Trademark Registration

Trademark registration under the Trade Marks Act, 1999 gives the owner exclusive legal rights to a brand name, logo, tagline or symbol within the registered class(es), and the right to sue for infringement. Any business or individual building a brand — startups, MSMEs, manufacturers, e-commerce sellers, professionals — should register to prevent competitors using confusingly similar marks. Registration is administered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) and is valid for 10 years, renewable indefinitely.

If no objection or opposition is raised, registration typically completes in 8–12 months. The application number is allotted within 1–2 working days of filing (Form TM-A). The examination report is usually issued 1–3 months from filing. If objected, the reply must be filed within 30 days. Once accepted, the mark is published in the Trade Marks Journal for a 4-month opposition window. If unopposed, the registration certificate is issued.

The government fee is charged per class on e-filing: ₹4,500 for an Individual, Startup or MSME, and ₹9,000 for a Company, LLP or other entity (physical filing is ₹5,000 / ₹10,000). This is separate from our professional fee and is non-refundable whether the application is accepted, objected to or refused. Each NICE class is a separate fee with no bundle discount.

You need the applicant’s identity/address proof, a clear copy of the mark (logo/wordmark), the list of goods or services, and a Power of Attorney (Form TM-48) authorising the attorney to file. To claim the 50% government-fee concession you must provide a valid Udyam (MSME) certificate or DPIIT startup recognition. A user-affidavit with proof of prior use is needed if you claim use from an earlier date.

India follows the international NICE Classification of 45 classes — Classes 1–34 cover goods and Classes 35–45 cover services. Your trademark is protected only in the class(es) you register under, so selecting the wrong class leaves your brand unprotected in your actual business category. Each class carries a separate government fee, and multi-class applications are cumulative with no bundle discount. A clearance search in the relevant class before filing reduces objection and opposition risk.

The Registry examines the application under Section 9 (absolute grounds — descriptive, generic, deceptive, non-distinctive) and Section 11 (relative grounds — conflict with an existing/pending mark). If an examination report raises objections, a written reply must be filed within 30 days (Rule 33(4)) — failure to respond leads to the application being treated as abandoned. We draft the response with evidence and represent you at any show-cause hearing.

Once accepted, the mark is advertised in the Trade Marks Journal. Under Section 21, any person may oppose the registration within four months of advertisement — this window is strictly non-extendable. If no opposition is filed, the mark proceeds to registration. If opposed, a counter-statement must be filed within two months, followed by evidence stages.

You may use the ™ symbol from the moment your application is filed — it signals a claim to the mark. The ® symbol can be used only after the registration certificate is granted. Using ® before registration is an offence under Section 107 of the Trade Marks Act, 1999. We advise on correct symbol usage throughout the process.

Yes — DPIIT-recognised startups and Udyam-registered MSMEs pay the concessional government fee of ₹4,500 per class instead of ₹9,000 on e-filing (a 50% saving) for a new application (Form TM-A). Important: this concession applies to new applications only — there is no such discount on renewal (Form TM-R), which is a flat ₹9,000 per class for everyone. If a DPIIT certificate has lapsed, filing at the concessional slab can render the application defective.

If the Examiner raises an objection, we file a reasoned reply within the 30-day window and attend the hearing; most well-evidenced objections are overcome and the mark proceeds to publication. If a third party files an opposition after publication, we file a counter-statement within two months and run the evidence and hearing stages. If the Registry ultimately refuses, an appeal lies to the High Court (the IPAB was dissolved in 2021). A strong clearance search and class strategy upfront minimise both risks.