Brand protection, ₹4,500 govt fee

Category: Trademark & IP. From ₹4,999. Typical timeline: 12–18 months.

Overview

Trademark registration protects a brand name, logo, slogan or a distinctive combination of these under the Trade Marks Act, 1999, giving the owner exclusive nationwide rights to use the mark for the goods/services it is registered under, and the legal standing to act against infringement. Filing is done online through the IP India portal, and full registration typically completes in 12–18 months if unopposed.

Who needs it

• Businesses launching a new brand name, logo or product line they want to defend against copycats
• E-commerce sellers who need a registered mark to enforce takedowns on marketplaces and to use the ® symbol
• Companies planning to franchise, license, or expand the brand to new states or countries
• Anyone who has received a cease-and-desist or wants first-mover protection before a competitor files the same mark

Eligibility

• Any individual, proprietorship, partnership, LLP, company, trust or society intending to use (or already using) a mark in trade
• The mark must be capable of graphical representation and must distinguish the applicant’s goods/services from others’ — purely generic or descriptive marks are usually refused unless they’ve acquired distinctiveness through use
• Foreign applicants and NRIs can also file, typically through an Indian agent for service of notices

Documents required

• Applicant’s PAN and identity/address proof
• Certificate of Incorporation / Partnership Deed / LLP Agreement, if applying in the name of a business entity
• Logo file (if registering a device/logo mark), in the prescribed format
• Proof of first use of the mark in trade (invoices, packaging, website screenshots), if claiming a "used since" date rather than "proposed to be used"
• Signed Power of Attorney / Form TM-48 authorising the filing agent
• MSME/Startup India recognition certificate, if applicable, to claim the reduced government fee

Process

1. Trademark search — A search on the IP India public search tool and broader databases to check for identical or deceptively similar existing marks in the relevant class(es), reducing the risk of objection or opposition.
2. Application filing (Form TM-A) — File the application with the mark representation, applicant details, class(es) of goods/services, and the "used since" or "proposed to be used" declaration.
3. Formalities check & examination — The Registrar examines the mark for distinctiveness and conflicts with existing marks, and may issue an Examination Report raising objections that must be answered within 30 days.
4. Publication in the Trade Marks Journal — If accepted, the mark is published for 4 months, during which any third party can file an opposition.
5. Registration certificate — If unopposed (or opposition is decided in the applicant’s favour), the Registrar issues the Registration Certificate, valid for 10 years from the application date.

Government fees

• Government fee — individual/startup/MSME (per class, e-filing): ₹4,500
• Government fee — other entities (per class, e-filing): ₹9,000

Professional fee

₹4,999 professional fee per class, covering search, drafting, filing and responding to one examination report; opposition proceedings are quoted separately if they arise.

Timeline

12–18 months for full registration if unopposed and no objection is raised; can extend to 24+ months if an examination objection or third-party opposition needs to be contested.

Deliverables

• Filed TM-A application with acknowledgement and application number
• Right to use the ™ symbol immediately on filing
• Response to examination report, if one is raised
• Registration Certificate on successful completion (separate milestone, tracked in your portal)

Frequently asked questions

How long does trademark registration take?

Typically 12–18 months if the application is unopposed and no objection is raised — it can take longer if the Registrar raises an examination objection or a third party opposes the mark.

Can I use my brand name before registration is complete?

Yes — you can use the ™ symbol and start trading under the mark as soon as the application is filed; ® is reserved for marks that have completed registration.

What if someone opposes my trademark application?

You get a statutory window to file a counter-statement and evidence; opposition proceedings can take several months to over a year to resolve and are handled as a separate, quoted engagement.

Do I need to register in multiple classes?

Only if your goods/services span multiple classes under the NICE Classification — each class is filed and paid for separately, and protection only extends to the classes actually registered.

What happens after 10 years?

The registration must be renewed before the 10-year term ends (with a 6-month grace period after expiry) to keep the exclusive rights active — see the Renewals section below.

Common mistakes

• Skipping the pre-filing search and later discovering an identical or confusingly similar mark already exists in the same class
• Filing under the wrong NICE class, which limits protection to goods/services you don’t actually offer while leaving your real offering unprotected
• Missing the 30-day window to respond to an examination report, resulting in the application being treated as abandoned
• Not monitoring the Trade Marks Journal during the 4-month publication window and missing an opposition deadline
• Registering only a wordmark when the logo/device is the more distinctive and recognisable brand asset (or vice versa) — both often need separate protection

Penalties for non-compliance

• Failure to renew within the grace period leads to removal of the mark from the register, after which it can potentially be applied for by someone else
• Using an unregistered mark that infringes a registered one exposes the user to civil damages, account of profits, and in some cases criminal liability under the Trade Marks Act
• Restoration of a removed mark (Form TM-R with a late fee) is possible for a limited period after removal, but is not guaranteed and requires a separate application

Legal references

• Trade Marks Act, 1999 — registration, infringement, passing off and renewal provisions
• Trade Marks Rules, 2017 — filing procedure, fee schedule and classification
• NICE Classification (International) — the 45-class system used to categorise goods and services