Trademark Registration
Protect your brand name and logo before someone else files it — searched, classified and drafted by IP lawyers, with ™ usable from the day we file.
Starts at ₹1,000 + govt. fee (₹4,500 individuals & small enterprises / ₹9,000 others, per class)
What is trademark registration?
Trademark registration protects your brand name, logo or tagline under the Trade Marks Act, 1999, giving you the exclusive nationwide right to use it for your goods or services — and the legal power to stop copycats. Filing costs ₹1,000 in professional fees on FilingBase plus the government fee (₹4,500 per class for individuals, startups and small enterprises; ₹9,000 for other companies), and the application is filed within 2–3 days of your go-ahead.
Here is what most founders learn too late: registering a company or buying a domain gives you no trademark rights. India follows first-to-file for most practical purposes — if a competitor registers “your” name first, you may end up rebranding a business you spent years building. Filing early is cheap; disputes are not.
From the day TM-A is filed you can mark your brand ™ and your application date becomes your priority date. The Registry then examines the mark, publishes it in the Trade Marks Journal, and — if no one successfully opposes — issues the registration certificate, letting you use ®. FilingBase handles search, classification, drafting and filing, and stays attached to the application through examination.
Why register — and register early
Registration gives statutory protection across India — infringement suits, not just passing-off claims, become available.
Your date beats later filers. In a first-to-file world, the day you file is the asset.
Registered marks can be licensed, franchised, assigned and put on the balance sheet — brands become bankable.
Amazon Brand Registry and platform takedowns work dramatically better with a registered (or filed) trademark.
The ® in your footer and on the Register makes most imitators pick an easier target — enforcement you never have to pay for.
Registration lasts 10 years and renews indefinitely — the only IP right with no expiry ceiling.
Documents required
For the applicant
- Applicant details — individual, company or LLP
- Udyam / DPIIT certificate (for the reduced ₹4,500 govt fee)
- Power of attorney (TM-48 — we prepare it)
- ID proof of signatory
For the mark
- Wordmark text, or logo in high-resolution (JPEG/PNG)
- Goods/services description (we map it to the right class)
- Date of first use in India, if already in use
- User affidavit with evidence, if claiming prior use
Not sure which package fits?
A specialist will map your situation to the right plan in one call.
From search to ® — the honest timeline
- Search & risk opinionDay 1
We search the Register and marketplace for identical and deceptively similar marks in your classes, and give you a written go/no-go opinion.
- Classification & draftingDay 1–2
Your goods/services mapped to the correct Nice classes (there are 45 — filing in the wrong one buys no protection), TM-A and TM-48 drafted.
- TM-A filed — start using ™Day 2–3
Application filed with the Registry; you get the application number the same day and may mark ™ immediately.
- ExaminationMonth 3–12
The Registry examines in roughly 3–12 months. If an examination report raises objections, a reply is due within 30 days — see our objection-reply service.
- Journal publication & opposition window+4 months
Accepted marks are published in the Trade Marks Journal; third parties get 4 months to oppose. No opposition (the vast majority) → registration.
- Registration certificate — use ®Month 8–18
Certificate issued; protection runs 10 years from your filing date and renews indefinitely.
Transparent pricing
File
₹1,000
+ govt fee per class · wordmark or logo, one class
- Registry & common-law search
- Written availability opinion
- Nice classification by IP lawyer
- TM-A drafting and filing
- TM-48 power of attorney
- Application number in 2–3 days
- Examination objection reply
- Opposition defence
File + Protect
₹1,999
+ govt fee per class · through examination
- Everything in File
- Examination report (objection) reply included
- Hearing representation, if listed
- Status monitoring till registration
- Journal publication watch
- Third-party opposition defence
Brand Shield
₹5,999
+ govt fees · multi-class strategy & watch
- Everything in File + Protect
- Up to 3 classes strategy & filing
- Similar-mark watch for 12 months
- One cease & desist letter included
- Amazon Brand Registry assistance
- Renewal calendar for the portfolio
All prices are professional fees exclusive of GST at 18%. Government fees and stamp duty are charged at actuals and shown before you pay.
™ vs ® — and what registration actually covers
| Unregistered (™) | Registered (®) | |
|---|---|---|
| Legal basis | Common-law passing off only | Statutory rights under the Trade Marks Act |
| Geographic scope | Where you can prove reputation | All of India |
| Burden in disputes | You prove goodwill, misrepresentation, damage | Registration certificate is prima facie evidence |
| Infringement suit | Not available | Available — injunctions & damages |
| Marketplace takedowns | Slow, discretionary | Fast-tracked with certificate |
| Licensing & franchising | Legally fragile | Clean — recordable with the Registry |
Use ™ from the day of filing; ® only after the certificate — using ® before registration is an offence under Section 107.
Choosing a mark that survives examination
Roughly speaking, the Registry tests two things: is your mark distinctive (Section 9), and does it conflict with an earlier mark (Section 11). You control both at the naming stage. Invented words (“Zomato”, “Paytm”) sail through; arbitrary words used out of context (“Apple” for electronics) do well; suggestive names are usually fine. Descriptive names — “Best Quality Rice”, “Delhi Tax Consultants” — draw Section 9 objections almost automatically, and generic terms are unregistrable. If your shortlist has an invented or arbitrary option, pick it: the difference shows up as a 6-month objection cycle you never enter.
The search before filing is not a formality. A proper search covers identical marks, phonetic equivalents (KWIK/QUICK), visually similar logos, and marks in related classes — because Section 11 objections cite “deceptively similar” marks, not just exact matches. Our written opinion tells you the realistic risk before you spend the government fee.
Classes are the other silent killer. Protection exists only in the classes you file. A clothing brand filing only in Class 25 (apparel) has no claim against someone using the same name for an online store (Class 35) — the standard e-commerce pairing is both. We map where your revenue actually comes from, plus where it will come from in three years, and file accordingly; each class multiplies the government fee, so this is a judgment call, not a checkbox.
If an examination report does arrive, treat the 30-day reply window seriously — a well-argued reply with evidence of use resolves the majority of objections without a hearing. That work is our objection-reply service, included in File + Protect.
Owning a trademark is a practice, not an event
After the certificate: renew every 10 years (TM-R — we calendar it), actually use the mark (five years of non-use makes it vulnerable to cancellation), and watch the Journal — opposing a confusingly similar newcomer during their 4-month window (opposition) is far cheaper than suing them after they’ve built a business. Creative works and software have their own track under copyright, and inventions under provisional patents.
Frequently asked questions
How much does trademark registration cost in India?
Two components: the government fee — ₹4,500 per class per mark for individuals, sole proprietors, startups and Udyam-registered small enterprises, ₹9,000 for other companies — and professional fees, which start at ₹1,000 on FilingBase including search, classification and drafting. A typical single-class startup filing is ₹5,500 all-in.
How long does trademark registration take?
Filing takes 2–3 days, and that filing date is what protects you. Full registration typically takes 8–18 months: examination in 3–12 months, then journal publication with a 4-month opposition window. Objections or oppositions extend it. You operate under ™ the whole time.
Can I use ™ immediately? When can I use ®?
™ can be used as soon as your TM-A is filed (or even on an unregistered mark you claim). ® is strictly for registered marks — using it before the certificate is an offence under Section 107 of the Trade Marks Act.
Should I register the wordmark or the logo?
If budget allows one filing: the wordmark — it protects the name in any font, style or colour. The logo protects the visual identity, which matters when the design itself is distinctive. Brands that can, file both; brands that must choose, choose the word. We advise per case, honestly.
What is a trademark class and how many do I need?
The Nice system splits all goods and services into 45 classes; your protection exists only where you file. Most businesses need 1–2 classes (product class + Class 35 for retail/e-commerce is the common pairing). Each class adds a government fee, so we recommend the minimum set that covers your real and near-future revenue.
What happens if my application gets objected?
An examination report under Sections 9/11 is common, not fatal — a reasoned reply within 30 days, with evidence of use, resolves most. If it proceeds to a hearing, an attorney appears. Our File + Protect plan includes both; if you filed elsewhere, our objection-reply service can take over mid-way.
Someone is already using a similar name but hasn’t registered. Can I file?
Possibly — India recognises prior-use rights, so a well-known prior user could oppose or even cancel your registration later. This is exactly what the pre-filing search and risk opinion is for: we assess how exposed the name is before you invest in it.
Does an Indian trademark protect me abroad?
No — trademark rights are territorial. For exports or global apps, file in target countries directly or via the Madrid Protocol using your Indian application as the base. Our Global Desk handles overseas strategy.
My company name is registered with MCA. Isn’t that enough?
No. Company incorporation only stops MCA from registering an identical company name — it gives zero rights over brand use in the market. Trademark and company registration protect different things; serious brands need both.
Founders also file these.
Official references
The statutory sources behind this page. We keep our guidance aligned to them — verify anything time-sensitive directly.
- Intellectual Property IndiaTrade marks, patents and designs registers
- Ministry of Corporate AffairsCompanies Act filings, forms and fee schedules
Content on this page is reviewed by a chartered accountant or advocate at LexVerge LLP. It is general guidance, not advice on your specific facts.