Trademark Registration Process in India: From Search to Registration
Trademark registration in India protects your brand identity — including names, logos, slogans, and symbols — from unauthorized use. A registered trademark gives you exclusive rights and legal recourse against infringement. The process is governed by the Trade Marks Act, 1999.
Step 1: Trademark Search. Before filing, conduct a comprehensive trademark search on the IP India website to check if your proposed mark conflicts with existing registrations or pending applications. This reduces the risk of objections and oppositions during examination.
Step 2: Select the Appropriate Class. Trademarks are classified under the Nice Classification system into 45 classes. Choose the class or classes that best describe your goods or services. Common classes include Class 25 (clothing), Class 35 (business services), and Class 42 (IT services).
Step 3: File the Trademark Application. The application can be filed online through the IP India portal in Form TM-A. You will need to provide the applicant details, clear representation of the mark, description of goods/services, and the class or classes. The filing fee is Rs. 9,000 per class for individuals and startups, and Rs. 10,000 for companies.
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Talk to an expertStep 4: Examination. The Trademark Examiner reviews the application for compliance with the Trade Marks Act. Objections may be raised on absolute grounds (lack of distinctiveness, descriptive marks) or relative grounds (conflicts with existing marks). A response must be filed within 30 days.
Step 5: Publication. If the mark passes examination or objections are resolved, it is published in the Trademark Journal. Third parties have 4 months from publication to file opposition proceedings if they believe the registration would harm their interests.
Step 6: Registration. If no opposition is filed or opposition is resolved in your favor, the mark proceeds to registration. The trademark is valid for 10 years from the date of application and can be renewed indefinitely for successive 10-year periods.
The entire process typically takes 12-18 months if unopposed. Axaon helps with trademark searches, application drafting, objection responses, opposition handling, and renewal monitoring to ensure your brand remains protected.
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