Trademark Registration in India — Process, Cost & Classes

What is a trademark and what does it protect?

A trademark protects a brand identity — a name, logo, tagline, symbol or word used to distinguish your goods or services from everyone else's. In India it is governed by the Trade Marks Act 1999 and administered by the Trade Marks Registry under the CGPDTM.

The CGPDTM is the Controller General of Patents, Designs and Trade Marks — the government office that runs the Trade Marks Registry. A registered trademark gives you the exclusive right to use the mark for the goods or services it covers, and a clear legal basis to act against others who use a confusingly similar mark.

You can register many kinds of brand elements — a word (your business name), a logo or device, a combination of the two, a tagline, and in some cases shapes, colours or sounds. What matters is that the mark is distinctive and capable of telling your goods or services apart from someone else's.

How do you register a trademark in India?

Search availability first, then file online on the IP India portal in the relevant class. The application is examined, published in the Trade Marks Journal, and — if there is no successful opposition — proceeds to registration. Once filed, you get an application number and may use ™.

What are trademark classes?

Trademarks are registered under the NICE classification, which groups goods and services into 45 classes — classes 1 to 34 for goods and 35 to 45 for services. You register in the class or classes that match your business, so protection is tied to those goods or services.

Because protection follows the class, choosing correctly matters. A clothing brand registers in the class for apparel; a software company registers in the class covering software or IT services. If your business spans several activities — say, both a product and a service — you may need to file in more than one class.

• Classes 1-34 cover goods — everything from chemicals and clothing to food and machinery.
• Classes 35-45 cover services — such as advertising, financial services, education, and legal services.
• Multi-class filing is possible where your business genuinely operates across categories; official fees are charged per class.

What is the difference between ™ and ®?

You can use the ™ symbol as soon as you claim a mark or file an application — it signals an unregistered claim. The ® symbol may be used only after the mark is actually registered. Using ® before registration is not permitted.

Think of ™ as "I claim this as my mark" and ® as "this mark is officially registered". Once you file your application and receive an application number, you can put ™ next to your brand to put others on notice. You switch to ® only once the registration certificate is granted.

How much does trademark registration cost in India?

Government fees are set per class and per applicant type. Individuals, startups and small enterprises pay a lower official fee than larger companies. Professional or agent charges are separate. Check the current fee schedule on the IP India portal before filing, as the amounts are revised periodically.

Two things drive the government fee: how many classes you file in, and who is applying. The Trade Marks Rules provide a concessional official fee for individuals, startups and small enterprises, and a higher fee for other applicants such as larger companies. Filing online generally attracts a lower fee than filing physically.

On top of the government fee, if you use a trademark agent or lawyer to prepare and prosecute the application, their professional charges are separate and vary. We are not quoting figures here because official fees change over time — always confirm the live amounts on the IP India portal.

How long is a trademark valid?

A registered trademark in India is valid for 10 years from the date of registration. It can be renewed indefinitely for further 10-year periods by filing a renewal application and paying the renewal fee, so protection can continue for as long as you keep renewing on time.

Unlike a patent, which eventually expires, a trademark can last forever as long as it is renewed and remains in use. Missing a renewal can put your registration at risk, so it is worth tracking the renewal date well in advance. There is generally a window to renew before expiry, and provisions for restoration if a deadline is missed, subject to conditions and additional fees.

What happens if someone objects to your trademark?

Objections come in two stages. The examiner may raise objections in an examination report, which you answer with a written reply. After publication in the Journal, third parties may file an opposition within the opposition window, leading to a hearing before the mark can proceed to registration.

Examination objections come from the Registry itself — for example, that the mark is too descriptive or similar to an existing one. You respond with a written reply making your legal arguments, and may be called for a hearing. A strong, well-drafted reply is often what gets a mark accepted.

Opposition comes from a third party after your mark is published in the Trade Marks Journal. Someone who believes your mark conflicts with theirs can file a notice of opposition within the opposition window. Both sides file evidence and the matter is decided after a hearing before the mark can register.

Trademark registration in India — questions people actually ask

Official sources

For authoritative, up-to-date information — including the current forms, fee schedule and public trademark search — refer to the official IP India website:

• IP India — Office of the CGPDTM (official)

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