What is a trademark?
A trademark is a name, logo, tagline or other sign that tells customers a product or service comes from you. Registration under the Trade Marks Act, 1999 gives you the exclusive right to use it for the goods or services it is registered for, and a stronger position if someone copies it.
You can use the ™ symbol once your application is filed. The ® symbol can be used only after the mark is registered.
Registering a company does not protect your brand. A company name approved by the MCA, a GST trade name or a domain name does not give you trademark rights. Someone else can apply for the same brand as a trademark unless you do it first.
Why register your trademark?
Exclusive right
The right to use the mark for your registered goods or services anywhere in India.
Stronger protection
A registered owner can take action for infringement, without first having to prove reputation in the market.
Priority from filing
Once registered, your rights count from the application date, so filing early matters.
A business asset
A trademark can be sold, assigned or licensed, and adds value when you raise money or sell the business.
Customer trust
Marketplaces, franchise partners and larger customers often ask for it.
Long life
Registration lasts 10 years and can be renewed again and again.
What can you register as a trademark?
A name or logo must be able to distinguish your business from others. These are the usual cases:
- Brand or business name: a word mark protects the name itself, in any style of writing. This is usually the first one to file.
- Logo: protects the design as it appears. File it separately if the logo matters to your brand.
- Tagline: if it is distinctive and not just a description or a common phrase.
- Hard to register: plain descriptions of the product (such as “Best Tax Services”), common surnames, names of places, or anything similar to an earlier mark in a related class.
Trademark government fee
| Applicant | Online filing fee, per class |
|---|---|
| Individual, or sole proprietor | ₹4,500 |
| Startup recognised by DPIIT | ₹4,500 |
| Small enterprise with a Udyam certificate | ₹4,500 |
| Any other company, LLP or firm | ₹9,000 |
The fee is per class, so a brand that sells in two classes pays twice. A company or LLP can pay the lower fee if it holds a valid Udyam certificate as a small enterprise or is recognised as a startup. If you do not have Udyam yet, get it first: it is free and can halve this fee. See our proprietorship page for how Udyam works.
Documents required
About the applicant
- Name and address of the owner, company or LLP
- Certificate of Incorporation, for a company or LLP
- Udyam certificate or DPIIT recognition, to claim the lower fee
- Power of attorney in favour of the advocate (we prepare it)
About the brand
- The brand name, exactly as you use it
- Logo in JPG format, if you are filing a logo
- What you sell, so that the class can be selected
- Date of first use, with invoices or adverts if you claim earlier use
Trademark registration process
Search Day 1–2
We check the trademark register for identical and similar marks and tell you the risk before you spend on filing.
Class selection Day 2
We match what you sell to the correct classes out of 45. The wrong class can leave your brand unprotected.
Filing on Form TM-A Day 2–4
The advocate files your application online. You get an application number and can start using ™.
Examination Some months
The Registry examines the application and either accepts it or issues an examination report with objections.
Reply and hearing Within 1 month of the report
If there is an objection, a written reply is filed. The Registry may then call a hearing.
Publication in the Journal 4 months
The accepted mark is published in the Trade Marks Journal, and anyone may oppose it within four months.
Registration After the opposition period
If nobody opposes, or the opposition fails, the mark is registered and you can use ®.
Trademark objection and opposition
An objection does not mean your application has failed. Many applications receive one. What matters is replying properly and on time:
- Objection under Section 9: the Registry feels the mark is descriptive, common or not distinctive. The reply explains why it is distinctive, often with proof of use.
- Objection under Section 11: the Registry has found an earlier similar mark. The reply shows how the marks and the businesses differ.
- Time limit: a reply is generally due within one month of receiving the examination report. If no reply is filed, the application can be treated as abandoned.
- Opposition: a third party may oppose your mark within four months of publication. A counter-statement must be filed within two months of receiving the notice of opposition, or the application can be treated as abandoned.
Who files your application. Under the Trade Marks Act, only an advocate or a registered trade marks agent can act for you before the Registry. Your filing is prepared and signed by a registered advocate, and our team coordinates your documents and follow-up.
Trademark plans
Basic
Search and file your brand.
+ govt. fee per class
Choose Basic- Trademark search
- Class selection
- Form TM-A filing in one class
- Power of attorney drafted
Standard
Covers the most common hurdle.
+ govt. fee per class
Choose Standard- Everything in Basic, plus:
- Reply to one examination report
- Application status tracking
Premium
Followed through to the certificate.
+ govt. fee per class
Choose Premium- Everything in Standard, plus:
- Representation at one hearing
- Follow-up until the registration certificate
Prices are professional fees for one mark in one class, exclusive of GST. Each extra class is charged separately. Opposition matters depend on the facts and are quoted separately in writing. No one can guarantee that the Registry will accept a mark.
Company name vs Trademark
| Feature | Company name (MCA) | Registered trademark |
|---|---|---|
| What it does | Identifies the legal entity | Protects the brand in the market |
| Law | Companies Act, 2013 | Trade Marks Act, 1999 |
| Stops a similar brand | No | Yes, for the registered goods or services |
| Covers | Only the company's name | Name, logo or tagline |
| Duration | As long as the company exists | 10 years, renewable |
Registering a new company? Run a trademark search before you finalise the name. It is cheaper to change a name now than after you have built a brand on it. See Private Limited Company registration.
Trademark — common questions
How long does trademark registration take?
If there is no objection or opposition, it usually takes about 12 to 18 months. It takes longer if the Registry raises an objection or someone opposes the mark. You can use ™ from the day the application is filed.
How much does it cost to register a trademark?
The government fee is ₹4,500 per class for individuals, DPIIT-recognised startups and small enterprises, and ₹9,000 per class for others. Our professional fee is shown in the plans above, and you get a written quote before paying.
Can I use my brand name before it is registered?
Yes. You can use it from the day you start, and ™ once you have applied. Use ® only after registration, because using it earlier is against the law.
Should I file my name or my logo first?
Usually the name, because a word mark protects it in any style. If the logo is a key part of your brand, file it separately as well.
What is a trademark class?
Goods and services are divided into 45 classes: 1 to 34 for goods and 35 to 45 for services. Your protection applies to the classes you file in, so choosing correctly matters.
What if someone else already uses a similar name?
The search shows this before you file. Depending on how similar the marks and the businesses are, we may advise filing, changing the mark, or claiming earlier use if you were first.