Quick answer
- A trademark is registered under the Trade Marks Act, 1999 by filing Form TM-A online with the Trade Marks Registry, class by class.
- Official fee per class (e-filing): ₹4,500 for individuals, startups and small enterprises, and ₹9,000 for others.
- After examination and publication in the Trade Marks Journal, third parties have four months to oppose. If there is no opposition, the mark is registered and is valid for 10 years, renewable indefinitely.
- You can use ™ from the day you file. Use ® only after registration; misusing it is an offence (Section 107).
Your brand name, logo and tagline are often your most valuable startup assets. Registering them early stops others from copying them and makes enforcement much easier.
In this article
- What can be registered as a trademark?
- Step 1: Search before you file
- Step 2: Choose the right classes
- Step 3: File Form TM-A
- Step 4: Examination and objections
- Step 5: Publication and opposition
- Step 6: Registration and renewal
- What protection does registration give?
- Need help?
- Frequently asked questions
- Sources
What can be registered as a trademark?
Words, names, logos, devices, slogans, shapes, colour combinations and even sounds, if they can distinguish your goods or services from others. Generic or purely descriptive words (for example “Best Lawyer”) are hard to register unless they have acquired distinctiveness (Section 9).
Step 1: Search before you file
Search the Trade Marks Registry’s public database for identical or similar marks in the same or related classes. A similar earlier mark can lead to an objection under Section 11 or an opposition. Also check company names and domain names.
Step 2: Choose the right classes
Goods and services are divided into 45 classes under the Nice Classification. For example, software is in Class 9, online services in Class 42, legal services in Class 45, and clothing in Class 25. File in every class where you actually use, or plan to use, the mark.
Step 3: File Form TM-A
File online with:
- The applicant’s details (individual, firm, LLP or company), and the MSME or DPIIT startup certificate if claiming the lower fee
- The mark, with a clear image for logos
- The goods or services description
- The date of first use, with a user affidavit and evidence if claiming prior use, or “proposed to be used”
- The fee: ₹4,500 or ₹9,000 per class (e-filing)
Step 4: Examination and objections
The Registry issues an examination report. If there are objections, file a reply within one month, with arguments and evidence of use. The examiner may accept the mark or call a hearing.
Step 5: Publication and opposition
The accepted mark is advertised in the Trade Marks Journal. Anyone may file a notice of opposition within four months (Section 21). If opposed, both sides file counter-statements and evidence, and the Registrar decides after a hearing.
Step 6: Registration and renewal
If unopposed, or once the opposition fails, the mark is registered. Registration lasts 10 years from the application date and can be renewed for further 10-year periods (Section 25). An unopposed application often takes about a year or more from filing to registration.
What protection does registration give?
- An exclusive right to use the mark for the registered goods or services
- A statutory action for infringement (Section 29), with injunctions and damages
- Easier action against copycats, including online marketplaces and domain disputes
Unregistered marks are protected only through the common-law action of passing off, which requires proof of goodwill and is harder to win.
Need help?
We handle searches, filings, objections, oppositions and infringement actions for startups and businesses. Speak to our startup lawyer in Noida, see our commercial law practice, or contact us. Also read our startup legal checklist.
Frequently asked questions
How much does trademark registration cost in India?
The official fee is ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 per class for others, when filed online. Professional fees are extra.
How long does it take to register a trademark?
An application with no objection or opposition often takes about a year or more. Objections and oppositions can extend this considerably.
Can I use the ® symbol after filing?
No. You can use ™ after filing, but ® only after the mark is registered. Falsely representing a mark as registered is an offence under Section 107.
How long is a trademark registration valid?
Ten years from the date of application, renewable every ten years indefinitely on payment of the renewal fee.
Sources
- Trade Marks Act, 1999 — Sections 9, 11, 21, 25, 29 and 107
- Trade Marks Rules, 2017 — First Schedule (fees)
- Nice Classification of goods and services
This article is general legal information, not legal advice for your specific case. Law and procedure change; please consult an advocate before acting.
Related guides
Need help with a trademark or copyright? See our Trademark & Copyright Lawyer in Delhi page for filing, objections, oppositions and infringement.
