Trademark Registration Process in India (2026 Updated Guide)

Registering a trademark in India is no longer optional if you are serious about building a brand. Whether you are a startup founder, a D2C seller, a professional, or a growing business, trademark registration protects your brand identity and gives you legal ownership over your name or logo.

This guide explains the trademark registration process in India, updated for 2026, in a simple and practical manner.

What Is a Trademark?

A trademark is a distinctive sign that identifies your brand. It can be:

A word or brand name
A logo or symbol
A tagline
A combination of words and design
Even sounds or colours (in specific cases)

Once registered, a trademark gives you exclusive rights to use the mark for the goods or services it is registered under.

Why Trademark Registration Is Important

Trademark registration helps you:

Protect your brand from imitation
Take legal action against misuse
Build trust with customers
Create a valuable business asset
License or sell your brand in the future

Without registration, your rights are limited and difficult to enforce.

Who Can Apply for Trademark Registration?

Any of the following can apply:

Individual or sole proprietor
Startup or MSME
Partnership firm
Private limited or LLP
Trust or society
Foreign entity doing business in India

You do not need a registered company to apply for a trademark. Trademark can be acquired in a personal capacity!

Step-by-Step Trademark Registration Process in India

Step 1: Trademark Search

Before filing an application, it is important to check whether a similar or identical trademark already exists.

A trademark search helps you:

Avoid rejection
Reduce objections and opposition
Choose a stronger brand name

The search should include:

Exact matches
Phonetically similar names
Visually similar marks

Step 2: Identify the Correct Trademark Class

India follows the Nice Classification, which has 45 classes:

Classes 1–34: Goods
Classes 35–45: Services

Choosing the correct class is critical. Filing under the wrong class can make your trademark useless for protection.

Step 3: Prepare the Trademark Application

The trademark application includes:

Applicant details
Trademark name or logo
Trademark class
Description of goods/services
Date of first use (if applicable)

If you are using a logo, it must be uploaded in the prescribed format.

Step 4: File Trademark Application (Form TM-A)

The application is filed online with the Trademark Registry.

Once filed:

You receive an application number
You can start using the ™ symbol

At this stage, your trademark is considered “applied for”.

Step 5: Examination by Trademark Office

The trademark examiner reviews the application to check:

Legal compliance
Similarity with existing trademarks
Distinctiveness of the mark

This usually takes 1–3 months.

Step 6: Trademark Examination Report

The examiner may:

Accept the trademark, or
Raise objections

Common reasons for objections include:

Similar existing trademarks
Descriptive or generic names
Lack of distinctiveness

Step 7: Reply to Trademark Objection (If Any)

If objections are raised, a reply must be filed within 30 days.

A proper reply should:

Address legal grounds
Include precedents if needed
Clearly justify registrability

If the reply is accepted, the application moves forward.

Step 8: Trademark Publication in Journal

Once accepted, the trademark is published in the Trademark Journal.

This allows third parties to oppose the registration if they believe it conflicts with their rights.

The opposition period is 4 months.

Step 9: Opposition Proceedings (If Any)

If an opposition is filed:

Both parties submit arguments and evidence
Hearings may be conducted
The Registrar decides the outcome

If no opposition is filed, the application proceeds automatically.

Step 10: Trademark Registration Certificate

If the application clears all stages, the Trademark Registry issues a Registration Certificate.

You can now use the ® symbol
The trademark is valid for 10 years
It can be renewed indefinitely every 10 years

How Long Does Trademark Registration Take?

On average:

Without objections or opposition: 6–10 months
With objections or opposition: 12–24 months

However, protection starts from the application date, not the registration date.

Trademark Registration Fees in India

Government fees depend on applicant type:

Individuals / Startups / MSMEs: Lower fee
Companies and others: Standard fee

Professional charges vary based on:

Search complexity
Objection handling
Opposition proceedings

Common Mistakes to Avoid

Skipping trademark search
Choosing a weak or descriptive name
Selecting the wrong class
Ignoring objection deadlines
Filing without professional review

These mistakes often lead to rejection or future disputes.

Wordmark vs Logo Trademark

Wordmark protects the brand name in all styles
Logo trademark protects a specific design

For long-term protection, many businesses register both.

Frequently Asked Questions

Can I use my trademark before registration?

Yes. You can use the ™ symbol once the application is filed.

Is trademark registration mandatory?

It is not mandatory, but highly recommended for legal protection.

Can I register a trademark myself?

Yes, but professional assistance reduces risks of rejection and objection.

Does trademark registration protect my domain name?

No, but it helps you take action if someone misuses your brand online.

Final Thoughts

Trademark registration is a strategic step, not just a legal formality. A properly registered trademark protects your brand, builds credibility, and supports long-term business growth.

If you are serious about your brand, registering your trademark early is one of the smartest decisions you can make.