How To Register a Trademark In India

Step-by-Step Process to Register a Trademark in India

Step 1: Trademark Search

• Purpose: To ensure your desired trademark (wordmark/logo/device mark) is not already registered or applied for.

• How:

  • Visit the IP India Public Search Portal: https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

  • Search by Wordmark / Vienna Code (for logo marks).

  • Check for conflicting marks in the relevant class.

Step 2: Identify the Correct Class

• There are 45 Classes as per the Nice Classification:

  • Class 1-34: Goods

  • Class 35-45: Services

• Example: Class 35 (Advertising & Business Services), Class 25 (Clothing), Class 9 (Software).

• You can file in multiple classes if applicable.

Step 3: Filing the Trademark Application

• Form to File: TM-A

  • Individual / Startup / Small Enterprise Fee: ₹4,500 per class.

  • Other Applicants Fee: ₹9,000 per class.

• Documents Required:

  1. Applicant’s Name & Address.

  2. Brand Name/Logo (if any) in JPEG format (200x150 pixels).

  3. Description of Goods/Services.

  4. Power of Attorney (Form TM-48) if applying through an agent/attorney.

  5. Proof of claim for Startup/Small Entity (if applicable).

• Where to File:

  • Online Filing (preferred): https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx

  • Or at the appropriate Trademark Registry Office (Chennai, Delhi, Mumbai, Kolkata, Ahmedabad).

Step 4: Examination by Trademark Office

• After filing, the application is scrutinized by a Trademark Examiner.

• They may:

  • Accept the mark.

  • Raise Examination Report (Objections) under Section 9 (descriptive) or Section 11 (similar marks).

• Reply to Examination Report (within 30 days).

Step 5: Show Cause Hearing (if required)

• If Examiner is not satisfied with the written response, they may call for a hearing.

• If convinced, they’ll accept the application; else, it may be refused.

Step 6: Publication in Trademark Journal

• Once accepted, the trademark is advertised in the Trademark Journal.

• This opens a 4-month window for third-party Opposition.

  • If no opposition is filed → proceed to registration.

  • If opposed → Opposition proceedings (reply, hearing, etc.)

Step 7: Trademark Registration

• If unopposed or opposition is resolved in your favor, the Trademark Registration Certificate is issued.

• Trademark is valid for 10 years from the application date.

• It can be renewed indefinitely every 10 years.