India is not purely first-to-file: a business that used a trademark first can keep using it despite a later registration. The government fee depends on who the owner is. This guide shows the steps, the fees, and the deadlines at the Trade Marks Registry.
per class, by owner type; each further class costs the same
Typical time
18 to 24 months
our experience; the office's stated norm is 7 months
Opposition period
4 months
from the advertisement in the Trade Marks Journal
Lasts
10 years
from the filing date; renewable every 10 years
How filing works
Four Steps, From the Search to the Certificate
1
Check Earlier Trademarks First
The examiner searches earlier trademarks for the same or similar goods and services, so we run that search before you file. Earlier use in India can count as well, so we look at that too.
2
Our Experienced Attorneys File
Our experienced attorneys file Form TM-A online with the Trade Marks Registry. One application can cover several classes of goods and services, with a government fee for each class.
3
Examination and Your Reply
The Registry examines the application and may raise objections in an examination report. A reply is due within one month of receiving it.
4
Journal, Opposition, and Registration
An accepted trademark is advertised in the Trade Marks Journal, and any person may oppose it within four months. With no opposition, the Registry issues the registration certificate.
What is different here
Six Facts About Filing in India
Earlier Use Counts
Under Section 34 of the Trade Marks Act, 1999, a business that has used a trademark continuously since before both your first use and your filing date can keep using it. The Registry can register that earlier user's trademark as well.
Two Fee Levels, Set by Owner
An individual, a startup, or a small enterprise pays INR 4,500 per class by e-filing, and every other owner pays INR 9,000. The lower fee carries no nationality limit.
Examined Against Earlier Trademarks
The Registry examines on absolute grounds, such as a descriptive trademark, and on relative grounds, meaning a conflict with an earlier trademark. It sends any objection in an examination report.
A Four-Month Opposition Window
Opposition is a third party's formal objection to a registration. Any person may file it within four months of the advertisement, and the owner then has two months from receiving the notice to file a counter-statement.
An Address for Service in India
Every owner must give the Registry a postal address in India and a valid email address for its notices. Our experienced attorneys act for you before the Registry and provide that address.
Expedited Processing Is Open to All
Any owner can request expedited processing after filing, and the Registry then ordinarily examines within three months. The government fee is INR 20,000 per class for an individual, a startup, or a small enterprise, and INR 40,000 for every other owner.
Timeline
What Happens, and When
The usual path, with no objection and no opposition.
Day 1
Application Filed
Your filing date is fixed, and a later registration takes effect from that date.
One month to reply
Examination
The Registry examines the application, and any examination report must be answered within one month of receipt.
Four months
Opposition Window
The accepted trademark is advertised in the Trade Marks Journal, and any person may oppose it.
Months 18 to 24
Registered
In our experience, a registration with no objection and no opposition takes 18 to 24 months. The Indian government's stated norm is seven months from filing.
Every 10 years
Renewal and Use
Renewal can be filed from one year before expiry, and a trademark left unused for five years and three months can be removed on application.
What it costs
Government Fees at the Trade Marks Registry
Step
Government fee
Note
Application (Form TM-A): individual, startup, or small enterprise
INR 4,500
Per class, by e-filing
Application (Form TM-A): every other owner
INR 9,000
Per class, by e-filing
Each further class
INR 4,500 or INR 9,000
The same fee again for every class
Renewal (Form TM-R)
INR 9,000
Per class, by e-filing, every 10 years
Opposition (Form TM-O)
INR 2,700
Per class opposed, by e-filing; a counter-statement carries the same fee
Not purely. A registration takes effect from the filing date, and priority lets a first filing made abroad in the previous six months set that date. But Section 34 of the Trade Marks Act, 1999 protects a business that has used a trademark continuously since before the registered owner's use and filing. Passing off, the court claim that protects an unregistered trademark in use, also stays available.
No. An application can be filed for a trademark that is proposed to be used. If you claim earlier use, the Registry asks for an affidavit and supporting documents. The use requirement comes later: a registered trademark left unused for a continuous five years and three months can be removed if an aggrieved person applies.
Yes. India has been a member since 8 July 2013, so an international application can include India. On that route you pay WIPO's fees, which include India's individual fee of 83 Swiss francs for each class, and on a direct application you pay the Registry INR 4,500 or INR 9,000 per class. The Registry examines both in the same way and has up to 18 months to notify WIPO of a refusal.
A registration lasts 10 years from the date of the application and can be renewed for 10 years at a time. Renewal can be filed up to one year before expiry, at INR 9,000 per class by e-filing. For six months after expiry it can still be renewed with a surcharge of INR 4,500 per class, and after that restoration is open until one year from expiry, at INR 9,000 plus the renewal fee per class.
