How to Register a Trademark in India (2026) | Legal24by7

A registered trademark gives your brand exclusive legal protection and the right to use the registered symbol. Without it, anyone can copy your logo, name, or tagline and you have limited legal recourse. The process involves filing an application with the Trademark Registry, a 4-month examination period, publication in the Trademark Journal, and final registration if unopposed. The entire process typically takes 18–24 months, but you get TM protection from the date of application.

Trademark Registration

Step-by-Step Process

Step 1 — Trademark search and class selection

Before applying, run a comprehensive trademark search on the IP India portal (ipindiaonline.gov.in). Search for identical and phonetically similar marks in your chosen class(es). Trademarks are registered under 45 classes defined by the NICE Classification — Class 1–34 for goods, Class 35–45 for services. Choosing the right class is critical: if you file in the wrong class, your trademark will not protect your actual business. A professional trademark attorney will do a comprehensive clearance search covering phonetic similarities, transliterations, and prior-use marks.

Step 2 — File the application and respond to examination

File Form TM-A on the IP India online portal. The government fee is 4,500 per class for individuals, startups, and small enterprises (9,000 per class for others). After filing, you receive an Application Number and can use the TM symbol immediately. The Trademark Examiner reviews the application within 4 months and may issue an Examination Report raising objections. You must respond within 30 days (extendable to 60 days). If satisfied, the mark is published in the Trademark Journal and remains open to opposition for 4 months.

Frequently Asked Questions

5 questions answered by our legal experts

1How long does trademark registration take in India?

Typically 18–24 months if there are no objections or oppositions. If the examiner raises objections or a third party files an opposition, it can take 3–5 years. However, you can use the TM symbol from the date of application.

2What is the difference between TM and the registered symbol?

TM can be used once you have filed a trademark application — it indicates a claim to trademark rights. The registered symbol can only be used after your trademark is officially registered. Using it before registration is an offence under the Trade Marks Act.

3How many classes should I apply in?

Apply in all classes relevant to your business. If you run a clothing brand (Class 25) with an online store (Class 35) and a cafe (Class 43), apply in all three. A single application covers only one class.

4Can I trademark my company name and logo separately?

Yes, and it is recommended. A word mark protects the name regardless of font or design. A device mark (logo) protects the specific visual design. Filing both gives you the strongest protection.

5What happens if someone objects to my trademark?

If a third party files an opposition during the 4-month journal publication window, there will be a hearing before the Trademark Registrar. Both parties present evidence. This can delay registration by 1–3 years.

Get expert help

Ready to get this done?

Our legal experts handle everything — documents, filings, follow-ups — so you can focus on your business.

Get started Talk to an expert