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    Trademark20 June 2026 14 min readBy Taxpex Editorial

    Trademark Registration in India — Complete Guide 2026

    Everything an Indian founder needs to register a brand name, logo or tagline in 2026 — eligibility, process, costs, classes, timelines and post-registration management.

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    A registered trademark can help protect the identity customers associate with your goods or services. The scope of protection depends on the mark, the registered specification and applicable law; registration is not an unrestricted monopoly over a word. This guide covers filing, examination, costs and post-registration management. For help preparing an application, explore our trademark registration service.

    What is a trademark?

    A trademark is any sign — word, logo, tagline, shape, sound or colour — that distinguishes the goods or services of one business from another. Once registered, you get exclusive pan-India rights to use that mark in your registered class for 10 years, renewable forever.

    What can you register?

    • Business names (Taxpex, Infosys, Zomato)
    • Brand names (Boat, Mamaearth, Lenskart)
    • Logos and device marks
    • Taglines and slogans ('Just Do It')
    • Product or service names
    • Distinctive packaging and shapes
    • Sounds and colour combinations

    Who can apply?

    Any person can apply — individuals, sole proprietors, partnership firms, LLPs, companies, trusts and societies. The applicant becomes the legal owner of the trademark.

    Quick note

    Owning the trademark at the entity level (rather than personally) is usually the right strategy if you intend to raise funding or sell the business.

    Step-by-step registration process

    1. 1Search the IP India database for identical and similar marks; a search reduces uncertainty but does not guarantee acceptance.
    2. 2Select the relevant Nice classes and describe the actual goods or services, rather than relying only on a class number.
    3. 3Prepare Form TM-A, supporting documents and agent authorisation where applicable.
    4. 4File electronically and retain the application acknowledgement and payment receipt; filing is not registration.
    5. 5The Registry examines the application. Examination timing varies and is not a promised completion date.
    6. 6If an examination report raises objections, read the report, record its response requirement and prepare a point-by-point reply.
    7. 7If accepted and advertised in the Trade Marks Journal, monitor the application through the applicable opposition period.
    8. 8Opposition (if any) and counter-statement
    9. 9Grant of Certificate of Registration — start using ®

    How long does trademark registration take?

    There is no guaranteed end-to-end completion date. Examination workload, objections, hearings, opposition proceedings and Registry processing can affect timing. An acknowledgement or application number does not mean the mark is registered. Separate procedural deadlines in official communications from any estimate of overall processing time.

    StageWhat to track
    Application filingAcknowledgement, application number and payment confirmation
    ExaminationCurrent status and any examination report issued by the Registry
    Reply or hearingResponse requirement, submission acknowledgement and hearing communications
    Journal advertisementJournal entry, advertisement date and applicable opposition period
    Opposition, if filedNotice, service details and the applicable response procedure
    RegistrationRegistration entry and certificate; do not substitute a filing receipt

    Trademark objection versus opposition: what is the difference?

    An examination objection is raised by the Registry while examining an application. An opposition is a separate challenge brought by another person after advertisement. They are not interchangeable, and a reply to an examination report does not answer an opposition notice. Start by identifying the document you received and its procedural stage.

    IssueWhat to reviewUseful preparation
    Distinctiveness or descriptiveness objectionThe specific grounds raised and the goods or services concernedExplain the mark in context; organise genuine use evidence if relevant to your response
    Earlier-mark objectionCited marks, their status, owners and registered specificationsCompare the actual marks and specifications rather than only their class numbers
    Opposition noticeThe notice, service details and grounds of challengeSeek case-specific advice on the counter-statement and evidence procedure

    Checklist before replying to an examination report

    1. 1Download the complete examination report and retain the accompanying communication, not only a portal status screenshot.
    2. 2Confirm the application number, applicant details and contact address; record the response requirement in the report and current Rules.
    3. 3List each objection separately and match your explanation and evidence to that objection.
    4. 4Where an earlier mark is cited, examine its current record and the goods or services it covers.
    5. 5Use genuine, dated records where use evidence is relevant; never invent invoices or claim an unsupported first-use date.
    6. 6Submit through the appropriate procedure and retain the acknowledgement; monitor later communications and hearing notices.
    Watch out

    Do not assume that a generic reply guarantees acceptance or that a portal status replaces the examination report. If a response date may have been missed, obtain prompt case-specific advice; the next step depends on the record and applicable procedure.

    For class selection, use the Trademark Class directory and our classes guide with examples. For a deeper pre-filing check, read how to check trademark availability.

    Government fees in 2026

    Applicant typeFee per class (e-filing)
    Individual / Sole Proprietor₹4,500
    Startup (DPIIT-recognised)₹4,500
    Qualifying Small Enterprise (verify the applicable definition and evidence)₹4,500
    Other applicants not eligible for the concession₹9,000
    Pro tip

    Reduced-fee eligibility is not determined solely by whether you are a company, LLP or hold an MSME certificate. Check the applicable applicant category and supporting evidence against the current official fee schedule before paying. Government filing fees and professional charges are separate.

    Check the IP India official forms and fee schedule before filing. For separate cost heads and service scope, read our trademark fee breakdown.

    Documents required

    • PAN and Aadhaar of the applicant or authorised signatory
    • Business registration proof (GST/COI/Partnership deed)
    • Logo file (if applicable) — preferably 9×5 cm
    • Brand name in plain text
    • Address proof
    • TM-48 power of attorney (we draft this)
    • MSME / Startup recognition certificate (if claiming reduced fee)

    Common mistakes to avoid

    • Filing a descriptive or generic name (rejected under Section 9)
    • Skipping the pre-filing public search
    • Wrong class selection
    • Low-resolution logo specimen
    • Using ® before registration is granted
    • Filing in personal name when ownership belongs to the company

    After registration — what to do

    1. 1Update website, packaging and marketing to display ® next to the mark
    2. 2Set up brand monitoring to catch infringers early
    3. 3License or franchise the mark (record on TM-P)
    4. 4Renew every 10 years on Form TM-R

    Official sources and application monitoring

    Use IP India for official application services and communications. The Trade Marks Act, 1999 and Trade Marks Rules, 2017 govern registration and procedural requirements. Read the current text and the communication issued in your own application before relying on a deadline. This guide does not promise approval or replace case-specific legal advice.

    FAQs

    Can I use ™ before registration?

    Yes — ™ can be used from the day you file the application. Only ® requires a granted certificate.

    Is registration valid worldwide?

    No. Indian registration is valid only in India. For other countries, file separately or use the Madrid Protocol via WIPO.

    Can I sell my trademark?

    Yes — a registered trademark can be assigned, licensed or franchised. Record the transaction on Form TM-P.

    Get help with trademark search, class selection and application preparation. Check the Trademark service page for current pricing and scope; government fees are separate.
    Topics covered
    trademark registration indiatrademark filingbrand registrationlogo registrationTM-A filingtrademark process 2026
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    Written by
    Taxpex Editorial

    Senior contributor at Taxpex Consultancy. Reviewed by a practising Chartered Accountant. Published on 20 June 2026 · Updated on 20 June 2026.

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    Trademark Registration

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