Step-by-step Guide: How to Register a Trademark for Your Business (India)
A practical, ready-to-use HTML article that walks you through the entire Indian trademark registration process — from searching to getting your certificate.
Why register a trademark?
Registering a trademark gives you exclusive legal rights to use your brand name, logo, slogan or design for the goods/services you select, helps prevent copycats, and strengthens your brand’s value when you grow or sell the business.
Quick checklist (what you need before you start)
- Brand name or logo (high-resolution image: PNG/SVG) and description.
- Decide the type of mark: Word-mark (just words), Device-mark (logo), Composite (word + logo), or Sound/3D.
- List of goods/services and the class number (Nice Classification).
- Applicant proof (Individual / Company / Partnership) — PAN or business registration documents.
- Specimen of use (if already using the mark) — packaging, website screenshot, invoices.
- An email address/mobile number, and payment method for government fees.
Step-by-step process
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Step 1 — Brainstorm & fix your mark
Decide whether you want to protect a name, logo, tagline, or combination. Keep it distinctive — generic or purely descriptive words are hard to register.
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Step 2 — Do a thorough trademark search (prior art)
Search the Indian trademark database (Public Search) to check identical or similar marks in the same class. If close matches exist, consider adjusting the name/design or expanding your search across related classes.
Tip: Use different search modes — word, phonetic, or device/logo search. Save screenshots of your search results for records.
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Step 3 — Select the correct class(es)
Trademarks are registered for specific goods or services classified under the Nice Classification (45 classes). Choose the class that best describes your products/services — filing fees apply per class.
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Step 4 — Prepare supporting documents
- Identity & address proof of applicant (PAN, Aadhar, Certificate of Incorporation).
- Logo files (SVG/PNG/JPG) and, if applicable, a specimen of use (screenshot of product label/website).
- If filing through an agent, prepare a signed Power of Attorney (POA) in the prescribed format.
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Step 5 — File the application (online recommended)
Register / login on the IP India e-Filing portal. Fill the trademark application form (Form TM‑A) with applicant details, mark representation, class, and declaration whether the mark is "proposed to be used" or "already in use". Upload the logo/specimen and pay the government fees.
You can file as Individual / Start-up / MSME (concessional fee) or as Company/Other (standard fee). Fees are charged per class.
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Step 6 — Examination by the Registrar
The trademark office examines your application for formalities and substantive conflicts. If objections arise, the office issues an Examination Report (an "office action"). You usually have
30 daysto file a written reply — you can request limited extension by paying the prescribed fee. -
Step 7 — Publication in the Trademark Journal
If the Registrar accepts the application (after objections are cleared), the mark is published in the Trademark Journal for public notice. From the date of publication, third parties have a statutory window to oppose registration.
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Step 8 — Opposition (if any) & final registration
Oppositions (if filed) are contested through pleadings, evidence and hearings. If no opposition is received, or the opposition is dismissed, your mark proceeds to registration and you receive a registration certificate.
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Step 9 — Renewal & maintenance
Trademark protection runs for 10 years from the date of application/registration and may be renewed indefinitely for further 10-year periods by paying renewal fees on the prescribed form.
Typical timeline (approximate)
| Stage | Typical time (if smooth) |
|---|---|
| Filing to examination | 1–3 months |
| Examination & reply (if objection) | 30 days + review (4–12 weeks) |
| Publication in Journal | Within weeks after acceptance |
| Opposition period | 4 months from publication |
| Final registration (if unopposed) | Typically 6–12 months overall (can take longer if opposed) |
Common forms & where they are used
Form TM‑A— Application for registration of a trademark.Form TM‑M— Miscellaneous requests (amendments, extensions, expedite, etc.).Form TM‑R— Renewal of registration (every 10 years).Form TM‑48(Power of Attorney) — Authorise an agent/attorney to act on your behalf.
Practical tips & best practices
- Pick a distinctive mark (fanciful or coined words are the easiest to protect).
- File early — the date of filing establishes priority in India.
- Be careful with the class description; keep it precise but broad enough to cover your business.
- Keep evidence of use (invoices, labels, website screenshots) ready — it helps if office objections require proof.
- Monitor the Trademark Journal for similar filings and defensively oppose confusing marks if needed.
Sample quick checklist before you click "Submit"
- Unique name/logo chosen and logo file optimized (svg preferred)
- Correct class number(s) selected
- Applicant details & address proof uploaded
- Specimen (if mark in use) uploaded
- Payment method ready for govt. fee
FAQ
Q — Can I file on my own, or must I hire an attorney?
A — You can file on your own using the IP India e‑filing portal. For tricky objections, oppositions or strategic portfolio filings, a trademark attorney/agent is recommended.
Q — How much does a government filing cost?
A — Government fees depend on applicant type (individual/startup/MSME vs company/other) and are charged per class. Check the official fees list for current rates.
Q — Does trademark registration protect me nationwide?
A — Yes — a registered Indian trademark gives protection across India. For protection outside India consider filing in each target country or use the Madrid System for international protection (from your Indian filing as a basis).
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