up to date

A lapsed mark can often be restored on application, but during the gap a competitor may have moved in, so do not rely on it.

Keeping the registration healthy

Use the mark in commerce and keep dated records such as invoices, packaging, listings and advertisements. Five continuous years of non-use lets a third party seek removal under Section 47.
Use the mark as registered. Big changes to a logo can mean you need a new application.
Watch the Journal and the market for similar marks, and oppose conflicting applications within the four-month window.
Record changes. If the owner's name, address or legal form changes, or if you sell or license the mark, tell the Registry.
Use the right symbol. Use ™ before registration and ® after.

Protecting more than one class or country

If you expand into new goods or services, file for them in additional classes. To go abroad, register in each country or use the Madrid system to extend your Indian registration internationally.

Handling Objections and Oppositions

An examination objection

An examination report is common, and it is not a refusal. It lists the grounds on which the examiner doubts your mark, usually similarity to an earlier mark or a lack of distinctiveness. You can respond by:

Arguing the law and the facts in a written reply, explaining why your mark is distinctive and why the earlier mark is not confusingly similar
Showing use. Invoices, sales figures, advertising and reviews prove that customers already associate the mark with you
Narrowing your goods or services so that they no longer overlap with the earlier mark
Getting a consent letter from the owner of the earlier mark, which the Registry may take into account

File your reply within 30 days of the report, since a missed deadline can mean the application is treated as abandoned. If the examiner is not persuaded, you get a hearing. If you are refused after the hearing, you can appeal to the High Court.

An opposition

After your mark is published, a third party can oppose it within the opposition period of about four months. The opposition is filed on Form TM-O, and you must file a counter-statement within the prescribed time, or your application is treated as abandoned. The parties then file evidence and are heard. Many oppositions end in settlement, for example by narrowing the goods, so it can be worth talking to the other side early. Oppositions are slow and need professional help.

When to get a professional

A registered trademark agent or a lawyer is worth the cost when you file in several classes, when your mark is close to an existing one, or when you receive an objection or opposition. Their fees are separate from the government fees, so ask for a clear quote.

Mistakes to Avoid

Filing without a proper search, and losing the fee to a conflict you could have found
Choosing the wrong class or describing your goods badly
Filing a descriptive name and expecting it to register
Missing the 30-day window to reply to an examination report
Assuming the Registry will remind you. It does not always send notices, so check the portal
Claiming the concession without the certificate. The reduced fee needs your DPIIT or Udyam certificate at filing
Filing in the wrong name, for example in a founder's name when the company owns the brand
Using ® before registration
Forgetting to renew in year ten, or to use the mark

This guide is general information, not legal advice. Fees, forms and timelines change, so confirm current details on the IP India portal or with a registered trademark agent or advocate before you file.