A registered trademark is the legal foundation of brand ownership in India. It gives you exclusive rights over your brand name and logo, the ability to sue infringers, and the credibility that enterprise customers and e-commerce marketplaces demand. This guide covers every step of trademark filing in 2026 — from class selection to registration certificate.
What is a trademark and why should I register one?
A trademark is a unique sign — word, logo, symbol, slogan, sound, even smell — that distinguishes your goods or services from others in the market. Registered trademarks are governed by the Trade Marks Act, 1999 and provide the proprietor with statutory rights for 10 years (renewable indefinitely in 10-year blocks). Registration converts a casual brand into a legally enforceable asset.
Unregistered marks have only "common law" protection, which is harder to enforce and limited to the geographic area of use. Registration gives you nationwide statutory rights, the ability to file infringement suits in any High Court, and eligibility for Amazon Brand Registry, Flipkart Brand Hub, and similar e-commerce gating mechanisms.
What can I register as a trademark?
- Word marks: Brand names like "TATA", "INFOSYS", "REGISTEREASE"
- Logo marks: Visual logos, with or without text
- Composite marks: Logo + text combinations
- Sound marks: Jingles (e.g., the ICICI bank tune)
- Color marks: Single colors associated with brands (Cadbury purple)
- Shape marks: Distinctive packaging shapes (Coca-Cola bottle)
- Smell marks: Rare but allowed if distinctive (unused in India)
You cannot register: generic words, descriptive terms, words that mislead, names of living persons without consent, government emblems, names of religious deities, and marks identical to registered trademarks.
How do I choose the right trademark class?
India follows the NICE Classification system — 45 classes covering all goods (Classes 1-34) and services (Classes 35-45). You must file in every class where you intend to operate. The most-requested classes:
| Class | Covers |
|---|---|
| Class 9 | Software, mobile apps, electronics |
| Class 25 | Apparel, footwear, headgear |
| Class 30 | Food products (tea, coffee, snacks, condiments) |
| Class 35 | Advertising, business management, online retail |
| Class 36 | Financial services, insurance, real estate |
| Class 41 | Education, entertainment, sporting activities |
| Class 42 | Scientific / technological services, software development |
| Class 43 | Restaurants, hotels, accommodation |
| Class 44 | Medical services, beauty care, agriculture |
For a SaaS company, you typically need Class 9 (software product) + Class 42 (software development services) + Class 35 (online business services). For a D2C food brand: Class 29 / 30 / 32 depending on category + Class 35 for retail.
What documents do I need to file a trademark?
- Mark itself: Word, logo image (JPG/PNG, ideally 1024×1024px), sound clip (for sound marks), etc.
- Applicant details: PAN + address proof (individual, partnership, or company)
- Form TM-48 (Power of Attorney): Authorising your trademark agent to file
- Startup India / MSME certificate: For 50% government fee discount
- User affidavit: If claiming "prior use" date (helps in opposition; otherwise filed as "proposed to be used")
- Description of goods/services: Brief statement of what the mark covers in each class
What is the trademark registration process?
- Trademark search: Comprehensive search across all 45 classes + common law databases — usually free at RegisterEase
- Class selection: Pick the class(es) based on your business activity
- Application filing (TM-A): File online on ipindia.gov.in — TM number generated immediately
- Formalities check: Registry checks paperwork (1-2 weeks)
- Examination report: Examiner issues report — accept, conditional, or objection (6-8 months)
- Response to objections (if any): Within 30 days of examination report
- Show-cause hearing: If objections aren't satisfactorily resolved
- Publication in Trade Marks Journal: 4-month opposition window opens
- Opposition (if any): Third parties can file opposition within 4 months
- Registration certificate: Issued if no opposition, valid for 10 years
How much does trademark registration cost?
| Component | Individual / Startup / MSME | Other applicants |
|---|---|---|
| Government fee (per class, e-filing) | ₹4,500 | ₹9,000 |
| Government fee (per class, physical) | ₹5,000 | ₹10,000 |
| RegisterEase professional fees | ₹699 (Basic) – ₹1,999 (Standard) | ₹699 – ₹1,999 |
| Examination response (if needed) | ₹2,999 – ₹6,999 | ₹2,999 – ₹6,999 |
Total cost for a single-class TM filing for a DPIIT-recognised startup or MSME: ~₹5,200 to ₹6,500 all-in. For three-class filings: ~₹15,000.
How long does trademark registration take in India?
End-to-end timeline: 12-18 months if there are no objections, longer with objections or opposition. Phase-wise:
- TM number issued: Same day (use it for ™ symbol immediately)
- Formalities check: 2-4 weeks
- Examination report: 6-8 months
- Acceptance + Journal publication: 9-12 months
- 4-month opposition window closes: 13-16 months
- Registration certificate: 14-18 months
You can use the ™ symbol from day 1 of filing (signals an unregistered claim). The ® symbol can only be used after the registration certificate is issued.
What if my trademark application is opposed or objected?
Around 40% of TM applications receive an examination objection. The two main grounds:
- Section 9 (absolute grounds): Mark is generic, descriptive, or lacks distinctiveness. Respond with distinctiveness arguments + acquired-distinctiveness affidavit if mark has been in use.
- Section 11 (relative grounds): Conflicts with prior registered/applied marks. Respond with dissimilarity arguments (visual, phonetic, conceptual) + class differentiation if applicable.
If your mark is opposed during journal publication, the Registry conducts proceedings — typically resolved in 12-24 months. Around 65% of oppositions favor the registered/prior-applied mark, so always do a thorough prior search before filing.
Ready to register your trademark?
Start your trademark registration online with RegisterEase from ₹699 (Basic). Includes free TM search, professional drafting of goods/services description, Form TM-A filing, and tracking through to registration. For full peace of mind, our ₹1,999 Standard plan adds examination response.