Trademark registration gives you exclusive legal rights over your brand name, logo, or tagline. Here's how to register yours in India.

Why Register a Trademark?

• Legal monopoly on your brand in India
• Sue infringers for damages
• Use ® symbol for credibility
• License or franchise your mark for royalty
• Add to company valuation during fundraising
• Required for Amazon Brand Registry

Step 1: Trademark Search

Before filing, search for similar marks on:

• IP India Trademark Search (ipindiaonline.gov.in)
• TESS (US, if planning abroad)
• Google, Amazon, social media

A distinctive mark (invented word, unique logo) has higher success rate than descriptive ones.

Step 2: Class Selection

India follows NICE Classification with 45 classes:

• Classes 1–34: Goods (e.g., Class 25 = clothing, Class 9 = software)
• Classes 35–45: Services (e.g., Class 41 = education, Class 42 = IT services)

File in classes covering your current and planned business. Each class = separate fee.

Step 3: File TM-A Application

Online filing at ipindia.gov.in with:

• Applicant details
• Mark (word / logo JPEG)
• Class selection
• Goods/services description
• Date of first use (if applicable)
• Priority claim (if applicable)

Step 4: Pay Fees

• Individual/Startup/MSME: ₹4,500 per class
• Companies (without MSME): ₹9,000 per class

Step 5: Examination

Within 1–3 months, the Registrar examines your application and may raise objections under:

• Section 9 (Absolute grounds — descriptive, generic)
• Section 11 (Relative grounds — similar to existing marks)

Respond within 30 days with evidence of distinctiveness and non-similarity.

Step 6: Journal Publication

Accepted marks are published in the Trade Marks Journal for 4 months. Any third party can oppose during this period.

Step 7: Registration

If no opposition (or opposition overruled), registration certificate is issued. Total timeline: 12–24 months.

Using ™ vs ®

• ™: Use immediately after filing — establishes common law rights
• ®: Use only after registration certificate — full statutory rights

Cost Summary

• Government fee: ₹4,500 per class (MSME)
• Professional fee: ₹3,499
• Total at FilingLab: ₹7,999 per class

Renewal

Trademarks are valid for 10 years and renewable indefinitely. File TM-R form 6 months before expiry.

Common Mistakes

• Descriptive marks (e.g., "Best Pizza")
• Generic terms (e.g., "Apple" for fruits)
• Copying international brands
• Filing in wrong class
• Missing examination response deadline

Protect your brand before a competitor files it first. Start your trademark registration with FilingLab today.