Your brand name and logo are among your most valuable assets. A registered trademark gives you the exclusive right to use them and the power to stop others from copying. Here's how trademark registration works in India in 2026.

What can you trademark?

You can register a brand name, logo, tagline, word, or a combination of these. To be registrable, a mark should be distinctive and not descriptive of the product itself. Invented words and unique logos are the easiest to protect; generic or purely descriptive terms are the hardest.

Trademark classes

Trademarks are registered under 45 classes (the NICE classification) — classes 1–34 cover goods and 35–45 cover services. You register in the class(es) that match your business. For example, software falls under class 9, while business consulting falls under class 35. Registering in the wrong class leaves you unprotected, so this step matters.

The registration process, step by step

Step 1 — Trademark search. Before filing, search the trademark registry to check that your mark isn't already taken or confusingly similar to an existing one. Skipping this is the most common cause of objections later.

Step 2 — File the application (Form TM-A). File online with your mark, the class(es), and applicant details. Startups, individuals and MSMEs (with a valid Udyam certificate) pay a lower government fee per class than large companies.

Step 3 — Use the ™ symbol. As soon as you file, you can use the ™ symbol next to your mark — you don't have to wait for registration.

Step 4 — Examination. A trademark examiner reviews your application and issues an examination report. If there are objections, you (or your attorney) file a written reply, and sometimes attend a hearing.

Step 5 — Journal publication. If accepted, the mark is published in the Trademark Journal for four months, during which anyone can oppose it. If there's no opposition, it proceeds.

Step 6 — Registration & the ® symbol. The registry issues the registration certificate. You can now use the ® symbol, and the trademark is valid for 10 years (renewable indefinitely).

™ vs ® — what's the difference?

• ™ can be used immediately after filing — it signals you're claiming the mark.
• ® can only be used after the trademark is officially registered. Using ® before registration is an offence.

How much does it cost?

Cost = government fee per class + professional/attorney fee. The government fee is lower for individuals, startups and MSMEs than for larger companies, and it is charged per class — so registering in three classes costs three times the government fee. A trademark search and a well-drafted application reduce the risk of objections that add cost and delay.

How long does it take?

If there are no objections or oppositions, registration typically takes 12–18 months end to end — but you get protection and the right to use ™ from the day you file. The examination stage is usually reached within a few months.

Protect your brand early

The earlier you file, the stronger your claim — trademark rights in India largely follow "first to file". A FilingLab trademark expert runs a free search, picks the right class, and files your TM-A so you can use ™ from day one. [Protect your brand](/contact).