Protect your brand name before someone else does!
Why Should You Even Bother About Trademark Registration?
Let’s be honest — starting a business is hard enough. You’ve brainstormed your brand name, invested countless hours, and maybe even spent lakhs on marketing. But imagine one day someone else starts using your brand name or logo. Worse — they legally own it, and you don’t.
Enter: Trademark Registration.
A trademark gives you the exclusive legal right to use your brand name, logo, slogan, sound, or even smell (yes, that’s a thing!). In India, trademarks are governed by The Trade Marks Act, 1999 and are handled by the Controller General of Patents, Designs, and Trade Marks.
Now, let’s dive into the simple and fully online process to get your trademark registered in India.
Step 1: Do a Quick Trademark Search
Why?
Because you don’t want to waste time (or money) applying for something that’s already taken.
How to do it?
- Visit the official website: IP India Public Search.
- Enter your brand name or logo description.
- Check all similar trademarks in your class.
💡 Pro Tip: Always search under the correct trademark class. India follows NICE classification — there are 45 classes. For example:
- Class 25: Clothing, footwear, headgear
- Class 30: Food items like spices, tea, coffee
- Class 41: Education, coaching, training services
If you’re unsure, consult a trademark attorney.
Step 2: Choose the Right Trademark Class
Picking the wrong class can get your application rejected or leave your brand vulnerable. Your trademark is only protected in the class you choose.
👉 Example:
If you sell handmade soaps, Class 3 is your zone. But if you offer coaching, then Class 41 is where you belong.
Multiple classes = Multiple applications.
Step 3: Prepare Your Documents
Get these ready before you even think of filling that online form:
- Logo (optional): High-resolution JPG (less than 2MB).
- Owner Details: Name, address, nationality.
- Business Details: Certificate of incorporation (for companies).
- Power of Attorney (TM-48): If filed by an agent/attorney.
- Identity & Address Proof: PAN, Aadhaar, Passport, Voter ID, etc.
- User Affidavit (if applicable): If you claim prior use before filing.
💡 Note: If you’re claiming prior use, submit proof like invoices, advertisements, or website screenshots.
Step 4: File Your Trademark Application Online
Now comes the fun part — let’s go digital!
Where to Apply?
- Visit IP India Online Trademark Filing Portal.
- Create a login ID.
- Fill Form TM-A.
Costs (as of 2025):
| Applicant Type | Fees (Per Class) |
|---|---|
| Individual/Startup/SME | ₹4,500 |
| Others (Company/LLP) | ₹9,000 |
You can pay via net banking, credit card, debit card, or UPI.
After submission, you’ll get an acknowledgment number — this is your application number for future tracking.
Step 5: Examination Stage (Sit Tight, It Takes Time)
Once submitted, the Trademark Office assigns an examiner. They will review your application for:
- Correctness
- Similarity with existing trademarks
- Legal compliance
Outcomes:
- Accepted: Moves directly for publication.
- Objection: Examiner issues an Examination Report.
Step 6: Reply to Objection (If Any)
Don’t panic if you get an objection — it’s common!
- Draft a reply to the Examination Report.
- Submit evidence supporting your trademark claim.
- Attend hearing (if required).
💡 Tip: Hire a trademark attorney to draft a solid reply. One wrong word can lead to rejection.
Step 7: Publication in Trademark Journal
If everything goes smoothly, your trademark gets published in the Trademark Journal for public inspection.
- If no one opposes within 4 months — Congrats, you’re almost there!
- If opposed — You’ll need to fight it legally.
Step 8: Trademark Registration Certificate
After the opposition window closes, your trademark gets officially registered. You’ll receive a soft copy of your Trademark Registration Certificate online.
🎉 You are now the legal owner of your brand!
Bonus Tips: Protect Your Trademark Smartly
- ✅ Use ™ symbol right after filing.
- ✅ Use ® symbol after registration.
- ✅ Renew your trademark every 10 years.
- ✅ Keep monitoring for infringement.
- ✅ Register internationally if you plan to expand.
Common Mistakes to Avoid
- ❌ Copying famous brand names (instant rejection).
- ❌ Using generic or descriptive terms (like “Best Shoes”).
- ❌ Filing under wrong class.
- ❌ Ignoring objections.
- ❌ Not hiring an expert when needed.
How Long Does It Take?
- Filing: Instant
- Examination: 3-6 months
- Journal Publication: 4 months
- Registration Certificate: 1-2 months after no opposition
Total time: Around 8-14 months (depending on objections and opposition).