How to Register a Trademark in India — Complete 2026 Guide

Verified against IP India official fee schedule — Trade Marks Rules 2017 First Schedule. Last updated May 2026. Authored by Legismith Partners LLP — IP India Registered Trademark Attorneys, Pune, Maharashtra. Author: Amar Gite (TM Attorney No. 40506).

A trademark registration in India gives your brand legal protection under the Trade Marks Act 1999. Without registration, you cannot enforce your brand name against infringers in court. This guide covers the full registration process — from choosing the right NICE class to receiving your registration certificate — including all fees, timelines, and documents required.

For a complete breakdown of all fees, see the trademark filing cost in India guide with stage-by-stage cost tables.

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What Is a Trademark?

A trademark is any sign capable of distinguishing the goods or services of one business from those of others. Under Section 2(1)(zb) of the Trade Marks Act 1999, a trademark includes any word, device, brand, heading, label, ticket, name, signature, letter, numeral, shape of goods, packaging, combination of colours, or any combination of these. In practice, the most commonly registered trademarks in India are:

• Wordmarks — brand names in plain text (e.g., TATA, INFOSYS, SWIGGY)
• Device marks — stylised text, logos, or combined word-and-logo marks
• Sound marks — distinctive audio signatures (e.g., the Nokia ringtone, the Intel bong)
• Colour marks — specific colours or colour combinations associated with a brand
• 3D marks — distinctive shapes of products or packaging

Types of Trademarks in India

Type	Description	Indian Example	Filing Fee (per class)
Wordmark	Brand name in standard text, no specific font or design	AMUL, FLIPKART, BYJU’S	₹4,500 / ₹9,000
Device Mark (Logo)	Stylised logo, artwork, or combined word + design element	Tata Nexon logo, Air India Maharaja	₹4,500 / ₹9,000
Combined Mark	Word and device together as a single composite trademark	Zomato logo with name, Swiggy with delivery icon	₹4,500 / ₹9,000
Sound Mark	Unique audio signature represented as a sound spectrogram	Yahoo! yodel, Nokia tune	₹4,500 / ₹9,000
Colour Mark	Specific colour or combination claimed as distinguishing feature	Cadbury purple (Reg. No. 1891690)	₹4,500 / ₹9,000

5-Step Trademark Registration Process in India

Step	Stage	Timeline	What Happens
1	NICE Class Selection and Trademark Search	Day 1	Legismith identifies correct NICE classes and runs availability searches. Marks that conflict with existing registrations are identified before filing to avoid certain refusal.
2	Application Filing (Form TM-A)	Day 2–3	Application filed on IP India portal. Filing number issued immediately. You can use the ™ symbol from this point. Government fee of ₹4,500 or ₹9,000 per class paid at this stage.
3	Examination Report (Form TM-M reply)	Month 6–9	Trademark examiner reviews the application. Approximately 80–90% of applications receive an examination report raising Section 9 or Section 11 objections. Written reply must be filed within 30 days of receipt. Zero government fee.
4	Show Cause Hearing (if required)	Month 9–12	If the examiner is not satisfied with the written reply, a hearing is scheduled before a Trademark Hearing Officer. Attorney presents oral arguments. Zero government fee. Outcome: accepted or refused.
5	Publication and Registration	Month 12–18	Accepted marks are published in the Trade Marks Journal for a 4-month opposition window. If no opposition is filed or opposition is defeated, the registration certificate is issued. You can use the ® symbol from this point.

Documents Required for Trademark Registration

For All Applicants

• The trademark itself — wordmark as text, or device mark as a high-resolution JPG/PNG (800×800 px or higher)
• Description of goods or services — what products or services the trademark will cover under the chosen NICE class
• Applicant’s name and address
• User date — the date from which the mark has been in use (if “to be used” application, no user date needed)
• Signed Power of Attorney (Form TM-48) — authorising Legismith to file and correspond on your behalf

Additional Documents for Individuals

• Identity proof (Aadhaar, PAN, Passport)
• Address proof

Additional Documents for Companies and LLPs

• Certificate of Incorporation (MCA)
• Board Resolution or Letter of Authorisation identifying the authorised signatory
• GST Registration Certificate (if available)

Additional Documents for MSME and Startup Concession

• Udyam Registration Certificate (for MSMEs claiming concessional rate of ₹4,500)
• DPIIT Startup Recognition Certificate (for startups claiming ₹4,500 rate)
• See the full guide to claiming your 50% MSME and startup fee concession

NICE Classification — Choosing the Right Trademark Class

India follows the Nice Classification (NCL) system — an international classification of goods and services for trademark registration. There are 45 classes: Classes 1–34 cover goods, and Classes 35–45 cover services. Filing in the wrong class means your trademark does not protect your actual business activities. Filing in too many unnecessary classes means paying ₹4,500 or ₹9,000 per class needlessly.

Class	Category	Typical Indian Businesses	Govt Fee (per class)
Class 9	Electronics, software, downloadable apps	Mobile app developers, edtech platforms, hardware companies, cybersecurity firms	₹4,500 / ₹9,000
Class 25	Clothing, apparel, footwear, headgear	Fashion brands, garment exporters, sportswear companies, streetwear labels	₹4,500 / ₹9,000
Class 35	Business services, advertising, retail services	Consulting firms, marketing agencies, e-commerce platforms, retail chains	₹4,500 / ₹9,000
Class 42	Technology services, SaaS, cloud computing, IT services	SaaS companies, cloud platforms, IT outsourcing firms, AI/ML startups	₹4,500 / ₹9,000
Class 41	Education, training, entertainment, sporting events	EdTech companies, coaching institutes, event management, OTT platforms	₹4,500 / ₹9,000
Class 5	Pharmaceuticals, healthcare, dietary supplements	Pharma companies, ayurveda brands, nutraceutical startups, wellness products	₹4,500 / ₹9,000
Class 3	Cosmetics, beauty products, personal care	Beauty brands, skincare companies, D2C personal care, perfume makers	₹4,500 / ₹9,000
Class 43	Food and beverage service, restaurants, cafes	Restaurant chains, cloud kitchens, café brands, food delivery services	₹4,500 / ₹9,000
Class 30	Food products — tea, coffee, spices, biscuits, rice, flour	FMCG food brands, snack companies, agricultural products, spice brands	₹4,500 / ₹9,000
Class 44	Medical services, healthcare, dental services	Hospitals, diagnostic centres, telehealth platforms, dental chains	₹4,500 / ₹9,000

Note: Many businesses require 2–4 classes for complete protection. A SaaS company typically needs Class 9 (software) and Class 42 (services). A food brand may need Class 30 (products) and Class 43 (restaurant/café services). Legismith provides a free class analysis before every filing to identify the minimum classes required for complete protection.

How Much Does Trademark Registration Cost?

The government trademark registration fee in India is ₹4,500 per class for individuals and ₹9,000 per class for companies under Trade Marks Rules 2017. With Legismith’s ₹20,000 all-inclusive professional fee, total investment is ₹28,100 (inclusive of GST) for individuals or ₹32,600 for companies for one class. For a complete trademark filing cost breakdown with stage-by-stage tables, see the full fee guide. See also: examination report reply costs and the guide to claiming your 50% fee concession.

Why File a Trademark Early?

India follows a first-to-file system, not a first-to-use system. This means if a competitor files for your brand name before you do — even if you have been using it for years — they can potentially block your use. Filing early provides four concrete advantages:

1. Priority date established from filing day — a pending application blocks subsequent similar filings. You can oppose any application that conflicts with your mark, regardless of whether your registration has been granted yet.
2. TM symbol available immediately — deters infringers visually from the date of filing.
3. Stronger legal standing in disputes — registration is prima facie evidence of ownership under Section 31 of the Trade Marks Act 1999.
4. Asset for investors and acquirers — venture capital and private equity investors typically require trademark registrations as a condition of investment. A registered trademark adds measurable value to a brand during acquisition diligence.

What Cannot Be Registered as a Trademark?

• Descriptive marks — marks that describe the quality, quantity, kind, or character of goods (e.g., “FRESH” for food, “FAST” for delivery)
• Generic terms — common words used to describe a category (e.g., “COMPUTER” for computers)
• Geographic names — place names used in connection with goods (e.g., “DARJEELING” for tea — though collective marks exist for geographical indications)
• Deceptive marks — marks likely to deceive consumers about the nature or origin of goods
• Marks identical or deceptively similar to registered marks — assessed under Section 11 of the Trade Marks Act 1999
• Marks contrary to public order or morality — under Section 9(2)(c)
• National emblems and official signs — national flags, Ashoka Chakra, government emblems under Section 9(2)(a)
• Marks consisting solely of shape dictated by function — shapes that result from the nature of the goods themselves cannot be registered as trademarks

Frequently Asked Questions — Trademark Registration India

How long does trademark registration take in India?

Trademark registration in India takes approximately 12 to 18 months under standard processing timelines. The filing and filing number issuance happens within 1–3 business days. The first examination report typically arrives within 6–9 months of filing. After examination proceedings (reply and any hearing), accepted marks are published in the Trade Marks Journal for a 4-month opposition window. Registration certificates are issued after the opposition period closes. Expedited examination is available for an additional fee of ₹20,000 per class (individuals) or ₹40,000 per class (companies).

Can I file a trademark without an attorney in India?

Yes, the Trade Marks Rules 2017 allow applicants to file trademark applications directly on the IP India portal without an attorney. However, approximately 80–90% of trademark applications in India receive an examination report requiring a technical written reply. Applications filed without professional guidance frequently receive broad objections and, without a proper reply, are often refused or abandoned. Legismith’s flat fee of ₹20,000 covers both filing and all examination proceedings, making professional filing cost-effective given the risk of losing the ₹4,500–₹9,000 government fee to a refused application.

What is the difference between a trademark and a copyright?

A trademark protects your brand identity — the name, logo, or tagline that identifies your goods or services in the marketplace. A copyright protects original creative works — books, music, software code, artwork, films. A trademark requires registration to get full legal protection in India; copyright subsists automatically from the moment of creation. A brand name and logo can have both trademark protection (for market identity) and copyright protection (for the artistic design element). Trademark registration costs ₹4,500–₹9,000 per class; copyright registration costs ₹500 for literary/dramatic/artistic works.

What happens if my trademark is opposed after publication?

If a third party files an opposition during the 4-month publication window, the application enters opposition proceedings. The opponent files a Notice of Opposition (Form TM-O); you file a Counter-Statement (Form TM-O, ₹2,700 per class for e-filing). Evidence is exchanged; hearings are held. Opposition proceedings can extend the total process by 12 to 24 months. Legismith handles opposition proceedings — contact us at tm@legismith.com to discuss costs specific to your opposition.

Is my trademark valid across all states in India?

Yes. A trademark registered in India is valid and enforceable throughout the entire territory of India — all states and union territories. India does not have state-level trademark registrations; only central registrations under the Trade Marks Act 1999 administered by IP India. For protection in other countries, a separate application through the Madrid Protocol system is required. See the international trademark filing cost guide for details.

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