You can register a trademark in India by filing Form TM-A on IP India's e-filing portal, replying to any examination report within 30 days, then clearing a four-month opposition window after Journal publication. The government fee is ₹4,500 per class for individuals, startups, and small enterprises, and ₹9,000 per class for companies and other entities. Registration lasts 10 years from filing and is renewable. A DSC is required if you self-file online. Sections 9, 11, 21, and 25 of the Trade Marks Act, 1999 govern the key steps.
What does the law let you register in India?
A trademark can be any sign that distinguishes your goods or services. That includes words, logos, labels, names, signatures, numerals, shapes, packaging, or colors that can be represented and that indicate source. That is section 2(1)(zb) of the Trade Marks Act, 1999.
Two refusal gateways matter most. Absolute grounds under section 9 cover lack of distinctiveness, descriptiveness, genericness, and trademarks that deceive or are customary. Relative grounds under section 11 bar trademarks that conflict with earlier rights or would cause confusion. If you clear these, you move on to publication and, if unopposed, to registration.
What does it cost to file in India?
The government fee for Form TM-A filed online is charged per class:
- ₹4,500 per class for an individual, a startup, or a small enterprise (with the relevant registration certificate).
- ₹9,000 per class for everyone else, including all companies. A foreign company pays this rate.
Professional fees are separate. For the Total for a GTC India filing, see our pricing page or the India trademark service. There is no government fee for replying to an examination report; the opposition fee, if you ever need it, is ₹2,700 per class by e-filing.
What is the step-by-step process in 2026?
Here is the practical sequence we use for clients, aligned with the Act and Rules.
1) Search and assess risk. Check identical and confusingly similar trademarks and owners. Start with IP India's public search and go beyond near matches and spelling drift; our free trademark check gives you a quick professional read. If you want a structured walkthrough, see our guide to the Indian registry search, India Trademark Search: How to Check the Indian TMR Database Before Filing.
2) Prepare Form TM-A. Decide the owner, the trademark image or word, the Nice classes, and a tight description of goods or services. Keep the description specific. Over-broad claims tend to trigger section 9 or 11 objections. Class Assist helps you pick the right classes before you draft.
3) File TM-A on IP India's portal. E-filing is standard practice. The Trade Marks Rules, 2017 provide the procedures, and TM-A is the application form used. If you self-file online, the form must be digitally signed, so you need a valid Digital Signature Certificate. IP India's portal is the entry point for filing and tracking.
4) Examination. An examination report usually issues within a few months of filing, depending on Registry workload. The report will cite section 9 or 11, or both, if the examiner sees problems.
5) Reply and hearing. You must file a written response within 30 days from the date the report is communicated to you. This deadline comes from Rule 33(4) of the Trade Marks Rules, 2017. If the examiner is not satisfied on the papers, a show-cause hearing is listed.
6) Journal publication and opposition. Once accepted, your trademark is advertised in the Trade Marks Journal. Any person may oppose within four months from the date of publication. That is section 21 of the Trade Marks Act, 1999.
7) Registration and certificate. If unopposed, or if you defeat the opposition, the trademark proceeds to registration. The registration term is 10 years from the filing date, renewable in 10-year blocks under section 25.
How long does it take to get an Indian trademark in 2026?
Expect the first action within a few months, then plan for publication, a four-month opposition period, and issuance of a certificate after that if there is no opposition. The reply to any objection is due within 30 days of communication, or the application is treated as abandoned under Rule 33(4). The opposition period is a fixed four months by section 21.
As counsel, we advise clients to budget time for one office action cycle, because examiners frequently raise section 11 citations or ask you to tighten vague specifications. When prepared, you can often address both grounds in one response and avoid a hearing.
What do I need in hand before filing TM-A?
Have these ready before you log in:
- The exact trademark, as a clear image for device marks or characters for word marks.
- A short, specific list of goods or services per Nice Classification. Avoid catch-all phrases.
- Owner details, and, if you are not based in India, an address for service in India as required by the 2017 Rules.
- Priority details if you filed in a Paris Convention country within the last six months and want to claim that priority.
- A DSC if you plan to self-file online, since the TM-A must be digitally signed.
- If you are claiming the lower fee, the certificate that proves startup or small-enterprise status.
If you would like strategic help drafting the specification or screening for conflicts before you spend on filing, our experienced attorneys can run a full search and risk memo. See the India trademark service for what is included.
How do I file TM-A on IP India's e-filing portal?
Here is a clean checklist for first-time filers:
- Create or log in to your IP India account on the Trademarks portal.
- Select TM-A, choose single-class or multi-class, and enter the owner's details.
- Upload the trademark representation and list your goods or services by class.
- Add priority details if claiming convention priority within six months of the priority date.
- Provide an address for service in India per the Trade Marks Rules, 2017.
- Digitally sign with your DSC and pay the government fee (₹4,500 or ₹9,000 per class).
- Save the acknowledgment and application number. Use it to track examination and Journal status.
If you are not set up with a DSC or prefer attorney filing, we file TM-A for clients and handle examiner communications end to end.
What happens after filing, and how do I respond if I get objections?
You will receive an examination report that often cites section 9 or 11. Common section 9 issues include trademarks that are descriptive of the goods or laudatory. Section 11 cites earlier similar trademarks and overlapping goods or services.
Your reply is due within 30 days of when the report is communicated to you. In many cases, we combine arguments on distinctiveness, evidence of acquired distinctiveness where available, and a narrowed specification to create distance from cited trademarks. If a hearing is listed, you or your attorney will argue before the Registrar. If accepted, the trademark is advertised in the Trade Marks Journal for the four-month opposition window.
If you want a deeper walkthrough on examination practice, see India Trademark Objections and Examination Reports: How to Respond.
A Quick, Real-World Example From Our Files
A consumer brand applied for a word mark that included a descriptive ingredient term. The examiner raised section 9 and section 11. We submitted evidence of extensive use of the full composite mark and disclaimed exclusive rights in the ingredient term, while tightening the goods description. The examiner accepted for advertisement and the trademark sailed through the Journal with no opposition. The lesson is simple: pick a distinctive core and be ready to adjust the specification.
Should I cover India through WIPO's Madrid System (the Madrid Protocol) or file nationally?
Both routes are available. India is a member of WIPO's Madrid System. You can either:
- File TM-A nationally via IP India, which is often the better choice if India is your only or first country, or if you want maximum control over specification wording and prosecution.
- Cover India in an international application if you are protecting multiple countries at once and want centralized management.
Trade-offs to weigh:
- Central attack risk on the WIPO route. If your home trademark is refused or limited in the first five years, your international registration can be hit. National filings are insulated from that.
- Speed and alignment. If you expect objections in your home country but have a clean path in India, a national Indian filing can move on its own timeline.
- Portfolio simplicity. When you need 5 or more countries in one go, the single renewal and change-recording process of WIPO's Madrid System can be attractive.
If you are filing from outside India and choose the national route, remember the address-for-service requirement under the 2017 Rules. We can serve as your address in India and handle Registry communications. For broader strategy, see our cross-border note, Filing an Indian Trademark from Outside India: What Foreign Owners Need to Know, and the India country guide.
How long does a registration last and how do I renew it?
A registration lasts 10 years from the filing date and can be renewed indefinitely in 10-year blocks under section 25 of the Act. Docket renewal dates early, and keep using the trademark as registered. After registration, set up watch services and online marketplace takedowns to spot problems early. We can help you set that up through our trademark monitoring service.
Practical 2026 Checklist
- Search for conflicts beyond exact matches.
- Draft a tight goods and services description.
- File TM-A online, and plan for a DSC if you self-file.
- Calendar the 30-day reply deadline after any examination report.
- Watch the Trade Marks Journal for the four-month opposition period.
- Plan renewals on a 10-year cycle and set up monitoring.
When should I seek expedited examination?
The Trade Marks Rules, 2017 allow expedited examination on meeting conditions and payment of the prescribed fee. If you have a launch tied to a brand-critical date or need a quicker Registry view on registrability risk, we consider this route. We will tell you clearly when the trade-off makes sense and when it does not.
Work With Counsel Who Files in India Every Week
We are an attorney-led team. Since 2016, our in-house attorneys have guided clients through India filings and coordinated portfolios in the countries and regions where they trade. We file, argue, and, where needed, litigate. If you want one team to take this off your plate and own the deadlines, Start My India Filing.
Related reading
- India Trademark Search: How to Check the Indian TMR Database Before Filing
- India Trademark Objections and Examination Reports: How to Respond
- Filing an Indian Trademark from Outside India: What Foreign Owners Need to Know
Frequently Asked Questions
What is a trademark in India and what can be registered?
A trademark is any sign capable of graphical representation that distinguishes goods or services. Examples include words, logos, labels, names, signatures, numerals, shapes, packaging, and color combinations. See section 2(1)(zb) of the Trade Marks Act, 1999.
How much does it cost to register a trademark in India?
The government fee for online filing is ₹4,500 per class for individuals, startups, and small enterprises, and ₹9,000 per class for companies and other entities. Professional fees are separate.
What are the main grounds on which an application can be refused?
Two sets. Absolute grounds under section 9 cover non-distinctive, descriptive, generic, deceptive, or customary signs. Relative grounds under section 11 involve conflict with earlier trademarks and likelihood of confusion. Both must be cleared to proceed.
How do I file a trademark application (TM-A) in India?
Use IP India's Trademarks e-filing portal and select Form TM-A. Attach the trademark, list goods or services by class, provide the owner's details and an address for service in India, add any priority claim, digitally sign, and submit. Physical filing exists but practice is predominantly online.
Do I need a Digital Signature Certificate (DSC) to self-file TM-A online?
Yes. When you file yourself on IP India's portal, TM-A must be digitally signed, so a DSC is required. If you appoint an attorney, filings can be executed using the attorney's DSC.
What is the typical examination timeline and what deadlines apply to my reply?
Examination reports usually issue within a few months of filing, depending on Registry workload. If objections are raised, you must file a reply within 30 days from the date of communication. Missing that deadline leads to abandonment under Rule 33(4) of the Trade Marks Rules, 2017.
When is my application published, and how long can third parties oppose it?
After acceptance, the application is advertised in the Trade Marks Journal. Any person may oppose within four months from publication, per section 21 of the Trade Marks Act, 1999.
How long does a registration last and how do I renew it?
A registration is valid for 10 years from the filing date and may be renewed indefinitely in further 10-year periods. See section 25 of the Trade Marks Act, 1999.
Can I claim priority from an earlier foreign filing?
Yes. You can claim convention priority if you file in India within six months from the priority date of a filing in a convention country, consistent with Indian law and Paris Convention practice.
Can foreign owners protect their trademarks in India without a local entity?
Yes. Foreign owners may file directly in India or cover India through WIPO's Madrid System. If filing directly, provide an address for service in India as required by the Trade Marks Rules, 2017. A foreign company pays the ₹9,000 per class fee.
Is expedited examination available?
Yes. The Trade Marks Rules, 2017 provide for expedited examination when conditions are met and the prescribed fee is paid. We use it when timing is critical and the benefits justify the cost.
