Trademark Registration Process in India: Step-by-Step 2026

A registered trademark protects the brand name, logo, or mark that distinguishes your goods or services from those of competitors, and grants the exclusive right to use it across India. Registration in India is governed by the Trade Marks Act, 1999 and administered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) through the IP India portal. This guide explains the process as it stands in 2026, from the initial public search to the grant of registration and the right to use the R symbol.

Understanding what a trademark protects

A trademark can be a word, a combination of words, a logo, a device, a label, a shape of goods, packaging, or even a combination of colours, provided it is capable of distinguishing your goods or services and can be represented graphically. Descriptive terms, geographical names, and marks that are deceptively similar to existing ones are generally difficult to register. Choosing a distinctive, coined, or arbitrary mark at the outset improves the likelihood of a smooth registration.

Step-by-step trademark registration process

The end-to-end journey typically spans several months and can extend beyond a year where objections or oppositions arise. The core stages are set out below.

1. Public trademark search. Before filing, conduct a search on the public search facility of the IP India portal to check whether an identical or similar mark already exists in the relevant class. This step reduces the risk of objection or refusal and helps you assess how distinctive your proposed mark is.
2. Identify the correct class. India follows the NICE Classification, which organises goods and services into 45 classes (1 to 34 for goods and 35 to 45 for services). You must file under the class or classes that accurately cover your business activity; filing in the wrong class can leave your brand unprotected in the category that matters.
3. Prepare documents and details. Gather the applicant’s name and address, the mark or logo in the prescribed format, a description of goods or services, the date of first use (if the mark is already in use), and, where applicable, the Udyam/MSME or startup recognition certificate to claim the concessional fee. A power of attorney (Form TM-48) is required where an agent or attorney files on your behalf.
4. File Form TM-A. The application is filed using Form TM-A, either through e-filing on the IP India portal or by physical submission at the Trade Marks Registry. E-filing is faster and attracts a lower fee. On filing, you receive an application number, and once the application is accepted for processing you may begin using the TM symbol alongside your mark.
5. Examination. The Registry examines the application for compliance with the Act and issues an examination report, usually raising absolute grounds (lack of distinctiveness) or relative grounds (conflict with earlier marks) where applicable. If objections are raised, you must file a written reply within the stipulated period, and a hearing may be scheduled before an examiner.
6. Publication in the Trademark Journal. Once the application is accepted, the mark is advertised in the Trademark Journal. This opens a window, ordinarily four months, during which any third party may file a notice of opposition if they believe the mark infringes their rights.
7. Opposition (if any). Where an opposition is filed, both parties exchange pleadings and evidence, and the matter proceeds to a hearing before the Registrar. If no opposition is filed within the prescribed period, or the opposition is decided in the applicant’s favour, the application moves to registration.
8. Registration and certificate. On successful completion, the Registry issues the certificate of registration. You may then use the R symbol with your mark to signify that it is a registered trademark.

Government fees for filing Form TM-A

The statutory fee is charged per class and per mark, so a multi-class application multiplies the fee by the number of classes. The IP India fee schedule distinguishes between concessional applicants and others, and between e-filing and physical filing. As of 2026 the official fees for Form TM-A are:

• Individual, startup, or small enterprise (MSME): Rs 4,500 per class for e-filing, or Rs 5,000 per class for physical filing.
• All other applicants, such as companies and LLPs: Rs 9,000 per class for e-filing, or Rs 10,000 per class for physical filing.

These are the government fees only and do not include professional or attorney charges. To claim the concessional rate, an applicant must furnish valid proof such as an Udyam Registration or startup recognition certificate; without it, the standard rate applies. Government fees are revised from time to time, so you should confirm the prevailing amounts on the IP India portal before filing, and note that filing fees are non-refundable regardless of the outcome.

Validity, renewal, and maintenance

A registered trademark in India is valid for ten years from the date of application. It can be renewed indefinitely for successive ten-year periods on payment of the prescribed renewal fee, which means a well-maintained mark can remain protected in perpetuity. Renewal should be attended to before expiry to avoid the mark being removed from the register; the Act allows a restoration window on payment of additional fees, but timely renewal is the safer course.

Practical considerations

A thorough search and correct classification at the start save considerable time and cost later, because the most common causes of delay are examination objections and oppositions arising from conflicting or non-distinctive marks. Responding promptly and substantively to any examination report, with supporting evidence of use or distinctiveness, materially improves the prospects of acceptance. Because timelines depend on the Registry’s workload and whether objections arise, applicants should treat any estimate as indicative rather than fixed. Engaging a professional to manage the trademark registration filing and follow-up helps ensure that deadlines are met and that responses are correctly framed.

Frequently asked questions

How long does trademark registration take in India?

Where no objection or opposition arises, registration can be completed in roughly twelve to eighteen months, though it may be quicker or slower depending on the Registry’s workload. Objections and oppositions can extend the timeline considerably, which is why an early search and accurate filing are valuable.

Can I use the TM and R symbols before registration is complete?

You may use the TM symbol as soon as you have applied for the mark, to indicate that registration is claimed. The R symbol may be used only after the certificate of registration is granted, as it denotes a registered trademark.

Do I need to register in more than one class?

You should register in every class that covers your actual and intended goods or services. A single application can cover multiple classes, but the government fee applies per class, so the total cost increases with each additional class selected.

What happens if my application receives an objection?

The Registry issues an examination report setting out the grounds, and you must file a written reply within the prescribed period, supported by arguments and evidence where relevant. A hearing may follow, after which the application either proceeds to publication or is refused, subject to further remedies under the Act.

Is the concessional fee automatic for small businesses?

No. The reduced fee for individuals, startups, and MSMEs applies only where valid proof, such as an Udyam or startup recognition certificate, is submitted with the application. Without it, the standard applicant fee is charged.

TAXAJ assists businesses and individuals with end-to-end trademark registration and wider intellectual property rights (IPR) matters, from search and classification to filing, objection replies, and renewals. Speak to our team to protect your brand with confidence.