Before you file
Two decisions have to be made before anything is submitted, because neither can be undone afterwards.
Who is the applicant? An individual, a company, an LLP, a partnership. This fixes the government fee — ₹4,500 per class for individuals, DPIIT startups and Udyam-registered MSMEs, ₹9,000 for everyone else — and it fixes who owns the mark. Changing the owner later means a formal assignment.
Which classes? Protection is class by class and the class cannot be changed after filing. Our guide to choosing the right class covers this properly.
The eight steps
Search the register
Run a wordmark search using all three prefix options, a phonetic search, and a Vienna code search if your mark includes a logo — in every class you intend to file in. The register is free to search and needs no login.
This is the step people skip, and it is the one that saves the most money. The government fee is not refundable, so a conflict discovered after filing costs the whole amount.
Fix your classes and descriptions
Decide every class you actually trade in, then write a specific description of the goods or services for each. Vague wording such as "all goods in this class" invites an objection; precise wording drawn from the registry's accepted list does not.
File Form TM-A
Filed online through the IP India portal. You supply the mark itself (the word, or the logo image), the applicant details, the classes and descriptions, and the date of first use if you are claiming prior use.
Supporting documents where applicable: power of attorney if an agent files for you, the Udyam or DPIIT certificate if you are claiming the concessional fee, and a user affidavit with evidence if you claim use from an earlier date.
Once filed you receive an application number. From this moment you may use the ™ symbol.
Formalities check
The registry verifies that the paperwork is complete — power of attorney signed, translation or transliteration supplied if the mark is not in English, user affidavit attached where prior use is claimed.
Status becomes Formalities Chk Pass if all is well. If something is missing it becomes Formalities Chk Fail, and you have thirty days to correct it. Nothing about the mark itself has been assessed yet.
Examination
An examiner assesses the mark on its merits: is it distinctive enough under Section 9, and does it conflict with an earlier mark under Section 11? This is the substantive decision, and it is where most applications meet their first real obstacle.
If the examiner has no objection, the application is Accepted and moves to publication. If there is an objection, an examination report is issued and you have one month from service to reply.
Publication in the Trade Marks Journal
Accepted marks are advertised in the journal, which the registry publishes weekly. The status reads Accepted & Advertised. This is the public notice stage: the whole point is to let anyone who objects come forward.
The four-month opposition window
From publication, any person may file a notice of opposition for four months. Most applications pass through untouched.
If an opposition is filed, the status becomes Opposed and the application turns into a contested proceeding with a counter-statement, evidence from both sides and a hearing. This is the longest and most expensive route, and the one where professional representation matters most.
Registration
No opposition, or opposition decided in your favour, and the registrar registers the mark and issues the certificate. Status reads Registered.
Only now may you use the ® symbol. Protection runs for ten years from the filing date, not from the registration date — so the clock has been running throughout the wait.
Want us to handle the filing?
Send us your brand name and what you sell. We will run the search, confirm the classes and tell you exactly what the process will involve — the search is free.
Why it takes so long
Twelve to twenty-four months is normal, and almost none of that is your doing.
Four of those months are the opposition window, which is fixed by law and cannot be shortened. Several more are registry queue time before an examiner picks up the file. If an objection is raised, add the month for your reply plus the wait for the examiner to consider it, and a further wait if a hearing is fixed.
Expedited processing is available on Form TM-M for ₹20,000 per class (individuals, startups and small enterprises) or ₹40,000 per class for others. It moves you up the examination queue. It does not shorten the four-month opposition window, so it compresses part of the timeline, not all of it.
What can go wrong, and how often
- Formalities Chk Fail. Fixable paperwork. Thirty days to correct.
- Objection under Section 9. The mark is descriptive or not distinctive. Common with names that describe the product.
- Objection under Section 11. An earlier similar mark exists. This is what a proper search is meant to catch before you spend anything.
- Show cause hearing. Your reply did not persuade the examiner. You get to argue in person, usually by video.
- Opposition. A third party challenges you after publication.
- Abandonment. A deadline passed unanswered. The most common ending, and the most avoidable.
The full list of statuses and what each requires from you is in our guide to trademark status meanings.
After you are registered
Registration is not the end of the obligations.
Renew every ten years. ₹9,000 per class on Form TM-R. Late renewal within the six-month grace period costs ₹13,500, and restoring a mark already removed costs ₹18,000.
Use the mark. A registration unused for five years can be challenged and removed for non-use. This is the practical reason not to file in classes you have no plans for.
Watch the journal. Registration does not stop others applying for similar marks. Noticing a conflicting application while it is still in its opposition window is far cheaper than dealing with it after it registers.
Frequently asked questions
How long does trademark registration take in India?
Commonly twelve to twenty-four months when no objection or opposition arises. Four of those months are the opposition window fixed by law, and most of the rest is registry queue time before and during examination.
Can I use my brand while the application is pending?
Yes. You may use the mark and the ™ symbol from the day you file. The ® symbol may only be used once the mark is actually registered and the certificate issued.
What is Form TM-A?
It is the application form for registering a trademark in India, filed online through the IP India portal. It carries the mark, the applicant details, the classes and the description of goods or services, along with the government fee.
Can I speed up trademark registration?
Expedited processing is available on Form TM-M for ₹20,000 per class for individuals, startups and small enterprises, or ₹40,000 per class for others. It moves you up the examination queue but does not shorten the four-month opposition window.
Do I need a lawyer to register a trademark in India?
No, you can file yourself. The practical difficulty is not the form but the judgement around it: choosing classes, drafting descriptions the registry accepts, and answering an objection if one is raised. Most refusals turn on those, not on the filing itself.
When does the ten-year protection start?
From the filing date, not the registration date. So the months spent waiting for the certificate come out of the first ten-year term.
What happens if nobody opposes my trademark?
The application proceeds to registration once the four-month window closes. The registrar issues the certificate, the status changes to Registered, and you may begin using the ® symbol.