Trademark Law · General Awareness

How to Register a Trademark in India: A Step-by-Step Guide

By Aditya Chauhan, Advocate  ·  26 March 2026  ·  Trade Marks Act, 1999

A trademark is a sign, word, logo, or combination thereof that distinguishes the goods or services of one person from those of another. In India, trademarks are governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. Registration is not mandatory — trademark rights can arise through prior use — but a registered trademark grants the owner an exclusive statutory right to use the mark for the registered class of goods or services.

What Can Be Registered as a Trademark?

Under Section 2(1)(zb) of the Trade Marks Act, 1999, a trademark includes any mark capable of being represented graphically and distinguishing the goods or services of one person from those of others. This includes:

• Words, letters, numerals (e.g., brand names, taglines)
• Logos and device marks (stylised images or artwork)
• Shapes of goods or their packaging (3D marks)
• Combination of colours
• Sound marks (represented as musical notation or MP3)

A mark that is purely descriptive, generic, or devoid of distinctive character is generally not registrable under Section 9 (absolute grounds for refusal).

Step 1 — Trademark Search on IP India

Before filing, it is prudent to conduct a trademark search on the IP India Trademark Search portal (ipindiaonline.gov.in). The search checks for identical or deceptively similar marks already applied for or registered in the same class. A thorough search examines:

• Wordmark search — exact and phonetically similar words
• Vienna classification search — for logo and device marks
• Common law search — for unregistered marks with prior reputation

A clear search does not guarantee registration but significantly reduces the risk of objection under Section 11 (relative grounds — likelihood of confusion with an earlier mark).

Step 2 — Nice Classification: Choosing the Right Class

India follows the Nice Classification (12th Edition), which divides goods and services into 45 classes — Classes 1–34 cover goods; Classes 35–45 cover services. You must file separately for each class in which you want protection. For example:

• Class 25 — clothing, footwear, headgear
• Class 35 — advertising, business management, retail services
• Class 41 — education, training, entertainment
• Class 45 — legal services, security services

Filing in the wrong class does not protect you in the correct class — misclassification is a common error that requires a fresh application and fresh fees.

Step 3 — Filing Form TM-A

The trademark application is filed on Form TM-A through the IP India e-filing portal. The form captures the applicant's details, the mark (as a JPEG image for logos), the class(es), and the specification of goods/services. Government fees as of 2026:

Upon successful filing, a trademark application number is generated immediately. This number allows you to use the ™ symbol and establishes your priority date — which matters in disputes with later applicants.

Step 4 — Examination by the Trademark Office

After filing, a Trademark Examiner reviews the application under Sections 9 and 11. If objections are raised, an Examination Report is issued, typically within 3–6 months of filing. The applicant must file a written reply within 30 days of receiving the report. Common objections include:

• Section 9 objections — mark is descriptive, laudatory, or a common surname
• Section 11 objections — mark is similar to an earlier registered or applied-for mark
• Procedural objections — incomplete specification, incorrect class

A well-drafted reply with legal arguments and evidence of use (if any) can overcome most objections. If the Examiner is not satisfied, a Show-Cause Hearing before the Registrar may be scheduled.

Step 5 — Publication in the Trade Marks Journal

Once the Examiner is satisfied, the mark is accepted and published in the Trade Marks Journal (published weekly on the IP India website). Publication opens a four-month opposition window under Section 21, during which any person may file a Notice of Opposition (Form TM-O) objecting to registration.

If no opposition is filed within four months, or if opposition proceedings conclude in the applicant's favour, the mark proceeds to registration.

Step 6 — Registration Certificate

Upon completion of the opposition window without challenge, the Trademark Registry issues a Registration Certificate under Section 23. The ® symbol may only be used after the certificate is issued. Registration is valid for 10 years from the date of application and is renewable indefinitely on Form TM-R.

Typical Timeline