Overview
A registered trade mark gives you the exclusive right to use your brand for the goods or services it is registered for, and the right to sue for infringement. Applications are filed online with the Trade Marks Registry (Intellectual Property India) under the Trade Marks Act, 1999, in one or more of the 45 classes of goods and services.
After filing, the application is examined. If the examiner raises objections, they must be answered; if it is accepted, the mark is advertised in the Trade Marks Journal so that others can oppose it. If no one opposes (or the opposition fails), the mark is registered. Registration lasts 10 years and can be renewed every 10 years.
Our team searches the register for similar marks, advises on classes, prepares and files the application, and tracks it through examination and advertisement. Replies to objections and hearings are handled with a trade mark attorney or advocate we work with.
Who needs it
- Businesses launching a new brand, product name or logo
- Startups that want to protect their name before raising money or scaling
- Online sellers who need a trade mark for marketplace brand registries
- Businesses already using a brand that isn't registered yet
Documents required
What we usually ask for. Our team confirms the exact list for your case before anything is filed.
- The mark: the word, logo (in JPG) or both, exactly as you use it
- Applicant's name, address and nationality; for a business, its constitution and registration details
- Description of the goods or services the mark is used for
- Date of first use, if the mark is already in use (with supporting evidence such as invoices or ads)
- Udyam or startup recognition certificate, if you want the lower official fee for small entities
- Signed power of attorney (Form TM-48) for the agent who files
How it works
- 1
Search
We search the Trade Marks Registry for identical and similar marks in the relevant classes and tell you the risks.
- 2
Classes and description
We pick the classes and draft the description of goods or services so the protection matches your business.
- 3
File the application
The application is filed online and you get an application number straight away. You can use ™ with your mark from now on.
- 4
Examination
The Registry examines the application and issues an examination report. If it raises objections, a reply is filed (see our objection reply service).
- 5
Advertisement and opposition
An accepted mark is advertised in the Trade Marks Journal. Anyone may oppose it within four months of the advertisement.
- 6
Registration
If there's no opposition, or it fails, the mark is registered and the certificate issued. You can then use ®.
Typical timeline
Filing gives you an application number the same day. Examination, advertisement and registration follow the Registry's own pace and vary widely. The law fixes some periods: a reply to an examination report is due within one month of receiving it, and the opposition window is four months from advertisement. A registration is valid for 10 years from the application date and can be renewed.
Get a free quote
Answer a few questions and our team will contact you. It takes about two minutes.
Official sources
The government portals and laws this page is based on:
Please note