In this article
Why register a trademark?
Your brand name and logo are your most valuable identifiers — customers find you, trust you, and recommend you based on them. Without trademark registration:
- Anyone can use a similar name/logo legally
- You can't sue for infringement
- You can't list on Amazon Brand Registry (requires registered TM)
- You can't enforce IP protection at customs
- Your brand can't be valued as an asset (for fundraising, sale)
Registration takes 12-18 months and costs ₹4,500-10,000 per class — but the protection lasts indefinitely (renewable every 10 years).
What can be trademarked?
Any distinctive sign that identifies the source of goods or services:
- Word marks — brand names ('Zomato', 'Flipkart')
- Logo marks — graphical logos
- Combined marks — word + logo together
- Slogans/taglines ('Just Do It')
- Sound marks — jingles (rare in India)
- Colour marks — distinctive colour schemes
- Shape marks — 3D shapes (Coca-Cola bottle)
Cannot be trademarked: Generic terms ('Restaurant', 'Coffee'), descriptive marks ('Quick Delivery'), deceptive marks, marks similar to existing registrations, geographic indicators.
Trademark classes — 45 classes explained
India uses the Nice Classification with 45 classes:
- Classes 1-34: Goods — Class 25 (clothing), Class 30 (food & beverages), Class 9 (electronics & software), Class 5 (pharmaceuticals)
- Classes 35-45: Services — Class 35 (advertising & business), Class 41 (education & entertainment), Class 42 (IT services), Class 43 (food & beverage services)
Registration is per class. A clothing brand needs Class 25. A SaaS company needs Class 42 (services) + Class 9 (software). An e-commerce platform needs Class 35 (services) + relevant goods classes.
Fee per class: ₹4,500 (Individual / Startup / MSME) or ₹9,000 (Company / LLP).
Step-by-step registration process
Step 1: Trademark Search (1-2 days)
Search the IP India database (ipindia.gov.in) to check if your mark or similar is already registered in your class. Avoid filing if a strong similar mark exists — you'll face objection or opposition.
Step 2: Class identification (1-2 days)
Identify all classes that apply to your business. Tip: file in your current class + plan for 1-2 future classes if budget allows.
Step 3: TM-A filing (1 day)
File Form TM-A online with mark, applicant details, class, goods/services list, date of first use (if used earlier). Pay fee.
Step 4: Examination (3-6 months)
Trademark examiner reviews and issues one of: Acceptance (proceed to publication), Conditional acceptance, Objection (need to respond), or Refusal (rare). For objection, file a written response or seek hearing.
Step 5: Journal publication (1-2 months)
If accepted, mark is published in the Trademark Journal. 4-month opposition window opens for third parties to file Form TM-O.
Step 6: Opposition period (4 months)
If opposition is filed, you file a counterstatement (TM-O) within 2 months. Then evidence stages and hearing. Typical opposition takes 12-18 months to resolve.
Step 7: Registration (1-2 months after opposition window closes)
If no opposition (or opposition dismissed), Registration Certificate is issued. Mark is registered for 10 years from filing date. ® symbol can be used.
Cost breakdown
Total cost per class for Individual / Startup / MSME:
- Professional fee — ₹5,000-7,000
- Government fee — ₹4,500
- Total: ₹9,500-11,500 per class
For Company / LLP / Partnership:
- Professional fee — ₹5,000-7,000
- Government fee — ₹9,000
- Total: ₹14,000-16,000 per class
Additional costs that may apply:
- Trademark search — ₹500-1,000
- Objection reply — ₹5,000-10,000
- Opposition response — ₹10,000-25,000
- Renewal every 10 years — ₹9,000/class govt + professional fee
Common mistakes founders make
- Skipping the search — Filing without checking leads to refusal and lost ₹4,500-9,000 fee.
- Wrong class — Filing in Class 35 (services) for a product company protects the wrong activity. Always identify the actual goods/services.
- Delaying registration — Someone else can register your name. First to file wins. Don't wait until you 'scale'.
- Filing only word, not logo — If you've invested in design, file separately for logo (visual elements) + word mark.
- Ignoring international protection — Indian TM protects only India. For overseas markets, file via Madrid Protocol (single application, multiple countries) or file in each country.