A trademark is a unique sign, symbol, word, phrase, logo, or combination that distinguishes your goods or services from those of competitors. Trademark registration in India grants the owner exclusive legal rights to use that mark in connection with the registered class of goods or services.
Why Register a Trademark?
- Exclusive rights: Legal ownership of the mark in the registered class throughout India
- Legal protection: Right to take legal action against infringers and counterfeiters
- Brand value: Registered trademark is a business asset that can be sold, licensed, or franchised
- Public notice: Registered trademarks appear in the IP India database, deterring others from adopting a similar mark
- Use of ® symbol: Only registered trademark owners can legally use the ® symbol
- Customs protection: Can be recorded with customs to prevent import of counterfeit goods
What Can Be Registered as a Trademark in India?
- Word marks (brand name, product name, slogan)
- Logo marks (device marks with or without words)
- Combination marks (word + logo together)
- Colour marks (specific colour combinations)
- Sound marks (jingles, ringtones)
- Shape marks (distinctive product shape or packaging)
- Series marks (a family of related marks)
Trademark Registration Process in India
- Trademark search: Comprehensive search on the IP India trademark database to check for identical or similar existing marks
- Class selection: Identify the correct Nice Classification class(es) for your goods or services
- Application filing: Form TM-A filed with the Trade Marks Registry (online)
- Examination: The Registrar examines the application and issues an Examination Report within 30 to 90 days
- Publication in Trademark Journal: Mark published for public opposition period of 4 months
- Registration: If no opposition is filed or opposition proceedings are resolved in your favour, the mark is registered and a certificate is issued
Trademark Classes – Find Your Class
India follows the Nice Classification with 45 trademark classes. Classes 1 to 34 cover goods, and Classes 35 to 45 cover services. Filing in the wrong class provides no protection for your actual business.
| Business Type | Recommended Class |
|---|---|
| Software / IT / SaaS | Class 42 |
| Restaurants / Food Delivery | Class 43 |
| Clothing / Fashion Brand | Class 25 |
| Consulting / Professional Services | Class 45 or 35 |
| Pharmaceuticals / Healthcare | Class 5 or 44 |
| E-commerce / Online Retail | Class 35 |
| Education / EdTech | Class 41 |
| Banking / FinTech | Class 36 |
Trademark Registration Timeline
| Stage | Approximate Time |
|---|---|
| Application Filing | Same day |
| Examination Report | 30 to 90 days |
| Response to Examination Report | 30 days (if objection raised) |
| Hearing (if required) | 3 to 6 months |
| Journal Publication | After examination clearance |
| Opposition Period | 4 months from publication |
| Registration Certificate | 6 to 24 months (overall) |
Frequently Asked Questions
How long does trademark registration last in India?
A registered trademark in India is valid for 10 years from the date of application. It can be renewed indefinitely for successive periods of 10 years each.
What is the difference between TM and R symbol?
The TM symbol (Trademark) can be used by anyone who claims rights in a mark, whether or not it is registered. The R symbol (®) can only be used legally after the trademark has been formally registered by the Trade Marks Registry.
Can I register a trademark that is already in use by another business?
If an identical or deceptively similar mark already exists in the same class, your application is likely to be refused or opposed. A thorough search before filing helps avoid this situation.
What happens if someone opposes my trademark?
If an opposition is filed within the 4-month publication period, both parties submit evidence and arguments. The Registrar adjudicates the dispute. Dealintax handles the entire opposition and hearing process.
Also See
Frequently Asked Questions About Trademark Registration in India
Authoritative answers to trademark registration questions — from Dealintax’s expert IP team.
What is a trademark and why should I register it?
A trademark is a unique identifier — a name, logo, slogan, or combination — that distinguishes your goods or services from competitors. Registering a trademark in India gives you exclusive legal rights to use the mark for 10 years (renewable indefinitely), the right to sue for infringement, the ® symbol, and the ability to license or franchise your brand. Without registration, your brand name can be legally copied by competitors with no recourse under the Trade Marks Act.
How long does trademark registration take in India?
The trademark registration process officially takes 18–24 months from application to certificate issuance — covering examination, a 4-month opposition window, and final registration. However, your trademark is protected from the date of application filing, not the date of registration. Dealintax files your application within 2 working days, giving you immediate priority date protection.
What is the government fee for trademark registration in India?
The official government fee is ₹4,500 per class for individuals, startups, and MSMEs, and ₹9,000 per class for large companies. Dealintax charges ₹1,999 as professional service fees (inclusive of the government fee for individual/startup category), covering trademark search, drafting, class identification, and portal submission.
What is a trademark class and how do I choose the right one?
Trademarks are registered under specific classes from the Nice Classification system — 45 classes in total (1–34 for goods, 35–45 for services). Each class covers a specific category of goods or services. You must register in every class relevant to your business. Registering in the wrong class provides no legal protection for your actual products. Dealintax’s experts identify the correct class(es) and advise on multi-class filing strategy.
Can I use the ™ symbol without registering my trademark?
Yes — the ™ (trademark) symbol can be used without registration to indicate you claim rights to the mark. The ® (registered trademark) symbol can only be legally used after your trademark is officially registered. Using ® before registration is a criminal offence under Section 107 of the Trade Marks Act, 1999. Use ™ during the registration process and ® only after receiving your certificate.
What happens if someone objects to my trademark application?
If your application receives examination objections (similarity with existing marks or descriptiveness issues), you must file a counter-statement and attend a hearing before the Registrar. If a third party files an opposition during the 4-month journal publication window, you must respond within 2 months or the application is abandoned. Dealintax handles all objection responses, hearing representations, and opposition counter-statements.
Have a question not answered above? Dealintax’s experts are available Monday–Saturday, 9 AM–7 PM. Use the contact form above — we respond within 2 hours.