Trademark Registration in India: Process, Fees and Timeline

You have spent months, maybe years, on the name, the colours, the logo. And right now, none of it is legally yours.

Without trademark registration, your brand is a house on land you don’t own. With it, the brand becomes property. You can sell it, license it or defend it in court.

Why trademark registration matters

Most founders see it as a “later” task, something for after the first big revenue month. That is the mistake. Registration is about control, not status.

• Exclusive rights across India. If a competitor launches a name that confuses your customers, a registration gives you something concrete to enforce.

• An asset on paper. Investors and buyers look at your IP. A registered mark adds value to the business.

• Trust. The ® next to your logo tells customers you plan to be around for a while.

What Amul’s case teaches

A trader once got “Amul” registered for mineral water, alcoholic drinks and fruit juices. Amul’s owners, the Kaira District Cooperative Milk Producers Union and the Gujarat Cooperative Milk Marketing Federation, went to the Delhi High Court. In April 2024, the court removed the mark from the register.

The lesson for a smaller founder is simple. The law backs the one who registered and used the mark first, and who bothers to enforce it.

How to register a trademark online: 5 steps

Step 1: Search before you file

Check the IP India public database for marks that look or sound like yours. Sound matters most. Phonetic similarity is one of the most common reasons for objections.

Step 2: File Form TM-A and pick your class

There are 45 classes. Software usually sits in Class 9 or 42, clothing in Class 25. Not sure where you fit? Use our trademark class finder. Choosing the wrong class is like insuring a car you don’t own. It won’t help when you need it.

You can use the ™ symbol once you have filed.

Step 3: Handle the examination report

An examiner reviews your application and may raise an objection. Don’t panic. An objection is not a rejection. It usually means they want a clarification or proof of use.

The reply has a deadline, currently one month from the report. Miss it and the application can be treated as abandoned.

Step 4: Journal publication

An accepted mark is published in the Trademark Journal. For four months, anyone can oppose it. This is the “speak now or forever hold your peace” window.

Step 5: Registration

With no opposition, you receive the registration certificate and can switch from ™ to ®. Protection lasts 10 years and can be renewed every 10 years after that.

Trademark registration fees in India

Fees are charged per class and per mark. A brand covering three classes pays three times. Professional fees are extra and depend on how complex your case is.

Documents you will need

• Logo in JPEG or PNG

• PAN or Aadhaar of the applicant

• Udyam or startup recognition certificate, if you claim the lower fee

• Invoices or social media posts, if you have used the mark for a while

• Power of Attorney (Form TM-48), so a professional can deal with the registry for you

One rule matters more than the rest. Your name and address must match across every document.

If your ID says “Road No. 4” and your utility bill says “Lane 4”, the registry can raise a query that stalls the file for months.

Most delays come from clerical errors, not legal disputes.

Should you file it yourself?

You can, the same way you can fix your own plumbing. The risk is what happens when something goes wrong.

Say you get an objection and don’t know how to respond. If the deadline passes, the application is abandoned. You pay the fee again and refile with a later date. Someone else may have filled in that gap.

At LegalWiz.in, we read the search results, suggest the right classes and draft the replies that move the application forward. Want to focus on your next launch instead of government journals? Start your trademark registration with LegalWiz.