Quick answer: You register a brand name in India by filing Form TM-A online with the Trade Marks Registry. The official e-filing fee is ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 per class for others. After filing you can use ™; you can use ® only once the mark is registered, which needs examination, publication and a four-month window for opposition. Registration lasts 10 years and can be renewed. Figures are as of October 2026.
Why bother, and who should file
A trademark protects the name, logo or tagline customers use to recognise you. Without registration you can still act against copycats under the law of “passing off”, but you have to prove your reputation, which is slow and expensive. A registration gives you a certificate you can show to Amazon, Instagram, a court or a copycat’s lawyer.
It is worth filing early if you are spending on packaging, a website or ads under one name, selling on marketplaces with brand registry programmes, or planning to franchise or raise funds.
You can file as an individual (in your own name) even if you have not set up a company. If you later form an LLP or company, the mark can be assigned to it.
Step 1: Search before you file
Most refusals happen because the name is too close to an existing mark or is descriptive. Before you file:
- Use the free public search on the IP India site. Search your exact name, spelling variations and names that sound similar (phonetic search).
- Search in the class you plan to file in and in related classes.
- Check marketplaces, Instagram, domain names and company names on the MCA portal.
The Trade Marks Act refuses marks on two broad grounds:
- Absolute grounds (Section 9): marks that lack distinctive character, or that only describe the kind, quality, quantity, purpose, value or origin of the goods, or are common terms in the trade. “Best Homemade Pickles” will struggle; an invented word will not.
- Relative grounds (Section 11): marks identical or similar to an earlier registered mark or earlier application for similar goods or services, where buyers are likely to be confused.
Invented or unusual words are the easiest to register. Your own name combined with a distinct word often works too.
Step 2: Pick your class or classes
India follows the international Nice Classification, with 45 classes: classes 1 to 34 cover goods and 35 to 45 cover services. You pay a fee for each class. A single application can cover several classes, but the fee is per class.
| If you sell | Likely class |
|---|---|
| Cosmetics, soaps, skincare | 3 |
| Jewellery | 14 |
| Bags, leather goods | 18 |
| Clothing, footwear | 25 |
| Pickles, jams, processed foods | 29 |
| Bakery, spices, tea, coffee | 30 |
| Retail or online store services | 35 |
| Education, coaching, training | 41 |
| Restaurants, catering, tiffin services | 43 |
| Beauty salon, wellness | 44 |
These are common examples, not a full list. Use the classification tool linked from the IP India filing page to check the exact wording for your goods. Describe what you actually sell or plan to sell soon; a very broad description can attract objections or a request to file an affidavit of intended use.
Step 3: Fees
From the First Schedule of the Trade Marks Rules, 2017, as published on the IP India site:
| Item | Individual, startup or small enterprise | All others |
|---|---|---|
| New application (TM-A), e-filing, per class | ₹4,500 | ₹9,000 |
| New application (TM-A), physical filing, per class | ₹5,000 | ₹10,000 |
| Expedited examination (TM-M), e-filing only | ₹20,000 | ₹40,000 |
| Notice of opposition or counter-statement (TM-O), e-filing | ₹2,700 | ₹2,700 |
| Renewal (TM-R), e-filing, per class | ₹9,000 | ₹9,000 |
Who gets the lower fee: individuals, startups recognised under Startup India, and small enterprises as defined in the Trade Marks Rules by reference to the MSMED Act. If you file as a business, keep your Udyam certificate or DPIIT recognition ready, as filing services and the registry ask for proof of category. A partnership firm or company without these pays ₹9,000.
If you use a trademark attorney or agent, add their professional fee, which varies widely.
Step 4: File Form TM-A online
- Register on the IP India comprehensive e-filing portal.
- Choose TM-A (new application) and fill applicant details: name, address, nationality and legal status (individual, proprietorship, partnership, LLP, company).
- Choose the type of mark: word mark (protects the name in any font) or device mark (a logo). Many small brands file the word mark first because it gives the broadest protection.
- Select the class and enter the goods or services description.
- State use: either the date you first used the mark, or “proposed to be used”. If you claim past use, you must file an affidavit of use with supporting documents such as dated invoices or ads.
- Upload the mark image (for a logo), any Power of Attorney if an agent files for you, and proof of category for the reduced fee.
- Sign digitally and pay. You get an application number immediately. From this point you may use ™.
Step 5: Examination, objections and hearing
The registry examines applications in order of filing. The examiner may accept the mark or issue an examination report with objections, usually under Section 9 or 11.
- The registry’s standard operating process says you must reply within 30 days of receiving the report. If you do not reply, the application is treated as abandoned.
- In your reply you can argue distinctiveness, show evidence of use, narrow the goods, or point out differences from the cited marks.
- If the examiner is not satisfied, you get a show-cause hearing, which can be attended by video conference.
If you need speed, the expedited route (Form TM-M) aims to examine your application within about three months, at a higher fee.
Step 6: Publication, opposition and registration
Once accepted, the mark is advertised in the Trade Marks Journal. Anyone can oppose within four months of publication. If no one opposes, the registration certificate is issued automatically. If someone does, both sides file evidence and the registry decides after a hearing; this can take much longer.
Track status any time on the e-status page using your application number. Registration is valid for 10 years, renewable for further 10-year periods on payment of the renewal fee.
How long does it take overall? There is no fixed statutory timeline. An unopposed application with no objections moves fastest; objections and oppositions add months or years. Plan your launch around the ™ stage, not the certificate.
™ vs ®
| Symbol | When you can use it | What it signals |
|---|---|---|
| ™ | Any time, including after filing or even before | You claim the name as your brand |
| ® | Only after the mark is registered, and only for the classes it is registered in | The mark is registered |
Using ® before registration, or for goods outside your registered classes, amounts to falsely representing a mark as registered, which is an offence under the Trade Marks Act, 1999. Wait for the certificate.
Common mistakes
- Descriptive names. “Pure Organic Ghee” describes the product and is likely to be refused.
- Skipping the search and discovering a similar mark after printing packaging.
- Wrong class, for example filing only in class 30 when you also run a café (class 43).
- Filing in someone else’s name. Agencies sometimes file in their own name. The applicant on TM-A must be you or your business.
- Missing the reply deadline on an examination report, which leads to abandonment.
Tips for women and small founders
- Filing in your own name as an individual gets you the ₹4,500 fee and keeps ownership clear, which matters if a family member or partner later leaves the business.
- If you are DPIIT-recognised, Startup India also offers free IP facilitators under its scheme, so you pay only the official fee.
FAQ
Q: Can I file a trademark without a company or GST number?
A: Yes. An individual can file in her own name with basic ID and address details.
Q: How much will it cost for one name in one class?
A: ₹4,500 in official fees if you file online as an individual, startup or small enterprise, plus any agent’s fee.
Q: Can I start using my brand while the application is pending?
A: Yes, and you can use ™. Just do not use ® until registration.
Q: What if my application is opposed?
A: You file a counter-statement (TM-O) and evidence. Many founders take a trademark attorney’s help at this stage.
Q: Does a registration in India protect me abroad?
A: No. Trademark rights are territorial. You need separate filings, or an international application, for other countries.
Official links
- IP India trade marks, forms and official fees: https://ipindia.gov.in/pages/trade-marks/learn/forms-and-official-fees
- Trademark filing process (IP India): https://ipindia.gov.in/application-workflow/trademark-filing-process
- Comprehensive e-filing portal: https://ipindiaonline.gov.in/trademarkefiling/user/frmloginnew.aspx
- Application status (e-status): https://tmrsearch.ipindia.gov.in/estatus
- Trade Marks Rules, 2017: https://ipindia.gov.in/tm-rules-2017
Last checked: October 2026. Rules, limits and fees change; confirm with the official source before you apply. This guide is general information, not legal, tax or financial advice.
Sources: IP India, Trade Marks forms and official fees (October 2026); IP India, trademark filing process (October 2026); IP India, Standard Operating Process of Trade Marks Applications (October 2026); IP India, Trade Marks Rules, 2017 (October 2026); IP India, Draft Manual of Trade Marks Practice and Procedure (October 2026); PIB, Trade Mark Rules 2017 (March 2017); S.S. Rana, trademark filing fees (2024); Setindiabiz, trademark fee concession for MSMEs and startups (2026)
