Trademark Registration Online in India: Process, Procedure & Benefits for Brands

Updated Guide for Startups, Businesses & Digital Creators

A trademark is much more than just a logo or a name. It is the identity of your brand — the element that helps customers instantly recognise your product or service and trust its origin. In India, trademarks are protected as intellectual property under the Trade Marks Act, 1999, giving brand owners exclusive legal rights over their marks.

This guide explains everything you need to know about online trademark registration in India, including eligibility, step-by-step procedure, timelines, fees, and long-term benefits.

What Is a Trademark?

A trademark is a distinctive sign used to identify and distinguish goods or services of one business from others. It can take many forms, such as:

• Brand names

• Logos and symbols

• Words or phrases

• Letters or numerals

• Colours or combinations of colours

• Sounds or even shapes

Once registered, a trademark becomes a legally protected intellectual asset, safeguarding your brand against misuse and imitation.

Why Trademark Registration Is Important

Registering your trademark gives you exclusive ownership and legal protection. It prevents others from using identical or deceptively similar marks and protects your brand’s reputation in the market.

Unlike patents, trademarks can be renewed indefinitely every 10 years, allowing lifetime brand protection as long as renewals are maintained.

Well-known examples include the Nike swoosh or Puma’s leaping cat, which instantly communicate brand value without words.

What Can Be Trademarked in India?

You can apply for trademark registration for one or more of the following:

• Words or brand names

• Logos and graphics

• Letters and numbers

• Phrases or taglines

• Colour combinations

• Sound marks

• Shapes or packaging

Single or multiple elements can be protected together under one trademark application.

Trademark Registry in India

The Office of the Controller General of Patents, Designs and Trade Marks administers trademark registration in India.

• Head Office: Mumbai

• Branch Offices: Delhi, Chennai, Kolkata, Ahmedabad

Every trademark application is examined to ensure compliance with the Trade Marks Act, 1999 before being entered into the official Trademark Register.

Who Can Apply for Trademark Registration?

Any legal entity can apply, including:

• Individuals

• Startups

• Sole proprietors

• Partnership firms

• LLPs

• Companies

The applicant mentioned in the application becomes the legal owner of the trademark upon successful registration.

Step-by-Step Trademark Registration Process in India

Step 1: Choose a Unique Trademark

Select a distinctive and original mark that represents your brand. Avoid generic or commonly used terms. Also, identify the correct trademark class — India follows 45 classes (1–34 for goods, 35–45 for services).

Step 2: Trademark Search

Before applying, conduct a trademark search to ensure your mark does not conflict with existing or pending trademarks. This reduces the risk of objections or opposition.

A professional search helps identify hidden risks and saves time and cost in the long run.

Step 3: Filing the Trademark Application (Form TM-A)

The application is filed online through the IP India portal using Form TM-A. A single application can cover:

• One class or multiple classes

• Series trademarks

• Collective or certification marks

Once filed, you receive an acknowledgement number, allowing you to use the ™ symbol immediately.

Step 4: Government Fees

The official fee depends on the applicant category:

• Individuals / Startups / Small Enterprises: Lower government fee

• Companies / Large Entities: Higher government fee

Professional filing ensures accuracy and avoids rejection due to technical errors.

Step 5: Examination by Trademark Office

The Registrar examines the application to check:

• Legal compliance

• Distinctiveness

• Similarity with existing trademarks

An examination report is issued, which may include objections that must be replied to within the prescribed time.

Step 6: Publication in Trademark Journal

If accepted, the trademark is published in the Indian Trademark Journal.

• Opposition period: 4 months

• If no opposition is filed, the trademark proceeds to registration

Step 7: Trademark Opposition (If Any)

If a third party opposes the mark:

• A counter-statement must be filed within 2 months

• Evidence is submitted by both parties

• A hearing may be conducted before the Registrar

Based on merits, the application is either accepted or refused.

Step 8: Trademark Registration Certificate

If no opposition arises — or opposition is successfully resolved — the Registrar issues the Trademark Registration Certificate.

You can now legally use the ® symbol next to your brand name.

Trademark Application Status & Timeline

• Status can be tracked online using the application number

• Average registration timeline: 18–24 months

• TM symbol can be used during the pendency period

Applications are processed based on filing priority.

Validity and Renewal of Trademark

• Validity: 10 years from filing date

• Renewable every 10 years indefinitely

• Restoration is possible if renewal is missed (within prescribed time)

⚠️ Trademark registration is territorial — protection applies only within India unless registered internationally.

Trademark Registration Fees (Indicative)

Applicant Category	e-Filing (per Class)	Physical Filing (per Class)
Individuals	Rs. 4500	Rs. 5000
Start-ups & MSME	Rs. 4500	Rs. 5000
LLPs, Private Ltd., Public Ltd. & Other Entities	Rs. 9000	Rs. 10,000

• Individuals / Startups: Lower fee bracket

• Companies / Corporates: Higher fee bracket

Professional fees may vary based on complexity, objections, and representation requirements.

Key Things You Should Know About Trademarks

Types of Trademarks

• Word marks

• Logos and symbols

• Shape marks

• Sound marks

• Colour marks

• Collective and certification marks

Trademark as an Intangible Asset

A registered trademark becomes a valuable business asset that can be:

• Sold

• Licensed

• Assigned

• Franchised

Trademark Symbols Explained

• ™ (Trademark) – Application filed, registration pending

• ® (Registered Trademark) – Trademark successfully registered

• © (Copyright) – Protects creative works such as content, artwork, software

Benefits of Trademark Registration in India

1. Legal Protection

Gives exclusive rights and legal remedies against infringement.

2. Brand Differentiation

Helps customers distinguish your products from competitors.

3. Brand Recognition & Trust

Builds credibility, goodwill, and customer loyalty over time.

4. Business Asset Creation

Recognised as an intangible asset with monetary value.

5. Business Expansion

Acts as a foundation for international trademark registration.

6. Increased Business Valuation

Enhances goodwill, investor confidence, and market position.

Final Thoughts

Trademark registration is a strategic investment, not just a legal formality. It protects your brand identity, strengthens market presence, and supports long-term growth.

Registering your trademark early ensures peace of mind and secures the value you’ve worked hard to build.