Your brand name, logo, and tagline are among the most valuable assets your business owns. Without a registered trademark, any competitor can legally copy your brand identity and there is little you can do about it.
Trademark registration in India gives you exclusive rights to use your mark for the goods or services in your chosen class. It allows you to take legal action against infringers, use the ® symbol, and build a licensed or franchised business. In 2026, India has over 3.2 million active trademark registrations, and the process has become fully digital through the IP India portal.
This guide walks you through everything from conducting a search to receiving your registration certificate.
What Can Be Registered as a Trademark in India?
- Words (brand names, slogans)
- Logos and device marks
- Combination of words and logos
- Shapes of goods or packaging (3D marks)
- Sounds (sound marks e.g., Tata's Taj sonic sound)
- Colour combinations (in specific contexts)
All trademarks are registered under the Trade Marks Act, 1999 and Trade Marks Rules, 2017, administered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) under the Ministry of Commerce and Industry.
Official Portal: IP India ipindia.gov.in
Government Fees for Trademark Registration in India 2026
Trademark fees in India are prescribed under the First Schedule of the Trade Marks Rules, 2017 (last updated 16 March 2026 by CGPDTM). Fees are charged per class per application.
|
Applicant Category |
Online Filing Fee (per class) |
Physical Filing Fee (per class) |
|
Individual / Sole Proprietor |
Rs 4,500 |
Rs 5,000 |
|
Startup (DPIIT Recognised) |
Rs 4,500 |
Rs 5,000 |
|
MSME (Udyam Registered) |
Rs 4,500 |
Rs 5,000 |
|
Company / LLP / Partnership |
Rs 9,000 |
Rs 10,000 |
|
Expedited Examination (Individuals) |
Rs 20,000 |
N/A |
|
Expedited Examination (Companies) |
Rs 40,000 |
N/A |
Important: All trademark filing fees are non-refundable. Once paid to the Trademark Registry, no refund is issued regardless of whether the application is accepted, objected to, or refused.
Understanding NICE Classification (45 Classes)
India follows the NICE Classification system, which divides all goods and services into 45 classes. Classes 1 to 34 cover goods; Classes 35 to 45 cover services. You must identify the correct class for your trademark each class requires a separate application and separate fee.
Common classes for Indian startups and SMEs:
|
Class |
Category |
Examples |
|---|---|---|
|
9 |
Technology / Electronics |
Software, apps, computers, mobile devices |
|
25 |
Clothing |
Apparel, footwear, headgear |
|
35 |
Business Services |
Advertising, marketing, business management |
|
36 |
Financial Services |
Insurance, banking, real estate |
|
41 |
Education / Entertainment |
Training, coaching, publishing |
|
42 |
Technology Services |
IT services, SaaS, research |
|
43 |
Food & Beverage Services |
Restaurants, cafes, catering |
|
44 |
Healthcare |
Medical services, beauty care |
Filing in the wrong class is a costly mistake it forfeits your government fee with no refund and may leave your brand unprotected in the category that actually matters.
Step-by-Step Trademark Registration Process
Step 1: Conduct a Trademark Search
Before filing, search the IP India public database to check if an identical or similar mark already exists in your chosen class. A conflict at this stage is far better than an objection or opposition after paying the filing fee.
Search via: IP India Public Search tmrsearch.ipindia.gov.in
Step 2: Obtain a Digital Signature Certificate (DSC)
Online trademark filing requires a DSC. Register your DSC on the IP India e-filing portal before applying.
DSC Registration: ipindiaonline.gov.in
Step 3: File Form TM-A
Form TM-A is the application form for new trademark registration. File it online through the IP India e-filing portal. You will need to:
- Declare your applicant category (individual, startup, MSME, or company)
- Specify the trademark class(es)
- Upload a clear JPG image of your mark (minimum 8cm x 8cm)
- Attach Form TM-48 (Power of Attorney) if filing through an agent
- Attach MSME certificate or Startup India certificate if claiming reduced fees
- Attach a user affidavit if you are claiming prior use of the mark
File via: IP India E-Filing Portal ipindiaonline.gov.in
Step 4: Receive Application Number
Upon submission, you receive an acknowledgement with a trademark application number. From this date, you have the right to use the ™ symbol alongside your mark.
Step 5: Examination
The Trademark Registry examines the application for compliance with the Trade Marks Act, 1999. If objections are raised under Section 9 (absolute grounds descriptive, generic, misleading mark) or Section 11 (relative grounds conflict with an existing mark), you have 30 days to file a written reply. A hearing may be scheduled if the objection is not resolved through the written reply.
Step 6: Publication in the Trademark Journal
If the application passes examination, the mark is published in the official Trademark Journal for four months. During this period, any third party can file an opposition if they believe the mark conflicts with their rights.
Step 7: Registration
If no opposition is filed within four months, or if the opposition is decided in your favour, the Trademark Registry issues the Registration Certificate. Your trademark is now registered and valid for 10 years from the date of filing.
Timeline: Standard processing takes 18 to 24 months for most applications. Expedited examination (Rs 20,000 for individuals / Rs 40,000 for companies) significantly reduces examination time.
Trademark Renewal
Trademark registration is valid for 10 years and must be renewed before expiry. Renewal fee is Rs 9,000 per class. Trademarks can be renewed indefinitely, making them a perpetual business asset if maintained.
How Targolegal Can Help
Our Targo License service handles trademark searches, class identification, Form TM-A filing, examination reply drafting, and complete trademark registration. We ensure you file in the right class, at the right fee, with the right documentation avoiding costly rejections.
