Trademark Registration in India (2026): Fees, Classes & Timeline
Introduction
A trademark is one of the most valuable intellectual property assets of a business. It helps customers identify a brand and distinguishes its products or services from competitors. A trademark may include a brand name, business name, logo, word, symbol, tagline, product name, label, packaging element or combination of words and devices. In India, trademark registration is primarily governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, administered by the Trade Marks Registry under the Office of the Controller General of Patents, Designs and Trade Marks. Registration gives the proprietor statutory rights over the mark and strengthens the ability to act against unauthorised use, infringement and brand imitation.
What is a Trademark?
A trademark is a sign capable of distinguishing the goods or services of one business from those of another. It can include word marks (company, product and brand names, taglines), logo or device marks (a graphical symbol or design), sound marks, shape marks (unique product or packaging shape) and distinctive colour combinations, subject to legal requirements.
Why is Trademark Registration Important?
Registration provides exclusive statutory rights to use the mark for the registered goods/services, stronger legal protection against infringement, and helps prevent brand copying. A registered trademark also becomes a valuable intellectual property asset that can be assigned, licensed, franchised or commercially exploited, and it builds brand value and market credibility.
Who Can Apply?
An application can be filed by an individual, sole proprietorship, partnership firm, LLP, private or public limited company, startup, small enterprise, trust, society, association of persons, foreign individual or foreign company. It is filed in the name of the person or entity claiming to be the proprietor of the mark.
Understanding Trademark Classes in India
Registration is based on the international Nice Classification System. There are 45 classes — Classes 1–34 for goods and Classes 35–45 for services. Selecting the correct class is one of the most important stages of the process.
Trademark Classes for Goods
| Class | Major Goods Covered |
|---|---|
| Class 1 | Chemicals used in industry and science |
| Class 2 | Paints, varnishes and preservatives |
| Class 3 | Cosmetics and cleaning preparations |
| Class 4 | Industrial oils, fuels and lubricants |
| Class 5 | Pharmaceuticals and medical preparations |
| Class 6 | Common metals and metal products |
| Class 7 | Machines and machine tools |
| Class 8 | Hand tools and implements |
| Class 9 | Computers, software, electronics and scientific equipment |
| Class 10 | Medical and surgical equipment |
| Class 11 | Lighting, heating and cooling equipment |
| Class 12 | Vehicles |
| Class 13 | Firearms and ammunition |
| Class 14 | Jewellery and watches |
| Class 15 | Musical instruments |
| Class 16 | Paper, printed material and stationery |
| Class 17 | Rubber and insulating materials |
| Class 18 | Leather goods, bags and luggage |
| Class 19 | Non-metallic building materials |
| Class 20 | Furniture |
| Class 21 | Household and kitchen utensils |
| Class 22 | Ropes, tents and textile fibres |
| Class 23 | Yarns and threads |
| Class 24 | Textiles and fabrics |
| Class 25 | Clothing, footwear and headgear |
| Class 26 | Lace, embroidery and accessories |
| Class 27 | Carpets and floor coverings |
| Class 28 | Games, toys and sporting articles |
| Class 29 | Meat, dairy products and processed foods |
| Class 30 | Coffee, tea, bakery products and spices |
| Class 31 | Agricultural and horticultural products |
| Class 32 | Non-alcoholic beverages |
| Class 33 | Alcoholic beverages |
| Class 34 | Tobacco and smokers’ articles |
Trademark Classes for Services
| Class | Major Services Covered |
|---|---|
| Class 35 | Advertising and business management |
| Class 36 | Financial, insurance and real estate services |
| Class 37 | Construction and repair services |
| Class 38 | Telecommunications |
| Class 39 | Transport, logistics and storage |
| Class 40 | Treatment of materials |
| Class 41 | Education, training and entertainment |
| Class 42 | Technology, software and scientific services |
| Class 43 | Restaurants, cafes and accommodation services |
| Class 44 | Medical, beauty and agricultural services |
| Class 45 | Legal, security and personal services |
Trademark Registration Government Fees (2026)
Applications are generally filed using Form TM-A. The fee is charged per trademark, per class, per application:
| Applicant Category | E-Filing Government Fee |
|---|---|
| Individual | ₹4,500 per class per mark |
| Startup | ₹4,500 per class per mark |
| Small Enterprise | ₹4,500 per class per mark |
| Other Applicants | ₹9,000 per class per mark |
So a company (not in the concessional category) applying for the same trademark in three classes would generally pay ₹27,000 for electronic filing.
Step-by-Step Registration Process
Step 1: Conduct a Trademark Search
Before filing, run a detailed search for identical, similar and phonetically similar marks, existing applications and registered trademarks. A proper search reduces the chance of objections and opposition.
Step 2: Select the Correct Class
Identify the appropriate class(es) based on the goods and services offered. Incorrect classification may limit protection.
Step 3: Prepare the Application
Include applicant details, trademark representation, correct class, description of goods/services, user claim and supporting documents.
Step 4: File Form TM-A
File with the Trade Marks Registry; an application number is generated and you may start using the ™ symbol.
Step 5: Formality Check
The Registry reviews basic procedural requirements; issues may arise from incorrect classification, incomplete documents or defective authorisation.
Step 6: Examination
The Examiner reviews the application under the Trade Marks Act, 1999 and may accept it or raise objections under Section 9 (absolute grounds — descriptive, generic or non-distinctive marks) or Section 11 (relative grounds — identical or deceptively similar to an earlier mark).
Step 7: Reply to Examination Report
If objected, submit a detailed response within the prescribed timeline with legal arguments, factual distinctions, evidence of prior use and precedents.
Step 8: Hearing
If the response is not accepted, the matter may be listed for a hearing where arguments supporting registration are presented.
Step 9: Publication in the Trademark Journal
On acceptance, the mark is published to allow third parties to oppose it.
Step 10: Registration Certificate
If accepted with no opposition (or opposition decided in the applicant’s favour), the trademark proceeds to registration and a certificate is issued. The proprietor can then use the ® symbol.
Opposition Period
After publication, a 4-month opposition period is available to third parties. If none is filed, the application proceeds towards registration.
Trademark Registration Timeline (2026)
There is no single guaranteed timeline — it depends on examination, objections, hearings and opposition.
| Stage | Indicative Timeline |
|---|---|
| Trademark Search | 1–2 working days |
| Application Preparation & Filing | 1–3 working days |
| Formality & Examination | Depends on Registry processing |
| Reply to Objection | Within prescribed period |
| Journal Publication | After acceptance |
| Opposition Period | 4 months |
| Registration | After completion of applicable stages |
For a straightforward, unopposed application, registration may commonly take several months to over a year. Avoid relying on promises of guaranteed registration within a fixed period.
Validity & Renewal
A registered trademark is valid for 10 years from the date of application and can be renewed indefinitely for successive 10-year periods by filing the prescribed form and fee.
Is an Indian Trademark Valid Internationally?
No — trademark rights are territorial. Indian registration primarily provides protection within India. For overseas protection, file directly in foreign jurisdictions or use the Madrid Protocol where appropriate.
Common Mistakes to Avoid
Filing without a trademark search, choosing the wrong class, filing only the logo (ignoring the word mark), ignoring examination reports, missing opposition deadlines, and using the ® symbol before registration.
Conclusion
Trademark registration protects a business’s brand identity and intellectual property rights. In 2026 you can file electronically through Form TM-A at ₹4,500 per class per mark for individuals, startups and small enterprises and ₹9,000 per class per mark for other applicants. Since trademarks can be renewed indefinitely, a registered mark can become a long-term commercial asset.
Need expert help?
TAXAJ’s Chartered Accountants, Company Secretaries and legal team handle this end-to-end for businesses and individuals across Delhi, Bengaluru, Goa and Bihar. Ask a question in our Community or get in touch with TAXAJ.
This guide is general information and is not a substitute for professional advice. Rules, rates and deadlines can change — verify the latest position on the relevant official portal or consult a professional before acting.
