Trademark Registration in India – Protecting Your Brand Under the Trade Marks Act, 1999

Q: Who can apply for trademark registration in India?

Any person claiming proprietorship — individuals, firms, companies, trusts, and foreign entities. Foreign applicants must provide an address for service in India. Joint applications are permitted.

Q: What is the government fee for trademark registration in India?

Rs 9,000 per class for individuals, DPIIT-recognised startups, and Udyam-registered MSMEs. Rs 10,000 per class for all other applicants including large companies. Fee applies per class per application.

Q: What is the Nice Classification and how do I choose the right class?

A 45-class international classification — Classes 1-34 for goods, 35-45 for services. Protection is limited to registered classes. Our team maps your goods and services to the correct classes and drafts comprehensive descriptions.

Q: Can I use my trademark before registration is complete?

Yes. The ™ symbol can be used from the filing date. The ® symbol is only permitted after formal registration. Commercial use also builds actual use evidence relevant to opposition and rectification proceedings.

Q: Can a foreign company register a trademark in India?

Yes — directly via a TM-A filing with an Indian address for service, or through the Madrid Protocol international system designating India as a territory.

Expert Trademark Search, Class Selection, and Application Filing on the IP India Portal for Words, Logos, and Device Marks

Trademark registration in India is governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, administered by the Trade Marks Registry under the CGPDTM. To register a trademark, the applicant must file Form TM-A on the IP India portal (ipindia.gov.in), specifying the mark, the applicable class(es) under the Nice Classification (45 classes), the goods or services claimed, and the applicant's details. The Trade Marks Registry examines the application against absolute grounds under Section 9 (distinctiveness, descriptiveness, deceptiveness) and relative grounds under Section 11 (likelihood of confusion with earlier marks), and issues an examination report if objections are found. A response to the examination report must be filed within 30 days of receipt.

Once accepted, the mark is advertised in the weekly Trade Marks Journal for a 4-month opposition period. If no opposition is filed or an opposition is decided in the applicant's favour, the Trade Marks Registry issues the registration certificate. Our trademark registration service covers the complete process — from preliminary clearance search through application filing, examination report response, journal advertisement monitoring, and registration certificate procurement.

Our Trademark Registration Services

Trademark Clearance Search

Comprehensive prior art search on the IP India TM Search portal — word mark, phonetic, and device mark searches — to identify conflicting marks before filing and assess registrability.

Trademark Application Filing (TM-A)

Preparation and filing of Form TM-A on the IP India portal — covering word marks, logo marks, device marks, colour marks, series marks, and 3D trademarks.

Nice Classification Advisory

Expert class selection advice across the 45 Nice Classification classes — ensuring your goods or services are correctly and comprehensively classified for maximum protection coverage.

Multi-Class Trademark Filing

Filing of multi-class trademark applications covering multiple Nice Classification classes in a single application — with class-specific goods/service descriptions for each class.

Logo and Device Mark Application

Preparation of device mark applications including Vienna Classification coding for logo elements, colour claim specification, and graphical representation compliance for the Trade Marks Registry.

Application Status Monitoring

Tracking of trademark application status on the IP India portal — monitoring for examination reports, journal advertisement, opposition filings, and registration certificate issuance.

Why Professional Trademark Registration Support Matters

A pre-filing clearance search reduces the risk of registration refusal on relative grounds — preventing wasted fees and timeline loss from foreseeable conflicts
Correct class selection ensures maximum scope of protection — incorrect or narrow class descriptions can leave your brand unprotected in key market segments
Accurate Form TM-A preparation prevents procedural rejections and registry objections on formal grounds — which delay the application significantly
Professional logo mark preparation with Vienna Classification coding ensures the device mark application is accepted without formal objections on representation
Real-time application status monitoring enables timely response to examination reports within the 30-day window — preventing abandonment
Multi-class protection from the filing date — priority is established on the filing date, making early and comprehensive filing essential for brand security

Frequently Asked Questions

Who can apply for trademark registration in India?

Any person claiming to be the proprietor of a trademark — including individuals, proprietorships, partnership firms, companies (Indian or foreign), trusts, societies, and government entities — can apply for trademark registration in India. A foreign applicant must provide an address for service in India on the TM-A form. Joint applications by two or more persons are also permitted. Our team advises on the most appropriate applicant entity for strategic brand ownership.

What is the government fee for trademark registration in India?

The government fee for filing Form TM-A is Rs 9,000 per class for individual applicants, startup companies (DPIIT-recognised), small enterprises (Udyam-registered proprietorships, partnerships, and companies), and sole proprietors; and Rs 10,000 per class for all other applicants including large companies. The fee applies per class per application. Multi-class applications attract the per-class fee for each class claimed.

What is the Nice Classification and how do I choose the right class?

The Nice Classification is an international classification system with 45 classes used worldwide for trademark registration. Classes 1–34 cover physical goods (food, clothing, chemicals, machinery, software products, etc.) and Classes 35–45 cover services (retail, finance, IT services, legal, education, etc.). Choosing the correct class(es) is critical — protection is limited to the registered classes. Our team maps your specific goods and services to the appropriate classes and drafts precise class descriptions to maximise coverage.

Can I use my trademark before registration is complete?

Yes. You can use the ™ symbol and commercially deploy the mark from the date of filing. Prior use can also be relevant to establishing priority in opposition proceedings. However, you cannot use the ® symbol until the trademark is formally registered. Commercial use during the registration period also begins building actual use evidence — important for resisting non-use rectification after registration.

Can a foreign company register a trademark in India?

Yes. Foreign companies and individuals can apply for trademark registration in India directly or via the Madrid Protocol international trademark system. A direct India filing requires an address for service in India (typically the applicant's trademark attorney). Filing through the Madrid Protocol designating India — where the applicant's home country is a member — allows simultaneous filing in multiple countries with India being one of the designated territories.

Register Your Trademark in India Today

Expert trademark search, class selection, and application filing for words, logos, and device marks.