How to apply for a trademark in India — complete 2026 guide

About 4.7 lakh trademark applications were filed in India in FY 2024-25 (Annual Report, Office of Controller General of Patents, Designs & Trade Marks). Of these, around 57% got registered within 24 months; the rest were either abandoned, opposed, refused on §9 / §11 grounds, or stuck in examination response. The single biggest reason for refusal: failure to respond to the Examination Report within 30 days.

A trademark is a sign — word, logo, slogan, sound, shape, colour, packaging — that distinguishes your goods or services from those of others. Once registered, it gives you the exclusive right to use that mark for the goods/services in the class you registered for, and to stop others from using a confusingly similar mark.

The legal anchor: Trade Marks Act 1999 + Trade Marks Rules 2017 (substantially amended in 2017 to simplify filing and reduce forms from 75 to 8).

Key sections of the Act:

• §2(zb) — definition of “trade mark”.
• §9 — absolute grounds for refusal (descriptive marks, generic marks, marks lacking distinctiveness, deceptive marks, marks against public order/morality).
• §11 — relative grounds for refusal (similar to existing registered or pending mark in same / similar class).
• §18 — application for registration.
• §19 — withdrawal of acceptance.
• §21 — opposition to registration (4-month window from journal date).
• §23 — registration of trade mark.
• §25 — duration: 10 years from filing date, renewable indefinitely.
• §28 — exclusive right of registered proprietor.
• §29 — infringement.
• §47 — removal from register on grounds of non-use (5-year continuous non-use).
• §57 — rectification of register.
• §125 — appeals (was IPAB until 2021; now to High Court after Tribunals Reforms Act 2021).

What can be trademarked:

• Wordmark — brand name in plain text (Tata, Reliance, Aaradhya Learn).
• Device mark / logo — graphic design, distinctive image (Nike swoosh, Apple bitten apple).
• Composite mark — wordmark + logo together (preferred by most brands).
• Slogan / tagline — Just Do It, Daag Achhe Hain, Vande Mataram Express.
• Sound mark — Yahoo yodel, MGM lion roar, ICICI tune; submitted as MP3 + musical notation.
• 3D / shape mark — Coca-Cola contour bottle, Toblerone triangular bar.
• Colour mark — single colour or colour combination, when distinctively associated (rare; Cadbury purple in some jurisdictions).
• Trade dress — overall packaging look-and-feel.

What cannot be trademarked:

• Generic terms (“Soap”, “Cab Service”) — §9(1)©.
• Purely descriptive (“Sweet Sugar”, “Crisp Wafer”) — §9(1)(b).
• Marks deceptively similar to a famous mark — §11.
• Marks against public order, morality, or hurting religious sentiments — §9(2).
• Geographical names (special protection separately as Geographical Indications under GI Act 1999).
• Names that are protected under the Emblems and Names (Prevention of Improper Use) Act 1950 — Ashok Chakra, Mahatma Gandhi, names of religious institutions etc.

• Indian individual (proprietor, freelancer, professional).
• Indian entity — Pvt Ltd, Public Ltd, LLP, partnership firm, OPC, sole proprietorship, HUF, society, trust, government body.
• Group of partners filing jointly.
• Foreign person / entity — must apply through an Indian trademark agent or attorney with an Indian “address for service” (§134).

Special preferential fee:

• Individual — ₹4,500 per class.
• Startup recognised by DPIIT under Startup India — ₹4,500 per class (50% of full fee). See Register startup DPIIT for recognition.
• Small Enterprise / MSME with Udyam registration — ₹4,500 per class. See Register Udyam MSME.
• All others (Pvt Ltd above SME threshold, Public Ltd, foreign entities) — ₹9,000 per class.

Online filing via e-filing on ipindia.gov.in is ₹500 cheaper than physical filing in every category.

This is the single most important step. Filing without a search is the most common cause of rejection.

• Open https://tmrsearch.ipindia.gov.in/tmrpublicsearch.
• Search by: (a) Wordmark (your proposed name), (b) Class (1-45), © Status (registered + pending).
• Try all variants: phonetically similar (Aaradhya, Aradhya, Aradhyaa, Aaradhyaa), sound-alikes, partial matches, anglicised spellings.
• Search all related classes even if your primary class is one — courts apply the “well-known mark” doctrine across classes for famous marks.
• Document the search — print or screenshot the results page. If you find no conflicting marks, you have a defensible “good faith” filing position.

The Nice Classification (10th edition currently in force in India) divides goods and services into 45 classes — Classes 1-34 for goods, Classes 35-45 for services. Examples:

• Class 5 — pharmaceuticals.
• Class 9 — software, electronics, mobile apps.
• Class 25 — clothing, footwear.
• Class 29 — meat, dairy, processed foods.
• Class 30 — coffee, tea, snacks, confectionery.
• Class 35 — advertising, business consulting.
• Class 36 — financial services, insurance, real estate.
• Class 41 — education, training, entertainment.
• Class 42 — software development, scientific research.
• Class 43 — restaurants, food and drink services.
• Class 44 — medical and beauty services.
• Class 45 — legal services, security.

Pick the single primary class that covers your core offering. Filing in multiple classes multiplies the fee by the number of classes (but you can file a multi-class application with one form to save administrative effort).

• Open https://ipindia.gov.in/trade-marks.htm → “e-Filing” → “Trademark e-Filing”.
• Login / create user (need digital signature OR Aadhaar e-sign).
• Choose Form TM-A — Application for registration of a trade mark / collective mark / certification mark.
• Fill:
  • Type of mark — wordmark / device / composite / sound / shape / colour.
  • Mark description — exact text + logo image upload (300 dpi JPEG, max 1 MB).
  • Class number(s).
  • Specification of goods/services — write a clear, specific description (e.g., “online tutoring services for children aged 6-14 in mathematics and science”; not “education”).
  • Applicant name + address + nationality + entity type.
  • Whether the mark is in use — if YES, give “Used Since” date; submit a user affidavit with proof of use (invoices, advertisements, social media posts dated to “Used Since” date).
  • Address for service in India.
  • Power of Attorney (Form TM-48 / TM-M) if filed through an agent.
• Pay fee: ₹4,500 / ₹9,000 per class via UPI / net banking / debit card.
• Submit. Application number TM-XXXXXXX is generated immediately. Save the receipt.

• Application status moves to “Sent for Vienna Codification” — internal classification of the figurative elements in your logo.
• Then to “Formalities Chk Pass” — basic compliance verified.

• Within 3 to 12 months, an Examiner reviews your mark on absolute (§9) and relative (§11) grounds.
• If accepted as-is → status changes to “Accepted” and the mark moves to advertisement.
• If objections raised → Examination Report issued, downloadable from your portal account.

This is where most applications die. Mandatory to respond within 30 days of issue (extendable by 30 days with fee).

• Read each objection carefully — usually cites a specific section (§9(1)(b) descriptive / §11(1) similar to cited mark).
• Draft a written reply addressing each objection separately. For §11 cited-mark objections:
  • Argue distinctiveness — different industry, different consumer base, different geography.
  • Argue distinguishing features — different logo, different colour, different stylisation.
  • Argue co-existence — show that you and the cited mark have peacefully co-existed in the market without confusion.
  • Submit a Power of Attorney if filing through an attorney; submit user affidavit and supporting evidence (invoices, advertisements).
• Upload reply via the portal. Hearing may or may not be required.
• If reply accepted → mark advertised. If not → hearing scheduled at the Trade Marks Registry.

• Mark is published in the weekly Trade Marks Journal (electronic; available at https://ipindia.gov.in → “Trade Marks Journal”).
• Note your Journal Number and date — this starts the opposition clock.

• Any third party can file Form TM-O opposing your mark within 4 months of journal publication.
• If opposition filed → counter-statement (Form TM-O) within 2 months → evidence stage → hearing at the Registry → order.
• If no opposition → mark proceeds to registration.

• After opposition window expires (and any opposition is defeated), the Registration Certificate is issued — typically 1-3 months later.
• Download from your portal account.
• Validity: 10 years from the date of filing (not date of registration), renewable for further 10-year periods indefinitely under §25.

• Use the ® symbol next to the registered mark.
• Monitor the Trade Marks Journal for similar marks filed by others — file opposition within 4 months if you spot a conflict.
• Watch for §47 non-use challenges — if you don't use the mark for 5 continuous years, anyone can apply to remove it from the register.
• Renew in the 10th year by filing Form TM-R with the prescribed fee — 6 months before expiry. Late renewal allowed for 6 months after expiry with a surcharge.

+-----------------------------------+--------------------------------------+
| Pre-filing public search          | FREE (tmrsearch.ipindia.gov.in)      |
+-----------------------------------+--------------------------------------+
| Form TM-A application — Individual| ₹4,500 per class (online; ₹5,000     |
| / Startup / SME / Small Enterprise| physical)                            |
+-----------------------------------+--------------------------------------+
| Form TM-A application — Other     | ₹9,000 per class (online; ₹10,000    |
| (Pvt Ltd above SME, Pub Ltd, etc.)| physical)                            |
+-----------------------------------+--------------------------------------+
| Multi-class application           | (Fee × number of classes); single    |
|                                   | form, single application number      |
+-----------------------------------+--------------------------------------+
| Reply to Examination Report       | NIL (within 30 days of issue);       |
|                                   | extension ₹900 for 30 more days      |
+-----------------------------------+--------------------------------------+
| Form TM-O opposition (filed by 3p)| ₹2,700 / ₹5,400                      |
+-----------------------------------+--------------------------------------+
| Counter-statement (by applicant)  | ₹2,700 / ₹5,400                      |
+-----------------------------------+--------------------------------------+
| Form TM-R renewal (10th year)     | ₹9,000 / ₹18,000                     |
+-----------------------------------+--------------------------------------+
| Late renewal surcharge            | ₹4,500 / ₹9,000                      |
+-----------------------------------+--------------------------------------+
| Hearing fee                       | NIL                                  |
+-----------------------------------+--------------------------------------+
| Total typical timeline            | 18-24 months from filing to          |
|                                   | registration certificate             |
+-----------------------------------+--------------------------------------+
| Validity                          | 10 years from filing date,           |
|                                   | renewable indefinitely               |
+-----------------------------------+--------------------------------------+
| RTI to PIO IP India / Registry    | ₹10 by IPO. BPL = free.              |
+-----------------------------------+--------------------------------------+

• Similar mark already registered or pending — §11 relative-grounds objection. Most common cause of objection. Reply with distinguishing arguments; if mark is genuinely conflicting, consider modifying yours and re-filing.
• Descriptive / generic mark — §9(1)(b) / §9(1)© objection. “Tasty Chocolate” for chocolates, “Fast Cab” for cab service. Add a distinctive prefix / stylise into a logo to overcome.
• Examination Report unaddressed within 30 days — application moves to “Abandoned” under §21A. Cannot be revived; must re-file fresh.
• Opposition not defended — counter-statement not filed within 2 months → application abandoned.
• User affidavit weak — claimed “Used Since 2010” but no invoices / advertisements from 2010-12 → user claim disallowed; back to a “Proposed to be Used” application.
• Wrong class — filed in Class 35 (advertising) when actual goods are in Class 30 (food) → registration will not protect you against infringement of the actual product.
• Unclear specification — wrote “education” in Class 41 — Examiner asks for narrower description; respond with specifics.
• Power of Attorney (Form TM-48) missing when filed through agent — formal deficiency; cure within 30 days.
• Address for service in India missing for foreign applicants — application cannot proceed.
• Logo image quality below 300 dpi — Examiner cannot register; re-upload.
• Opposition filed by a famous brand owner — they monitor every Journal issue. Defending opposition by a Tata / Reliance / Hindustan Unilever can cost ₹50,000+ in legal fees; choose your name to avoid them.

• Five regional offices: Mumbai (head office), Delhi, Kolkata, Chennai, Ahmedabad.
• Helpline numbers and email IDs at https://ipindia.gov.in/contact-us.htm.
• Response time: 7-15 days for routine queries.

• Each regional office has a Registrar / Joint Registrar / Asst Registrar.
• Written representation with application number; useful for examination delays > 12 months and for hearing date follow-ups.

• Head office: Boudhik Sampada Bhawan, Antop Hill, Mumbai 400037.
• Email: cgoffice-ipo@gov.in. Phone: 022-24123322.
• Final administrative authority within IP India.

• Until 2021, the Intellectual Property Appellate Board (IPAB) heard appeals.
• IPAB was abolished by the Tribunals Reforms Act 2021 — appeals against Trade Marks Registry orders now go to the High Court (Commercial Division) of the relevant jurisdiction under §91 of the Trade Marks Act 1999 (read with the 2021 Act).
• Time limit: 3 months from order, extendable by 30 days.

• IP India is administratively under DPIIT, Ministry of Commerce & Industry.
• Grievance: https://dpiit.gov.in or via CPGRAMS → Department of Industrial Policy and Promotion → Trade Marks.
• Useful when administrative grievance > 60 days unresolved.

• https://pgportal.gov.in → DPIIT → Trade Marks.
• Auto-routed to CGPDTM for action.

The Office of Controller General of Patents, Designs and Trade Marks, including the Trade Marks Registry, is a public authority under §2(h) of the RTI Act 2005.

RTI helps here when:

• Your application has been pending in examination for more than 12 months — RTI to PIO IP India asks: “Status of trademark application no. TM-[X], dated [date]? Date of allotment to Examiner? Reasons for delay if any? Expected date of Examination Report?” — written reply within 30 days.
• Examination Report issued but the file noting / Examiner's reasoning is not visible — RTI for a copy of the file noting and reasoning sheet.
• Hearing scheduled but no notice received — RTI for the hearing notice dispatch log.
• Opposition filed against your mark but counter-statement deadline issue — RTI for the date of service of opposition on you.
• Registration certificate delayed beyond 2 months from end of opposition window — RTI to track issue date.
• Renewal application not processed — RTI for status.
• For copies of cited marks in §11 objections — RTI for the cited registration certificate + specification of goods.

RTI does NOT help here when:

• You filed last week — wait the standard examination cycle (3-12 months); premature RTIs get the reply “under examination”.
• You disagree with the Examiner's substantive decision — that needs a reply on merits within 30 days, then hearing, then High Court appeal. RTI cannot reverse an examination order.
• You want IP India to expedite examination — RTI gives you status, not priority. For genuine urgency, file Form TM-M for expedited processing with the prescribed extra fee (₹20,000-₹40,000); processing time drops to 3-5 months.
• You want commercial / business intelligence on a competitor's mark — public search gives you that for free; RTI on a third party's pending file may be denied under §8(1)(d) (commercial confidence) or §8(1)(j) (third-party privacy).
• For trademark infringement by a competitor — that is a civil suit before the Commercial Court / High Court under §29 + §134 of the Trade Marks Act, not RTI.
• For opposition strategy advice — that is professional legal advice, not “information held”. Engage a TM attorney.

Q. Can I trademark my own name?
Yes — if it has a distinctive commercial use. Personal names like Sachin Tendulkar or Salman Khan have been registered as trademarks in India. The mark must function as a brand identifier in commerce, not just be a personal name on Aadhaar.

Q. I have a trademark in the US. Is it valid in India?
No — trademark rights are territorial. A US-registered trademark gives you priority of filing in India under the Paris Convention (within 6 months) and you can file an Indian application via the Madrid Protocol (India joined in 2013). But you still need an Indian registration to enforce in India.

Q. Difference between trademark, copyright and patent?
Trademark protects brand identifiers (name, logo, slogan). Copyright protects original creative works (book, song, film, software code, painting) — automatic, no registration needed but recommended (Copyright Act 1957). Patent protects new inventions (technical solutions; Patent Act 1970). A logo can be both copyright (artistic work) and trademark (brand identifier).

Q. What is the ™ symbol vs the ® symbol?
™ can be used the moment you start using the mark, registered or not — it just signals you're claiming the mark as a trade mark. ® can be used only after registration certificate is issued. Using ® on an unregistered mark is a punishable offence under §107 of the Trade Marks Act 1999 — fine up to ₹2 lakh + 3 months imprisonment.

Q. Can I assign / sell my trademark?
Yes — under §37-§45. File Form TM-P for assignment (transfer of ownership) or licensing. Assignment can be with or without the goodwill of the business.

Q. Can my brand name be the same as my company name?
Yes and they should usually be. Company name registration (with MCA / RoC) and trademark registration (with IP India) are separate — company name registration does not give you trademark rights. Many startups make this mistake — they register the company, start spending on marketing, and then find someone else has trademarked the same name.

Q. What happens after 10 years if I forget to renew?
Under §25, you have a 6-month grace period after expiry to renew with a surcharge. After that, the mark is removed from the register under §25(3). It can be restored under §25(4) within one year of removal with a higher fee. After that, it's gone — anyone can register the same mark.

Q. I'm a Startup India recognised startup. How much fee do I save?
50% of the standard fee. Pay ₹4,500 instead of ₹9,000 per class. Submit your DPIIT recognition certificate as a supporting document. See Register startup DPIIT to obtain recognition first.

Q. Can I file for international trademark protection?
Yes — through the Madrid Protocol (WIPO). India is a member since 2013. File Form MM2 at IP India, designate the countries you want protection in, pay fee in Swiss francs. Single filing, multi-country protection. Useful for exporters.

Q. Sound trademarks — how do I file?
Submit MP3 audio file (max 1 MB) + musical notation in PDF. The mark must be inherently distinctive — a 30-second jingle, not a single common note. Filed under the same Form TM-A.

• How to register startup DPIIT — for 50% trademark rebate
• How to register Udyam MSME — for SME fee category
• RTI in 12 simple steps — for first-time filers
• All Indian government helplines — one master directory
• RTI forms + state-wise fee chart

Last reviewed: 26 April 2026 by RTI Wiki editorial team. Trademark fees and timelines are notified by the Office of Controller General of Patents, Designs and Trade Marks — verify on ipindia.gov.in or write to admin@bighelpers.in if you spot a stale figure.