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Trade Marks Act, 1999 · Form TM-A on IP India

Trademark registration online Class selection, drafting and TM-A filing for ₹2,499 per class.

A registered trademark gives you the exclusive right to use your brand name or logo for the goods or services it is registered for, and the right to sue for infringement. We choose your classes, draft the goods and services, file Form TM-A on the IP India portal and track the application through examination, advertisement and registration.

Reviewed by Regikart's CA team · Last updated 21 September 2026

Start my trademark filingWhatsApp us (+91 70444 94804)

₹2,499 per class plus GST. IP India fee paid at actuals and shown separately.

At a glance

₹2,499

Our fee, per class per mark

₹4,500 / ₹9,000

Government fee per class (e-filing)

45

Classes (1-34 goods, 35-45 services)

10 years

From application date, renewable

Fixed quote, before you pay

Get your trademark registration quote

Leave your name and number. Our team checks your mark against the register, recommends the classes and sends a fixed written quote, with the IP India government fee shown separately.

  • From ₹2,499, government fees (if any) at actuals
  • Search, class selection, filing on IP India and replies to objections handled by our team
  • 250+ clients served from Kolkata, Delhi and Bengaluru, and remotely across India

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At a glance

Our feeGovernment fee (e-filing)ClassesValidity
₹2,499 per class per mark₹4,500 or ₹9,000 per class45 (1-34 goods, 35-45 services)10 years from application date, renewable

What it is

What is trademark registration?

Trademark registration is the entry of your brand name, logo or other mark in the Register of Trade Marks under the Trade Marks Act, 1999. It is filed with the Registrar of Trade Marks on the IP India portal in Form TM-A.

A registered trademark gives its owner the exclusive right to use the mark for the registered goods or services, and to obtain relief for infringement (section 28). Without registration you can still act against copycats through a passing-off claim, but you must prove your reputation first, which is slower and harder.

Registration is not compulsory to run a business. It matters when the brand is valuable: before a launch, before spending on marketing, before listing on marketplaces, and before an investor or buyer asks who owns the name.

Who can apply

Who can apply for a trademark

Anyone who uses, or proposes to use, a mark for their goods or services can apply (section 18). You do not need to have started selling.

If you plan to form a company soon, you can file in your own name now and assign the mark to the company later. See trademark assignment.

  • Individuals and sole proprietors apply in their own name and pay the lower ₹4,500 fee.
  • Partnership firms apply in the names of the partners.
  • Private limited companies, LLPs and OPCs apply in the entity's name. They pay ₹4,500 if they are a DPIIT-recognised startup or a small enterprise, and ₹9,000 otherwise.
  • Trusts, societies and Section 8 companies apply in the entity's name.
  • Foreign individuals and companies can apply in India, usually with an Indian address for service.

Mark types

What you can register: word, logo or both

Most businesses should start with a word mark. It protects the name itself, in any font, colour or style.

Word mark

Protects: The name or slogan as plain text, in any styling

Best for: Most businesses: the name is what customers remember and search for

Device mark (logo)

Protects: The logo as filed, including its design

Best for: A distinctive logo you will use for years

Combined mark

Protects: The name and logo together, as one image

Best for: Budget filings, but protection is tied to that exact combination

If you change your logo, a combined mark may no longer match what you use. That is why we usually file the word mark first and the logo separately once the design is final. For name-only filings, see wordmark registration; for the logo, see logo registration.

Trademark classes

Choosing your trademark class

Goods and services are grouped into 45 classes under the NICE Classification: classes 1 to 34 are goods and 35 to 45 are services. You pay a separate fee for each class, so choosing the right classes controls both cost and protection.

File in the classes you use now and the ones you will enter soon. A mark registered only in class 25 (clothing) does not stop someone using a similar name for software in class 9.

Common businesses and their classes

Your businessClasses usually filed
Software product or mobile app9 (downloadable software), 42 (SaaS, software development)
IT services, web development agency42, often 35
Online store or retail brand35 (retail and online store services), plus the class of the goods sold
Clothing and fashion25 (clothing, footwear), 35 if you run the store
Cosmetics, skincare, personal care3
Medicines, supplements, ayurvedic products5
Packaged food, snacks, spices29 or 30, depending on the product
Tea, coffee, bakery, sweets30
Non-alcoholic beverages, juices, water32
Restaurant, café, cloud kitchen, catering43
Coaching, education, training, events41
Financial services, insurance, real estate36
Clinics, salons, wellness services44
Travel, logistics, delivery39
Consultancy, marketing, business services35

This table is a starting point. The exact description of goods or services inside each class matters as much as the class number, and we draft it for your business.

Search first

Search before you file

A search before filing is the cheapest protection you can buy. It shows whether an identical or similar mark is already registered or applied for in your classes.

We search the IP India register for identical, phonetically similar and visually similar marks in your target classes and related classes. If we find a conflict, we tell you before you pay the government fee, and suggest changes that improve your chances.

A clean search does not guarantee registration. The examiner can still raise an objection, and someone can still oppose, but the risk is much lower.

The process

The trademark registration process, stage by stage

A trademark goes through six stages after filing. Two of them have fixed statutory windows: one month to reply to an examination report, and four months for anyone to oppose after the mark is advertised.

StageWhat happensTime limit or status
1. FilingWe file Form TM-A online and pay the fee. The portal gives the application number when the filing is completed.You can use ™ from now
2. Formalities checkThe Registry checks the application is complete. Logo marks are also coded under the Vienna Classification of figurative elements.Status moves to "Formalities Chk Pass" or asks for corrections
3. ExaminationThe examiner checks the mark against sections 9 and 11 and issues an examination report.Report issued by the Registry
4. Reply to objectionIf the report raises objections, we file a written reply. If the reply is not accepted, a show-cause hearing is fixed.Reply within one month of receiving the report (Rule 33, Trade Marks Rules, 2017)
5. AdvertisementOnce accepted, the mark is published in the Trade Marks Journal.Anyone may oppose within four months of advertisement (section 21)
6. RegistrationIf there is no opposition, or it is decided in your favour, the mark is registered and the certificate issued.You can use ® from now

If you do not reply to an examination report within one month, the Registrar may treat the application as abandoned. We calendar every deadline and draft the reply for you. For hearings, see trademark hearing.

How long it takes

Filing itself is quick once documents are ready. The full journey to a certificate takes many months, because examination, any objection, and the four-month opposition window all come before registration.

An application that meets an objection or opposition takes longer. You do not need to wait to use your brand: ™ can be used from the filing date, and protection, once granted, runs from the application date.

Examination

Objections: what sections 9 and 11 mean

An objection is the examiner's reason for not accepting the mark as filed. It is common, and a well-argued reply often overcomes it.

Section 9: absolute grounds

These are about the mark itself.

  • The mark is not distinctive, for example a common word for the product ("Fresh Juice" for juice).
  • It describes the kind, quality, purpose, value or origin of the goods ("Best", "Pure", "Delhi").
  • It has become customary in the trade.
  • It is likely to deceive, hurt religious sentiment, or is prohibited by law.

A descriptive mark can still be registered if you show it has acquired distinctiveness through use, with evidence such as sales and advertising records.

Section 11: relative grounds

These are about earlier marks.

The examiner objects if your mark is identical or similar to an earlier mark for identical or similar goods or services and is likely to confuse the public, or if it takes unfair advantage of a well-known mark.

Replies to section 11 objections usually argue differences in the marks, the goods, or the trade channels, and may rely on your own prior use.

After advertisement

Opposition by a third party

After advertisement, any person can file a notice of opposition in Form TM-O within four months. Opposition is different from objection: an objection comes from the Registry, an opposition comes from another business.

If your mark is opposed, you must file a counter-statement, and both sides then file evidence before a hearing. If you do not file the counter-statement in time, the application can be treated as abandoned. See trademark opposition for how we handle both sides.

Form TM-M

Expedited examination

You can ask the Registry to examine your application faster by filing a request in Form TM-M for expedited examination. The government fee is ₹20,000 per class for individuals, startups and small enterprises, and ₹40,000 per class for others, e-filing only.

It suits businesses with a launch, funding round or marketplace deadline. Expedited examination speeds up the Registry's steps; it does not shorten the four-month opposition window.

™ vs ®

Using ™ and ®

Use ™ from the day you file. Use ® only after the mark is registered.

Point™®
When you can use itFrom filing, or even for an unregistered mark you claimOnly after registration, for the registered goods or services
What it tells peopleYou claim the mark as yoursThe mark is on the Register of Trade Marks
Legal protectionPassing-off claim, based on your reputationInfringement action under the Act, plus passing off
RiskNoneUsing ® on an unregistered mark is falsely representing it as registered, an offence under section 107

Documents

Documents required

We send a checklist on day one. The list depends on who the applicant is.

For every application

  • Name, address and nationality of the applicant (or constitution and place of incorporation for an entity)
  • The mark: the word as it should be registered, and a clear JPG of the logo for device or combined marks
  • The goods or services you sell or plan to sell
  • Date of first use in India, if you already use the mark; if you claim use before filing, an affidavit of use with evidence such as invoices, packaging or advertisements
  • A signed authorisation letting us file as your agent

By applicant type

ApplicantIdentity and constitution documents
Individual or sole proprietorPAN and Aadhaar or passport; address proof
Partnership firmPartnership deed; PAN of the firm and partners
Private limited company, OPC or LLPCertificate of incorporation; PAN of the entity
Trust, society or Section 8 companyRegistration certificate or trust deed; PAN

To claim the lower ₹4,500 fee

  • Small enterprise: Udyam registration certificate. See Udyam registration.
  • Startup: DPIIT recognition certificate. See Startup India registration.
  • Individuals do not need a certificate.

If any joint applicant does not qualify for the lower fee, the ₹9,000 fee applies to the whole application.

Fees

Trademark registration fees

You pay two separate amounts: our professional fee of ₹2,499 per class per mark, and the IP India government fee of ₹4,500 or ₹9,000 per class.

Our professional fee

What we doRegikart fee
Class selection, drafting of goods and services, Form TM-A filing and status tracking₹2,499 per class per mark
Search of the register before filingConfirmed in your written quote
Objection reply, hearing, opposition, expedited examination requestOn quote, in writing before we start

IP India government fee

ApplicantE-filing (per class, per mark)Physical filing (per class, per mark)
Individual, DPIIT-recognised startup or small enterprise₹4,500₹5,000
Any other applicant (for example a private limited company that is not a startup or small enterprise, an LLP or a partnership)₹9,000₹10,000

We file online, so the e-filing fee applies. There is no government fee for filing a reply to an examination report or for attending a show-cause hearing.

What it costs: examples

ApplicantClassesOur feeGovernment feeTotal before GST on our fee
Individual founder1₹2,499₹4,500₹6,999
DPIIT-recognised startup2 (9 and 42)₹4,998₹9,000₹13,998
Private limited company, not a startup or small enterprise1₹2,499₹9,000₹11,499

Professional fees exclude GST at 18%. Government fees, where they apply, are paid at actuals to the department and are shown separately. Fees verified on 21 September 2026.

Check your brand before you pay the government fee

Send us your brand name, logo and what you sell. We will suggest the classes, confirm whether you qualify for the ₹4,500 fee and quote for a search of the register.

Check my brand nameWhatsApp us (+91 70444 94804)

Validity

Validity and renewal

A trademark is valid for 10 years from the date of application, not from the date the certificate is issued. It can be renewed every 10 years, without limit.

This follows from two sections of the Act. Section 23(1) says a mark, when registered, is registered as of the date of the application. Section 25(1) says registration lasts ten years and can be renewed. So a mark filed on 21 September 2026 and registered in 2027 is due for renewal on 21 September 2036.

Renewal is filed in Form TM-R. The government fee is ₹9,000 per class on e-filing, with a surcharge if you renew within six months after expiry. See trademark renewal.

IP rights compared

Trademark vs copyright vs patent vs design

Each right protects something different. Many businesses need more than one: a trademark for the brand, copyright for content or software, a design for a product's shape.

PointTrademarkCopyrightPatentDesign
ProtectsBrand names, logos, slogans that identify your goods or servicesOriginal literary, artistic, musical and dramatic works, films, sound recordings, software codeNew inventions with an inventive step and industrial useThe shape, pattern or ornamentation of an article
LawTrade Marks Act, 1999Copyright Act, 1957Patents Act, 1970Designs Act, 2000
Is registration needed?Not to use, but needed for infringement rights under the ActRight arises on creation; registration gives evidence of ownershipYes, a patent must be grantedYes
Term10 years, renewable without limitGenerally the author's life plus 60 years20 years from filing10 years, extendable by 5 years
Government fee (e-filing)₹4,500 or ₹9,000 per class₹500 per literary or artistic work; ₹2,000 for artwork used on goods or services, such as a logoApplication ₹1,600 (individuals, startups, small entities) or ₹8,000 (others), before examination fees₹1,000 (individuals, startups, small entities) or ₹4,000 (others) per design per class

A logo can be protected both as a trademark and as an artistic work under copyright.

Common mistakes

Common mistakes that cost applicants their mark

These are the problems we fix most often, and each can cost the government fee or the mark itself.

  1. 1. Filing without a search.

    A clash found after filing leads to an objection or opposition, and the fee is not refunded.

  2. 2. Choosing a descriptive name.

    "Best Spices" or "Quick Delivery" invite a section 9 objection. A coined or unusual word is easier to register and to protect.

  3. 3. Wrong or too few classes.

    Filing only in class 35 when you sell your own products leaves the goods unprotected. Read the class table above, then check with us.

  4. 4. Missing the one-month reply window.

    An unanswered examination report can lead to abandonment. Watch the email linked to your application, or let us track it.

  5. 5. Paying the wrong fee.

    A company that is a startup or small enterprise but files without its certificate pays ₹9,000 instead of ₹4,500 per class. A company that claims the lower fee without proof risks a defect.

  6. 6. Using ® too early.

    Using ® before registration is an offence under section 107. Use ™ until the certificate is issued.

  7. 7. Filing a combined mark, then changing the logo.

    Protection is tied to the exact combination filed. File the word mark separately.

Why Regikart

Why brand owners use Regikart

Regikart Private Limited serves 250+ clients. Trademark filings are prepared by our IP team and reviewed by Regikart's CA team before they reach the IP India portal.

Search before fee. You know the risk before paying the government fee.

One fixed fee per class. ₹2,499 per class per mark, with the government fee shown separately and any later work quoted in writing first.

The lower fee claimed where you qualify. We check your Udyam or DPIIT status and file the proof.

Brand and business under one roof. Company or LLP registration, Startup India recognition, GST and trademarks handled by one team, so the brand owner and the business owner match.

Offices in Kolkata (Head Office), Delhi and Bengaluru, with applicants across India served online. Call or WhatsApp +91 70444 94804, or email [email protected].

Related

Trademark renewal

Form TM-R every 10 years, counted from the application date.

Trademark opposition

Counter-statement, evidence and hearing, on either side.

Trademark assignment

Move a mark from a founder to the company and record it.

Trademark infringement

Act against copycats once your mark is registered.

Company registration

Form the company that will own and use the brand.

Trademark registration FAQ

Frequently asked questions

Fees, classes, timelines, objections and validity, answered.

How much does trademark registration cost in India?

You pay our professional fee of ₹2,499 per class per mark plus GST, and the IP India government fee. The government fee on e-filing is ₹4,500 per class for individuals, DPIIT-recognised startups and small enterprises, and ₹9,000 per class for other applicants. An individual filing in one class pays ₹6,999 in total before GST on our fee.

Who qualifies for the ₹4,500 trademark fee?

Individuals, startups recognised by DPIIT and small enterprises qualify for ₹4,500 per class on e-filing. A startup files its DPIIT recognition certificate and a small enterprise files proof such as its Udyam certificate. If any joint applicant falls outside these categories, the ₹9,000 fee applies. A private limited company that is neither a startup nor a small enterprise pays ₹9,000.

Trademark registration mein kitna time lagta hai?

Filing takes little time once documents are ready, and you can use the ™ symbol from the filing date. Reaching the registration certificate takes many months, because the application goes through examination, any objection reply, advertisement in the Trade Marks Journal and a four-month opposition window. Objections or oppositions add more time.

How long is a registered trademark valid?

A trademark is valid for 10 years from the date of application, because section 23(1) of the Trade Marks Act registers the mark as of the application date and section 25(1) gives a ten-year term. It can be renewed every 10 years without limit by filing Form TM-R. The e-filing renewal fee is ₹9,000 per class.

How many trademark classes are there and how do I choose?

There are 45 classes under the NICE Classification: classes 1 to 34 cover goods and 35 to 45 cover services. Choose the classes for what you sell now and plan to sell soon. For example, a SaaS business usually files in classes 9 and 42, a clothing brand in 25, and a restaurant in 43. Each class needs its own fee.

When can I use the TM and R symbols?

You can use ™ from the day you file the application, or for any mark you claim as yours. You can use ® only after the mark is registered, and only for the registered goods or services. Using ® on a mark that is not registered is falsely representing it as registered, which is an offence under section 107 of the Trade Marks Act.

What is a trademark objection and how long do I have to reply?

An objection is raised in the examination report when the examiner finds a problem under section 9, such as a descriptive mark, or section 11, such as a similar earlier mark. You must reply within one month of receiving the report under Rule 33 of the Trade Marks Rules, 2017, or the application may be treated as abandoned. There is no government fee for the reply.

What is the difference between a trademark objection and opposition?

An objection comes from the Trade Marks Registry during examination, before the mark is advertised. An opposition comes from a third party, who files Form TM-O within four months of the mark being advertised in the Trade Marks Journal. An objection is answered with a reply and possibly a hearing; an opposition needs a counter-statement, evidence and a hearing.

Can an individual register a trademark without a company?

Yes. An individual or sole proprietor can apply in their own name, without any registered business, and pays the lower ₹4,500 government fee per class. You can apply for a mark you propose to use, not only one already in use. If you form a company later, the trademark can be assigned to it and the assignment recorded with the Registry.

Should I register a word mark or a logo?

Start with the word mark in most cases. It protects the name in any font, colour or style, which is how customers search and remember you. A logo filing protects the design as filed, and a combined mark protects only that exact combination. If the logo matters, file it separately once the design is final.

What documents are needed for trademark registration?

You need the applicant's name, address and identity or incorporation documents, the mark itself (a clear image for a logo), the list of goods or services, the date of first use if the mark is already used, and a signed authorisation for us to file as your agent. Startups and small enterprises add their DPIIT or Udyam certificate to claim the ₹4,500 fee.

Can I speed up trademark registration?

Yes. You can request expedited examination in Form TM-M. The government fee is ₹20,000 per class for individuals, startups and small enterprises, and ₹40,000 per class for others, on e-filing only. It speeds up the Registry's processing, but the four-month opposition window after advertisement still applies in full.

Is trademark registration mandatory in India?

No. You can use a brand without registering it and rely on a passing-off claim if someone copies it. Registration gives you the exclusive statutory right to use the mark for the registered goods or services and a direct infringement action under section 28, which is far easier to enforce. Marketplaces and investors also commonly ask for it.

What is the difference between a trademark and copyright?

A trademark protects a brand name, logo or slogan that identifies your goods or services, for 10 years at a time, renewable. Copyright protects original creative works such as text, artwork, music, films and software code, and generally lasts for the author's life plus 60 years. A logo can be protected by both: as a trademark and as an artistic work.

Talk to Regikart

Start your trademark application

Send us your brand name, logo if you have one, and a line about what you sell. We will recommend the classes, quote for a search and confirm the total cost before we file.

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Contact

+91 70444 94804 · [email protected] · Kolkata (Head Office) · Delhi · Bengaluru

Our fee

₹2,499 per class per mark

Government fee

₹4,500 or ₹9,000 per class

Reviewed by

Regikart's CA team

Offices

Kolkata, Delhi, Bengaluru

Trademark registration in your city

Which Trade Marks Registry office covers your city, and how we file for local businesses.

  • Kolkata
  • Delhi
  • Bengaluru
  • Mumbai
  • Hyderabad
  • Pune
  • Ahmedabad
  • Gurugram
  • Noida

From the blog

Trademark Classes in India: Which Class Is Right for Your BusinessTM vs ® Symbol: When You Can Use Each on Your Brand in IndiaHow to Check Trademark Availability in India Before You File

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Tell us what you need. A Chartered Accountant or Company Secretary calls you back with the fee, the documents and the timeline, usually within 30 minutes during office hours.

  • Fixed professional fee, confirmed before work starts
  • Offices in Kolkata, Delhi and Bengaluru; clients across India
  • 250+ clients, 10+ years of practice
Talk to our teamMon to Sat, 9:30 AM to 7 PM

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RegikartRegikart

Regikart provides business registration, tax and compliance services for Indian founders, from incorporation to closure. Our team includes chartered accountants and company secretaries, and legal work is handled by advocates we work with.

+91 70444 94804[email protected]

Mon - Sat · 9:30 AM - 7:00 PM IST

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Registered offices

Kolkata
129A, Bangur Avenue, near Reliance Smart, Block A, Lake Town, Kolkata, West Bengal 700055

Delhi
04, Malook Singh Marg, Arjun Nagar, Krishan Nagar Metro Gate-1, Delhi 110051

Bengaluru
26, Krishnalaya Complex, 4th Cross, N.R. Road, Near S.J. Park Police Station, Bengaluru, Karnataka 560002

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🇮🇳Made for founders across India