AS | Ankit Sarawagi|Founder, CFOmatrix·June 2026·13 min read | Updated Jun 2026 |
- The process is: search, pick class, file TM-A, examination, publication, opposition window, registration, and you can use the TM symbol from the date of filing.
- The government e-filing fee is ₹4,500 per class for individuals, DPIIT startups and Udyam/MSME enterprises, and ₹9,000 per class for everyone else.
- With no objection and no opposition, registration usually takes about 6 to 18 months; objections or opposition can push it past 2 years.
- You can file it yourself on ipindiaonline.gov.in with a Class 3 Digital Signature Certificate; you only need Form TM-48 if an agent files for you.
- Use the TM symbol any time, but the registered (R) symbol only after the mark is registered, misusing it earlier is an offence.
| ₹4,500 E-filing fee per class for individuals, startups & MSMEs | 6-18 mo Typical time to register with no objection or opposition | 10 years Validity of a registration, renewable via Form TM-R |
Trademarks in India are governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, administered by the Registry under the Controller General of Patents, Designs and Trade Marks (CGPDTM). You file online at ipindiaonline.gov.in. Always confirm current fees and forms on ipindia.gov.in.
The Trademark Registration Process at a Glance
Registering a trademark in India is a defined, mostly online process with nine stages: search, pick your class, prepare documents, file Form TM-A, examination, reply to the Examination Report, hearing if needed, publication in the Journal, and registration. From the moment you file, you can legally use the TM symbol next to your brand.
Here is the whole journey before we go step by step.
| Stage | What happens | Form |
|---|---|---|
| 1-2. Search & class | Check the register; pick class(es) under NICE classification | None |
| 3-4. Prepare & file | Gather documents; file online and pay the per-class fee | TM-A |
| 5-7. Examine & reply | Examiner may object; reply in 30 days; hearing if needed | None |
| 8. Publication | Mark published in the Journal; 4-month opposition window | TM-O (opposer) |
| 9. Registration | No opposition (or you win): certificate issues, valid 10 years | TM-R (renewal) |
The fee is charged per class, per mark. If your brand spans goods and services in different classes (say a product and a related service), each class is a separate fee. Multi-class applications are allowed in a single filing.
Steps 1-2: Run a Search and Pick the Right Class
The first two steps decide most of your outcome. A trademark search tells you whether your mark is free to register, and the class defines what your protection actually covers. Get these wrong and you waste months and fees.
Step 1: The trademark search
Before you spend a rupee on filing, search the public trade marks register on ipindiaonline.gov.in for identical or confusingly similar marks in your class. Widen the check to a general web search, domain names and the MCA company-name database. If a similar mark already exists in your class, your application is likely to draw an objection under Section 11 (relative grounds), so it is better to know before you file.
Step 2: Pick your class under the NICE classification
India follows the NICE classification of 45 classes: classes 1 to 34 cover goods and classes 35 to 45 cover services. You register a mark for specific goods or services, not in the abstract. A coffee brand selling roasted beans is in a goods class; if it also runs cafes or an online store, that is a separate services class.
Goods are 1 to 34, services are 35 to 45. The fee is per class, so map your real business now and in the near future before you choose, adding a class later means a fresh application and a fresh fee.
Steps 3-4: Prepare Documents and File Form TM-A
With a clear mark and class, you gather your documents and file Form TM-A, the trademark application, online at ipindiaonline.gov.in. Pay the per-class government fee and your filing is live. From this date you can use the TM symbol.
Step 3: What you need to file
- Applicant KYC details: name, address and the type of applicant (individual, company, LLP, startup).
- The mark itself: the word for a word mark, or the logo image for a device mark.
- List of goods or services and the class you chose under the NICE classification.
- Date of first use: if you claim prior use, you must support it with a user affidavit; otherwise you file on a “proposed to be used” basis.
- Udyam or DPIIT certificate if you want to claim the lower fee as an MSME or a recognised startup.
Step 4: File and pay
File TM-A online and pay the fee. The government e-filing fee is ₹4,500 per class, per mark for an Individual, a DPIIT-recognised Startup or a Small Enterprise (Udyam or MSME registered), and ₹9,000 per class, per mark for others such as companies and LLPs. Physical filing is higher at ₹5,000 and ₹10,000, so e-filing is both cheaper and faster.
| Applicant type | E-filing (per class) | Physical (per class) |
|---|---|---|
| Individual / Startup / MSME | ₹4,500 | ₹5,000 |
| Company / LLP / others | ₹9,000 | ₹10,000 |
Individuals, startups and MSMEs get roughly a 50% concession on the government fee. If you are a company eligible for Udyam registration, getting that certificate first can halve your filing cost per class. Verify the current figures on ipindia.gov.in before you pay.
Steps 5-7: Examination, the Examination Report and Hearing
After filing, the Registry examines your mark. If the Examiner has concerns, they issue an Examination Report (also called an objection). You reply within 30 days, and if the objection is not resolved on paper, a show-cause hearing is fixed.
What an objection is (and is not)
An objection is raised by the Registry’s Examiner in the Examination Report, usually on absolute grounds under Section 9 (the mark is descriptive, generic or non-distinctive) or relative grounds under Section 11 (it conflicts with an earlier mark). This is different from an opposition, which comes later from a third party. Do not panic at an Examination Report: many are resolved with a well-drafted reply.
Replying and the hearing
You have 30 days from the report to file a reply, arguing distinctiveness or distinguishing your mark from the cited ones, with evidence of use if relevant. If the Examiner is still not satisfied, you attend a show-cause hearing and make your case. Clear the objection and the mark moves to publication.
Missing the 30-day deadline to reply to the Examination Report can get your application treated as abandoned. Diarise the date the moment the report arrives. If the objection is on Section 11 grounds (an earlier conflicting mark), this is the point to get professional help.
Steps 8-9: Publication, Opposition and the Certificate
Once accepted, your mark is published in the Trade Marks Journal. Third parties then get a 4-month window to oppose it. If no one opposes, or you win the opposition, the mark is registered and a certificate is issued, valid for 10 years.
The opposition window
An opposition is filed by a third party (not the Registry) after publication, using Form TM-O, on the ground that the mark should not be registered. If an opposition is filed, both sides exchange evidence and the Registrar decides. If no opposition lands in the 4-month window, you sail through to registration.
Registration, validity and renewal
On clearance, the registration certificate issues and you can now use the registered (R) symbol. A registration lasts 10 years and is renewable every 10 years using Form TM-R. Renew within the 1 year before expiry; if you miss it, restoration is possible within 1 year after expiry with a surcharge.
If your application is refused, appeals no longer go to the IPAB, which was abolished by the Tribunals Reforms Act, 2021. Appeals against the Registrar’s decisions now go to the relevant High Court (its IP Division where one exists). Treat refusal as a fork: fix and refile, or appeal with counsel.
Can You File a Trademark Yourself in India?
Yes. A proprietor can self-file directly on the IP India portal at ipindiaonline.gov.in using a Class 3 Digital Signature Certificate (DSC). You do not legally need an attorney to file. You only need Form TM-48 (power of attorney) if an agent or attorney files on your behalf.
What you need to DIY a trademark filing
- A Class 3 Digital Signature Certificate to sign the online application.
- Applicant KYC details (name, address, applicant type).
- The logo image if you are filing a device mark (not needed for a plain word mark).
- The list of goods or services and the class.
- The date of first use, plus a user affidavit if you are claiming prior use.
- Your Udyam or DPIIT certificate if you want the lower (₹4,500 per class) fee.
When to use an attorney instead
Self-filing is realistic for a clean word mark in an obvious class. Bring in an attorney when the search is borderline, classification is genuinely unclear, you receive an Examination Report or a hearing, or someone files an opposition. In those situations the drafting and advocacy matter, and the attorney files using Form TM-48 as your authorised agent.
DIY cost for a startup filing one word mark in one class is essentially the ₹4,500 government fee plus a DSC. An attorney adds a professional fee on top. The maths favours DIY for simple marks and favours an attorney once an objection, hearing or opposition is in play.
Founder Watch-Outs Before You File
A few avoidable mistakes cost founders months and money. Run through these before you file.
| Do not use the registered (R) symbol too early |
You can use TM from day one, but the registered (R) symbol can only be used after the mark is actually registered. Using it before registration is an offence in India.
| Do not skip the search to save time |
Filing without a proper search is the most common reason for an avoidable Section 11 objection or a later opposition. A few hours of searching protects months of process.
| Choose the class for your real business |
Filing in the wrong class, or too few classes, leaves gaps a competitor can exploit. Map goods and services to classes carefully, since each one is a separate fee and a separate application scope.
“A trademark is the cheapest insurance a founder can buy. File early, use TM from the date of filing, and you have protected your brand for the price of a single class fee.”
Ankit Sarawagi, CFOmatrixFrequently Asked Questions
How do I register a trademark in India?
Run a trademark search, pick the right class under the NICE classification, prepare your documents, file Form TM-A online at ipindiaonline.gov.in with the per-class fee, reply to any Examination Report within 30 days, wait for publication in the Trade Marks Journal and the 4-month opposition window, and if there is no opposition the mark is registered and a certificate is issued, valid for 10 years.
Can I register a trademark myself in India?
Yes. A proprietor can self-file on the IP India portal at ipindiaonline.gov.in using a Class 3 Digital Signature Certificate. You will need your applicant KYC details, the logo image for a device mark, the list of goods or services and the class, the date of first use (with a user affidavit if prior use is claimed), and your Udyam or DPIIT certificate to claim the lower fee. You only need Form TM-48 if an agent or attorney files on your behalf.
What is the government fee to register a trademark in India?
The government e-filing fee is ₹4,500 per class, per mark for an Individual, a DPIIT-recognised Startup, or a Small Enterprise registered under Udyam or MSME, and ₹9,000 per class, per mark for others such as companies and LLPs. Physical filing is higher (₹5,000 and ₹10,000). Always verify current fees on ipindia.gov.in.
How long does trademark registration take in India?
If there is no objection and no opposition, trademark registration in India typically takes about 6 to 18 months. With an Examination Report or a third-party opposition it can take 2 years or more. You can use the TM symbol from the date of filing, so protection effectively starts early.
What is the difference between an objection and an opposition?
An objection is raised by the Registry’s Examiner in the Examination Report, usually on absolute grounds under Section 9 or relative grounds under Section 11. An opposition is filed by a third party after the mark is published in the Trade Marks Journal, using Form TM-O within the 4-month window.
Do I need a lawyer to register a trademark in India?
No, you do not legally need a lawyer. A proprietor can file directly on ipindiaonline.gov.in. An attorney becomes worth it when the search is borderline, the goods or services are hard to classify, you receive an Examination Report or a hearing, or someone files an opposition. If an attorney files for you, they need Form TM-48 (power of attorney).
When can I use the TM and the registered symbols?
You can use the TM symbol immediately, even before or without registration, to claim common-law rights over an unregistered mark. The registered (R) symbol can only be used after the mark is actually registered. Using the registered symbol before registration is an offence in India.
This is general information, not legal advice. Trademark fees, forms and rules change, so verify the current position on the official portal at ipindia.gov.in (file online at ipindiaonline.gov.in) and consult a qualified trademark attorney for your specific situation.
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AS | Founder, CFOmatrix | Finance Strategy & Equity Compliance CFOmatrix is a knowledge platform focused on how finance actually works inside growing companies. Every insight is shaped by real operating experience across startups and growth-stage companies, including cross-border setups. |