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Before You File — Conduct a Trademark Search
Before filing, always search the Trade Marks Register at ipindiaonline.gov.in for identical or similar marks in your class. Filing without a search risks wasted non-refundable fees, examination objections citing conflicting marks, and third-party opposition during journal publication.
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Step 1 — Choose a Distinctive Trademark
The strongest trademarks are fanciful marks — invented words with no prior meaning (KODAK, XEROX). Arbitrary marks (real words unrelated to the product — APPLE for computers) are also very strong. Descriptive marks are weak and often refused registration.
Choose wisely: A fanciful or invented word costs the same to register as a descriptive term — but provides far stronger, easier-to-enforce protection.
Step 2 — Identify the Correct Class
India follows the Nice Classification — 45 classes covering all goods and services. Classes 1–34 cover goods; Classes 35–45 cover services. Filing in the wrong class gives no protection for your actual business. Use our Trademark Class Guide or consult us to identify the right class.
Step 3 — File Form TM-A
Applications are filed online through the IP India portal using Form TM-A:
| Applicant Type | Online Fee (per class) |
|---|---|
| Individual / Startup / MSME | Rs 9,000 |
| Company / LLP | Rs 10,000 |
| DPIIT Recognised Startup | Rs 4,500 (50% off) |
Application number issued within 1–2 working days — you can use the ™ symbol and enroll in Amazon Brand Registry immediately.
Step 4 — Examination
The Trade Marks Examiner reviews the application. If an examination report (objection) is issued, a detailed reply must be filed within 30 days. Failure to respond results in abandonment of the application.
Step 5 — Journal Publication and Opposition
If accepted, the mark is published in the Trade Marks Journal for a 120-day opposition period. If no opposition is filed — or opposition is decided in your favour — the application proceeds to registration.
Step 6 — Registration Certificate
The registration certificate confirms your exclusive right to use the mark. You can now use the ® symbol. The registration is valid for 10 years from the filing date — renewable indefinitely using Form TM-R.
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Frequently Asked Questions
How long does trademark registration take in India?
Trademark registration in India takes approximately 18 to 24 months for straightforward cases without objections or opposition. The application number is issued within 1–2 working days of filing, and the TM symbol can be used immediately from that date.
What is the trademark registration fee in India?
The government fee is Rs 9,000 per class for individuals and startups filing online, and Rs 10,000 per class for companies and LLPs. DPIIT-recognised startups pay only Rs 4,500 per class (50% concession). Fees are non-refundable.
Can I use the TM symbol before trademark registration?
Yes. The TM symbol can be used immediately from the date of filing. The registered R symbol can only be used after the registration certificate is officially issued. Misusing R before registration is a punishable offence under Section 107 of the Trade Marks Act, 1999.
What documents are required for trademark registration?
Documents required: identity proof of the applicant, address proof, trademark representation in JPEG format (minimum 800x800 pixels for device marks), description of goods or services, the relevant Nice Classification class, and Form TM-48 (Power of Attorney) if filing through a trademark advocate.
Can I register a trademark in multiple classes?
Yes. A trademark can be registered in multiple classes by filing separate applications with separate fees for each class. This is recommended if your business spans multiple product or service categories — for example, a food brand may need Class 29, 30 and 35 simultaneously.
Official Resource: For authoritative information, visit Trade Marks Registry, IP India.