Trademark Registration in India
Protect your brand name, logo or tagline under the Trade Marks Act 1999. Regikart runs the clearance search, picks the right NICE classes and files Form TM-A on the IP India portal - from Rs 4,500 per class for individuals and startups.
- Free clearance search
- TM symbol from filing
- Concessional fee captured
- Pan-India CA + CS team
At a glance
Trademark registration - the essentials
| Governing law | Trade Marks Act 1999 and Trade Marks Rules 2017 |
| Authority | Registrar of Trade Marks (CGPDTM), filed on the IP India portal |
| Form | Form TM-A for a new application; Form TM-R for renewal; Form TM-48 for agent power of attorney |
| Government fee | Rs 4,500 per class for individuals / DPIIT startups / MSMEs (e-filing); Rs 9,000 per class for companies, LLPs and other entities |
| Classification | NICE Classification - 45 classes (goods 1 to 34, services 35 to 45). 13th edition in force from 1 January 2026 |
| Validity and renewal | 10 years from date of registration, renewable for further 10-year blocks through Form TM-R |
| Symbols | TM usable from the filing date; R usable only after registration |
Brand owners we have served
What founders say about Regikart
Regikart's search flagged a near-identical mark in Class 35 before we filed. We pivoted the name and registered cleanly in 7 months. That search alone saved us a rebrand.
Aisha N.
Founder, D2C beauty brand
Filed in two classes through Regikart with the Udyam concession - half the cost of what another agent had quoted. Objection reply was handled without any chasing from our side.
Vikram T.
Director, B2B SaaS Pvt Ltd
We had a notice of opposition from a competitor. Regikart drafted the counter-statement and represented us at the hearing. Registration came through 12 months later.
Sneha K.
Co-founder, fintech startup
Why it matters
File early to secure your priority date
Trademark rights in India broadly follow who filed first. Delaying risks another business registering a similar mark in your class, which can force a costly rebrand. Run a search and file before you launch or scale the brand.
Exclusive right to your brand
Registration gives you the statutory monopoly to use your name, logo or tagline for the registered class. Without it, your brand is just a common-law claim that is far harder to enforce.
Statutory basis to sue
A registered mark gives you a direct cause of action against infringement and passing off, including injunctions, damages and seizure - all without proving prior reputation from scratch.
First-to-file wins
Indian trademark rights broadly follow who filed first. Delay risks a competitor filing a similar mark in your class and forcing a costly rebrand at the worst possible time.
TM symbol from day one
The moment you file, you can use the TM symbol publicly. That alone changes how customers, investors and marketplaces perceive your brand, even before the certificate arrives.
Who needs it
Who should register a trademark?
Anyone building a brand should register it early. Individuals, DPIIT-recognised startups and MSMEs pay the concessional Rs 4,500 per class - so registering before incorporating, or while you hold Udyam or startup recognition, can lower the fee materially.
- Startups and new companies protecting a brand name or logo from day one
- Individuals, freelancers and sole proprietors, who can file in their own name and pay the concessional fee
- Established businesses adding new products, services or sub-brands across additional classes
- D2C and e-commerce brands listing on marketplaces such as Amazon, Flipkart and Meesho - all require an active TM application or certificate for Brand Registry
- Franchise, license and SaaS businesses where the brand itself is the licensable asset
Mark types
Word, device or combined - which to file?
Word mark
Plain text only - the brand name without any specific font, colour or logo. Strongest protection because it covers the name in any visual treatment. Recommended for most startups.
Device mark
A logo, symbol or graphic - protected as it appears. Useful when the visual identity is itself distinctive. Does not protect the underlying name on its own.
Combined mark
Logo plus text together. Protected only as the combination. Cheaper than filing two separate marks but offers narrower protection than a word mark plus a separate device mark.
Regikart trademark services
What we handle end-to-end
Trademark search
We run a clearance search on the IP India register and pending applications across your target classes - so you do not file blind and waste a Rs 4,500 fee on a clash.
Class selection
We map your goods and services to the correct NICE classes. The wrong class resets your priority date and doubles cost - this is the single most common DIY mistake.
Form TM-A filing
We file the application - word, device or combined - with the Rule 47 statement of use and Form TM-48 power of attorney, and deliver your application number same day.
Examination replies
We draft and file responses to objections under Sections 9 and 11, within the one-month window. Late or generic replies cause most preventable abandonments.
Opposition support
Where a third party files a notice of opposition during the 4-month publication window, we file the counter-statement and represent you at the Registrar's hearing.
Renewal and restoration
We file Form TM-R every 10 years and handle restoration within the statutory window if your mark lapses - keeping your protection unbroken.
The process
Trademark registration in 8 steps
Search to certificate, with the TM symbol usable from day one of filing. Most uncontested marks complete in 6 to 18 months.
- Step 01Day 1
Trademark search
Run a search on the IP India portal across your target NICE classes to confirm the mark is available and to flag conflicting prior applications.
- Step 02Day 1
Choose mark type and classes
Decide between a word mark, a device (logo) mark, or a combined mark, and map your goods and services to the correct NICE classes. Fee is per class.
- Step 03Day 1-2
File Form TM-A
Submit the application with applicant details, the mark, the goods or services, and the Rule 47 statement of use. Pay the per-class government fee online.
- Step 04Day 2
Start using TM symbol
Use the TM symbol from the filing date on packaging, website, marketing and product listings. Your priority date is locked.
- Step 05Month 1-4
Examination
The Registrar examines the application and issues an examination report with any objections under Sections 9 (absolute grounds) and 11 (relative grounds), typically within 30 days.
- Step 06Within 30 days of report
Reply to objections
File a reply addressing each objection with case law, distinctiveness arguments and evidence of use. A hearing may be scheduled if the reply is not accepted on paper.
- Step 07Month 4-8
Publication and opposition
Once accepted, the mark is published in the Trademark Journal. A 4-month opposition window opens for third parties to file objections. Most marks pass this window unopposed.
- Step 08Month 6-18
Registration certificate
After the opposition window closes clean, the Registrar issues the registration certificate. You can now use the R symbol and the protection is valid for 10 years.
Documents
What we need from you
Applicant proof
- Identity proof of the applicant (PAN, Aadhaar or passport)
- Business registration document, where applicable (incorporation certificate / partnership deed / Udyam certificate)
- Address proof of the applicant
- Contact details and email for examination correspondence
The mark itself
- Image of the logo or device mark (JPEG, transparent background recommended)
- Wordmark spelling, including any variants you want covered
- Description of the goods or services for each NICE class
- Existing usage proof - invoices, packaging, marketing material - if claiming prior use
Forms and concessions
- Statement of use under Rule 47 (proposed or existing use)
- Power of attorney in Form TM-48 if filing through an agent
- MSME / Udyam certificate to claim the Rs 4,500 concessional fee
- DPIIT recognition certificate where the applicant is a recognised startup
TM vs R
The two trademark symbols
Get the symbols right. The TM symbol works from filing day; the R symbol is only for fully registered marks. Misusing R while your mark is pending is a punishable offence under Section 107.
| Point | TM (filed, not registered) | R (registered) |
|---|---|---|
| When usable | From the day you file the application | Only after the registration certificate is issued |
| What it signals | Claim over an unregistered or pending mark | A registered, fully protected trademark |
| Legal protection | Limited common-law passing-off claim | Full statutory protection under the Trade Marks Act 1999 |
| Right to sue | Passing-off action only - requires proof of reputation | Direct infringement action - no separate reputation proof needed |
| Risk of misuse | Low - permitted on any application or claim | Using R before registration is a punishable offence |
| Marketplace acceptance | Accepted by Amazon Brand Registry, Flipkart and others | Accepted everywhere; preferred for higher tiers |
Government fees
IP India fees, per class
Government fees are charged per class, per application. A mark in two classes costs twice the per-class fee. Individuals, DPIIT startups and MSMEs pay half the company rate.
| Applicant type | Online (per class) | Physical (per class) |
|---|---|---|
| Individual | Rs 4,500 | Rs 5,000 |
| Startup (DPIIT recognised) | Rs 4,500 | Rs 5,000 |
| MSME / Udyam registered | Rs 4,500 | Rs 5,000 |
| Company / LLP / Other entity | Rs 9,000 | Rs 10,000 |
Regikart pricing
Transparent professional fees
The government fee (Rs 4,500 or Rs 9,000 per class) is paid directly to IP India and passed through at actuals. Our professional fee covers search, class selection, filing and examination replies.
Search + filing
Single class, single mark
Rs [insert fee]
- Clearance search on IP India portal
- Class selection advice
- Form TM-A filing (word, device or combined)
- Form TM-48 power of attorney
- Application number within 24 hours
Filing + objection reply
Most popular - end-to-end
Rs [insert fee]
- Everything in Search + filing
- Reply to one examination objection
- Hearing representation (if scheduled)
- Publication tracking
- Priority response within 4 working hours
Brand protection bundle
Multi-class portfolio
Custom
- Trademark search across multiple classes
- Filing across all relevant classes
- Objection and opposition handling
- Copyright filing for logo
- 10-year renewal reminder service
All fees and charges listed are indicative only and do not constitute a binding offer. Final amounts may vary depending on the volume of work and the complexity involved.
Why Regikart
Why brand owners choose us
CA and CS led
Filings are reviewed by qualified Chartered Accountants and Company Secretaries with IP practice experience - not unqualified VAs filling out portal forms.
Search before you file
Every engagement starts with a real clearance search, including phonetic and similarity checks. We tell you if your mark is a risk before you pay the fee.
Concessional fee captured
Where an applicant qualifies as an Individual, DPIIT startup or MSME, we file the right certificate to lock in the Rs 4,500 fee - half the company rate.
Pan-India presence
Offices in Kolkata, Delhi, Gurugram and Pune. We serve brand owners across India, both in person and remotely, with regional language support.
Single point of contact
One dedicated relationship manager owns your file from search to certificate to renewal - no ticket queues, no handoffs.
Transparent pricing
Fixed professional fee disclosed upfront. Government fees are passed through at actuals. No surprise 'expediting' premiums or hidden hearing charges.
Common mistakes
Where DIY trademark filings get stuck
Wrong class
Mis-selecting a class resets your priority date and effectively doubles your cost when you have to refile. Class 35 (advertising / retail) and Class 42 (software) are the most commonly misused.
Similar existing mark
Filing without a clearance search invites an objection or opposition. Our search flags phonetically and visually similar marks across your classes before you spend a rupee.
Weak or descriptive mark
Marks that are generic, descriptive or purely laudatory (e.g. 'Quick', 'Best', 'Tasty') are refused under Section 9. We assess distinctiveness and advise on tweaks before filing.
Missed examination reply
An examination report needs a reply within 30 days. A late or skipped reply abandons the application and forfeits the fee. We calendar every deadline and respond on time.
Using R before registration
Using the R symbol while your mark is only filed (not registered) is a punishable offence under Section 107. Use TM until the certificate is issued.
DIY vs Regikart
Filing it yourself vs with us
| Aspect | DIY filing | With Regikart |
|---|---|---|
| Clearance search | Basic name check; phonetic / similarity misses | Full search on IP India + pending applications |
| Class selection | Common cause of refiles - 35 vs 42 confusion | Mapped by IP practice team before filing |
| Form drafting | Generic Rule 47 statement of use | Tailored statement reducing Section 9 risk |
| Objection reply | Often skipped or late - mark abandoned | Drafted within 30-day window with case law |
| Opposition defence | Usually outsourced reactively | Counter-statement and hearing in-house |
| Renewal tracking | Easy to miss the 10-year deadline | Reminder + renewal filing service |
Legal and compliance framework
The rules behind the certificate
Trade Marks Act 1999 and Rules 2017
A trademark is registered and protected under this Act, administered by the Registrar of Trade Marks under the Controller General of Patents, Designs and Trade Marks. Applications are filed in Form TM-A on the IP India portal.
NICE Classification
Goods and services are grouped into 45 classes under the NICE Classification, with the 13th edition in force from 1 January 2026. A separate fee applies for each class, so accurate class selection controls both cost and protection.
Concessional fee
Individuals, DPIIT-recognised startups and MSMEs pay Rs 4,500 per class for e-filing, against Rs 9,000 per class for companies and other entities. The relevant certificate must be filed to claim the concession.
Validity and renewal
Registration lasts 10 years and is renewable for further 10-year periods through Form TM-R, with restoration possible within a set window on payment of a surcharge if the mark lapses.
Frequently asked questions
Common questions on Form TM-A, NICE classes, the TM vs R symbols and the concessional fee for individuals, startups and MSMEs.
Still have questions?
Book a free 20-minute consult with a senior partner - we'll walk through your case and outline next steps.
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Protect your brand the right way
Free clearance search. Class selection by qualified IP practitioners. Form TM-A filed within 24 hours of go-ahead. We respond within 2 hours on working days (Mon to Sat, 9 am to 7 pm IST).
About Regikart
Regikart, a CA and CS firm with offices in Kolkata, Delhi, Gurugram and Pune, runs the search, files the application and manages objections and renewals - end-to-end, by qualified professionals. One platform. Fixed pricing. Zero paperwork.
Offices
Kolkata, Delhi, Gurugram, Pune
Led by
CA + CS team
Service
Pan-India, online
Response
Within 2 hours