Intellectual Properties
IP Infringement and Legal Remedies in India
Intellectual property is more than a legal concept. It is business asset that carries real value.
5 min read
Online Trademark (TM) Registration in India
Protect your brand name, logo and slogan with exclusive ownership under the Trade Marks Act, 1999. Thousands of businesses trust LegalWiz.in, and a free trademark search and class selection come with it.
- Free trademark search and class selection before you file
- Consultation on the right class for your goods or services
- Filed by an attorney registered with the Trade Marks Registry
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- Start using the ™ symbol as soon as the application is filed
- Typically filed in 3 working days
- Exclusive partner offers on hosting and payment gateways
Get started today
Close the formA few details, then secure checkout. Your expert takes it from there.
Starting at₹1,999+ Govt. Fees
- Your details stay confidential
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- Queries answered in 24 business hours
- 10,000+ Businesses served
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Building a remarkable brand? Protect it with a trademark
What a trademark protects, how long it takes, and why founders choose LegalWiz.in to register one.
A trademark is what makes a brand yours. The Trade Marks Act, 1999 lets you register a logo, a slogan, a shape, packaging, a sound, a smell or a colour combination, and registration is what turns the effort you have put into a brand into an exclusive, enforceable right.
Registration also creates an asset. A registered mark can be sold, assigned, franchised or licensed, and it is the only version of your brand you can defend in court against someone using it to sell their own goods.
Filing is quick and registration is not. We file within three working days, and you can use the ™ symbol from that moment. The Registry then takes 15 to 18 months to examine, publish and register the mark, after which the ® symbol applies.
- Filing time
- 3 working days
- From documents to filed application
- Registration time
- 15 to 18 months
- The Registry’s own examination and publication
- Symbol
- ™ then ®
- ™ on filing, ® once registered
- Valid for
- 10 years
- Renewable every 10 years, perpetually
- Classes
- 45
- A separate fee applies for each class
- Multi-class
- Allowed
- Several classes in one application
- Territory
- India only
- File separately in each other country
- Startup rebate
- 50%
- On government fees, with a Startup India certificate
Why founders choose LegalWiz.in
- An expert team of qualified CA, CS and lawyers
- A dedicated relationship manager with on-call support
- A free trademark search and class consultation before filing
- Filing through an attorney registered with the Trade Marks Registry
- Thousands of happy customers across every state in India
- Backed by secure technology
- Exclusive partner offers on web hosting, payment gateways and more
What the application covers
Everything below is handled by your relationship manager and a registered attorney. You supply the mark and the documents once.
- Consultation on the right class or classes for your goods and services
- A trademark search and availability check before anything is filed
- Drafting the complete trademark application
- Preparation of Form TM-48 for your signature, which authorises the attorney to file
- Franking on the power of attorney
- Filing the application online through a registered attorney
- Sharing the filed application and the receipt with you
Government fees are charged at actuals and are levied per class, not per application. An individual or a recognised startup pays a lower rate than a company.
Trademark classes
Class 25
Clothing, footwear and headgear.
Class 35
Advertising and business services.
Class 42
Scientific, technological and computer related services.
Benefits of trademark registration in India
Guards your commercial goodwill
A registered owner has the right to build and protect the goodwill in their products or services, to stop other traders using the mark unlawfully, and to sue an infringer for dilution and claim damages.
Legal protection you can act on
A registered trademark gives its owner a legal right in the event of infringement. Leaving a brand name unregistered can leave its original owner with no remedy at all.
Advertises your goods and services
A trademark becomes the face of the company and of what it sells. Most businesses find their identity through their mark, which is what makes it central to advertising and to brand value.
Creates an asset
Registration creates an intangible asset. A registered mark can be sold, assigned, franchised or licensed commercially, which turns brand-building effort into something with a balance-sheet value.
Which intellectual property right do you need?
A trademark protects the name and the logo. It does not protect an invention or a piece of writing, and those need a different right.
| Attribute | Trademark | Provisional Patent | Permanent Patent | Copyright |
|---|---|---|---|---|
| What it covers | ||||
| Brand name and logoA logo, a design, packaging material, or the name of a business or company | InventionsA new invention idea, with a prototype | InventionsA new invention idea, with a prototype | Artistic worksAll types of original artistic, dramatic or musical work | |
| Governing Act | Trade Marks Act, 1999 | The Patents Act, 1970 | The Patents Act, 1970 | The Copyright Act, 1957 |
| How you get it | ||||
| MandatoryRequired to claim an exclusive right over the mark | MandatoryThere is no unregistered equivalent | MandatoryThere is no unregistered equivalent | OptionalCopyright arises on creation, but registration is what lets you sue | |
| NoDoes not require any provisional application | NoIt is the provisional application itself | OptionalA complete specification can be filed directly, or within 12 months of a provisional application | NoDoes not require any provisional application | |
| What it gives you | ||||
| Yes™ once the application is filed, ® once registered | NoThere is no symbol for a patent | NoThere is no symbol for a patent | Yes© | |
| 10 yearsRenewable every 10 years, with no limit on the number of renewals | 12 monthsThe complete specification must be filed inside that year, or it lapses | 20 yearsFrom the date of application, including the year of the provisional filing | Lifetime, plus 60 yearsThe creator’s lifetime, and 60 years after their death | |
| Next step | Get started | Know more | Know more | Know more |
Swipe the table sideways, Trademark stays in view. Open any attribute to read the detail behind all 4 answers.
Customer reviews
What our clients say
- Rated 5 out of 5
Very fast & timely service. The team was very helpful and helped me find out if the brand name was available or not over the call itself without any extra cost or charge. Brilliant service, very clear communication, timely delivery & transperant pricing. Cheers!
Naman PiparaOctober 2025 - Rated 5 out of 5
Satisfied with your unit service and fee grateful to connect with you service providers staff thanks regards Shivlal
SHIVLAL MALVIYAOctober 2025 - Rated 5 out of 5
Recently got Trade Mark registered
Devendra DklMarch 2025 - Rated 5 out of 5
It was an amazing experience from the support team. Thank you...
Aswin MMarch 2025 - Rated 5 out of 5
Professionally filed my application. thanks
Amit SagarJanuary 2025 - Rated 5 out of 5
Thank you so much and keep up the good work by serving the clients in proper direction.
Abhinandan RoyDecember 2024 - Rated 5 out of 5
good
VIVEK VARANASISeptember 2020 - Rated 5 out of 5
nice service
Sabyasachi BeheraJune 2020
Documents required to register a trademark
Scanned copies are enough to begin. Your relationship manager will tell you if anything needs to be re-shared in a clearer format.
Proof of applicant
PAN card and address proof. An applicant that is not an individual also provides its certificate of registration.
Brand name and logo
The logo file, which must contain the brand name being applied for.
User affidavit
Required only if you want to claim a specific date of first use for the mark.
Proof of use
To claim a user date, documentary proof carrying the brand name: invoices, registration certificates and similar.
MSME or Startup recognition
A partnership firm or body corporate can provide an MSME or Startup India certificate to claim the 50% rebate on government fees.
Signed Form TM-48
The document that authorises the attorney to file on your behalf. LegalWiz.in prepares it for your signature.
Make your application in three easy steps
Step 01
Answer a few quick questions
- Pick the package that suits you
- Spend less than 10 minutes on a simple set of questions
- Upload the documents against the checklist
- Pay through a secure payment gateway
Step 02
Our experts take over
- You are assigned a dedicated relationship manager
- We advise on the right trademark class for what you sell
- A trademark search report is prepared
- The application is drafted and filed by a registered attorney
Step 03
Start using ™ straight away
- Filing takes 3 working days
- You can use ™ beside your brand or logo from the day it is filed
Subject to government processing time.
How long filing takes
Your application is filed in 3 working days, and the ™ symbol is yours from day 4. Registration itself is the Registry’s clock, and runs to 15 to 18 months.
Day 1
1 of 4 working days
- Discussion and collection of the basic information
- You share the documents against the checklist
- The appropriate class is selected
- Trademark search and availability check
Day 2
1 of 4 working days
- Documents drafted by professionals
- Franking on the power of attorney
Day 3
1 of 4 working days
- Online trademark application filed
- Filed application and receipt shared with you
Day 4
1 of 4 working days
- You can legally start using ™ beside your logo or brand name
Subject to government processing time. The Registry then examines, publishes and registers the mark, which takes 15 to 18 months.
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All you need to know before applying for TM registration
Still have a question? Our team is happy to help, at no charge and with no obligation to buy anything.
Should the trademark be filed in an individual’s name or the company’s?
Many startups register in the founder’s name, while larger businesses prefer the company’s.
The reasoning is that a startup’s future is uncertain: a mark owned by the founder stays valid regardless of what happens to the entity.
What cannot be registered as a trademark?
Any mark identical or deceptively similar to a registered trademark, or to one whose application is already in process, cannot be registered. Nor can a mark likely to cause deception or confusion, or one that appears offensive.
Geographical names, common names, common trade words and common abbreviations are also not registrable.
How long is a trademark valid, and can it be renewed?
A registered trademark is valid for 10 years from the date the application is registered, and it can be renewed every 10 years, perpetually.
In India the renewal request should be filed within the six months before the current registration expires.
How long does it take for a trademark to be registered?
Usually at least 15 to 18 months from the date of application, after which the owner can use the ® symbol. The registration can be delayed further by the verification procedure.
The ™ symbol is different: you can use it as soon as the application is filed, which for us is within three working days.
What is a trademark class, and how do I find the right one?
The Controller General of Patents, Designs and Trade Marks classifies goods and services under 45 classes. Your application must state the class or classes your goods and services fall into, and the mark is registered only for those.
Our experts identify the applicable and related classes for you. A separate government fee is payable for each class.
Can a multi-class application be filed in India?
Yes. You can apply for registration under several classes in a single application.
The Registry charges by the number of classes applied for rather than by the number of applications, so filing one multi-class application costs the same in government fees as filing several single-class ones.
What are the government fees for a trademark application?
Fees are levied per class. An individual, or a recognised startup, pays ₹4,500 per class. In every other case the fee is ₹9,000 per class.
So an individual applying under three classes pays ₹13,500 in government fees. These are the Registry’s charges and are separate from our professional fee.
How does my startup qualify for the 50% rebate?
With a valid certificate issued under Startup India, an initiative of the Government of India, your startup qualifies for a 50% rebate on the government fee for brand-name registration.
An MSME registration certificate serves the same purpose for a partnership firm or a body corporate.
If I register my brand name and logo, is that one application or two?
The Registry accepts an application containing the logo and the brand name as ONE application, provided both are submitted together in a single image. A single application fee then applies.
They can be filed separately if you may want to change one in future and keep the other.
Will the trademark be valid outside India?
No. An application filed under the Trade Marks Act, 1999 is examined and registered in India, and the registration is valid only in India.
Protection in another country needs a separate application there, or a filing through an international route.
What is the Registry’s own process once the application is filed?
An application passes through these stages before a mark is registered:
- The application is filed in the right class, with the correct details
- Vienna codification: a Vienna code is assigned if the mark contains figurative elements, so that artwork and logos can be searched
- Formalities check: the Registry confirms the basic requirements are met, including that the power of attorney is uploaded and that a translation is filed where the mark is not in English or Hindi
- Examination report: the Registry examines the application under the relevant sections and issues a report where it wants clarification. A reply must be filed
- Accepted and advertised: once the Registry is satisfied, the mark is published in the Trade Marks Journal
- Opposition window: the mark stays open for four months for any third party to oppose it. An opposition changes the status to Opposed, and a reply must be filed
- Registration: with no remaining objections or oppositions the application is marked Registered, and the ® symbol can be used
Can a registered trademark be amended later?
Yes, under Section 22 of the Trade Marks Act, provided the amendment does not substantially change the character of the mark.
Any superficial or insignificant feature can be amended by filing a request in the prescribed format with copies of the amended label mark.
Can a trademark be removed for non-use?
Yes. A registered trademark can be removed on the ground of non-use if it has not been used for a continuous period of five years from the date of registration.
The application for removal must be made after three months from the expiry of those five years.
What does the LegalWiz.in trademark application service cover?
Drafting the entire trademark application, together with guidance on the appropriate classes.
The final filing through an attorney registered with the Ministry is included as well.
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