Quick answer: Trademark and copyright in India
A trademark is registered under the Trade Marks Act, 1999 by filing Form TM-A with the Trade Marks Registry. The official fee is Rs. 4,500 per class for individuals, startups and small enterprises filing online, and Rs. 9,000 for others. After examination and advertisement in the Trade Marks Journal, third parties have four months to oppose, and a registration lasts 10 years and can be renewed indefinitely. Copyright arises automatically when an original work is created, and registration under the Copyright Act, 1957 serves as prima facie evidence. Call +91-8800669834.
Written and reviewed by Adv. Mridul Jindal, Advocate enrolled with the Bar Council of Delhi (2021) · Last updated 1 Nov 2026
Key facts
- Trademark filing: Form TM-A; fee Rs. 4,500 (individual, startup, small enterprise, e-filing) or Rs. 9,000 per class
- Opposition period: 4 months from advertisement in the Trade Marks Journal
- Trademark validity: 10 years, renewable
- Copyright: automatic on creation; registration is prima facie evidence (Section 48)
- Infringement suits: commercial disputes; IP Division of the Delhi High Court for higher-value cases
Trademark Registration Process
1. Search: check the Trade Marks Registry database for identical or similar marks in your classes.
2. File Form TM-A: with the mark, applicant details, class and description of goods or services, and the date of first use or "proposed to be used".
3. Examination: the Registry issues an examination report. A reply is usually due within one month, and a hearing may follow.
4. Advertisement and opposition: once accepted, the mark is published in the Trade Marks Journal, and anyone may oppose it within four months.
5. Registration: if unopposed or the opposition fails, the certificate issues. Renew every 10 years.
See our article on trademark registration in India for fees and timelines.
Copyright Protection
Copyright protects original literary, dramatic, musical and artistic works, software, films and sound recordings. It exists from creation, but registration with the Copyright Office gives you a certificate that courts treat as prima facie evidence of the particulars entered. Agreements assigning or licensing copyright must be in writing.
Infringement and Enforcement
Cease and desist notice: often the fastest way to stop copying of your brand, content or designs.
Online takedowns: notices to marketplaces, social media platforms and hosting providers for counterfeit listings and pirated content.
Suits and injunctions: trademark and copyright suits can be filed where the owner resides or carries on business (Section 134 Trade Marks Act; Section 62 Copyright Act). IP disputes are commercial disputes, and the IP Division of the Delhi High Court hears many of them. Courts can grant interim injunctions, appoint local commissioners to seize infringing goods, and award damages.
Passing off: even an unregistered mark can be protected against passing off if you have goodwill and the other side misrepresents its goods as yours.
How to Choose the Best Trademark Lawyer in Delhi
Finding the best trademark lawyer in Delhi means finding someone suited to your situation. Check that the advocate is enrolled with a State Bar Council (Adv. Mridul Jindal: Bar Council of Delhi, D/3547/2021), regularly handles trademark, copyright and infringement work for startups and businesses, explains the steps, timelines and costs in plain words without guaranteeing a result, and is easy to reach for updates.
Before Your First Meeting
Bring your logo or brand name, the list of goods or services, the date you started using the mark, and any evidence of copying such as screenshots, invoices or listings. See also startup legal services.
This page gives general information, not legal advice, and is not an advertisement or solicitation of work. See the disclaimer.
Official sources: IP India (Trade Marks Registry) · Copyright Office · Trade Marks Act, 1999 · Copyright Act, 1957
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Frequently Asked Questions
Rs. 4,500 per class for individuals, startups and small enterprises filing online, and Rs. 9,000 per class for others, under the Trade Marks Rules, 2017.
If there is no objection or opposition, it can take several months to over a year. Objections, hearings and oppositions add time.
Ten years from the date of application, and it can be renewed every ten years indefinitely.
No. Copyright exists automatically on creation, but registration gives prima facie evidence that helps in disputes.
Send a cease and desist notice, file takedown complaints with platforms, oppose their trademark application if any, and file a suit for infringement or passing off seeking an injunction and damages.
Brand or content being copied?
Register early and act quickly against infringement.
Disclaimer
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