How to Register a Trademark in India — Complete Guide 2025

What is a Trademark?

A trademark is any sign — a word, logo, phrase, shape, sound or combination — that identifies the goods or services of one business and distinguishes them from others. The ™ symbol indicates an unregistered trademark claim; the ® symbol can only be used after official registration.

Step 1 — Trademark Availability Search

Before applying, search the Indian Trademark Registry database (IP India portal) for identical or similar marks in your product/service class. A trademark cannot be registered if it is identical or deceptively similar to an already registered mark in the same class.

A clearance search should also check for phonetically similar marks — not just identical spellings. This is where working with a trademark agent adds significant value.

Step 2 — Choose the Right Class

India follows the Nice Classification system — 45 classes covering all goods (Classes 1-34) and services (Classes 35-45). You must file in every class relevant to your business. A trademark in Class 25 (clothing) does not stop someone from using the same name in Class 42 (technology services).

Common classes for startups: Class 35 (business services, retail), Class 42 (technology, software), Class 41 (education), Class 44 (healthcare), Class 38 (telecommunications).

Step 3 — File the Application

Trademark applications are filed with the Trade Marks Registry online through the IP India portal. The application includes the mark, applicant details, goods/services description, date of first use (if already in use) and the class.

Once filed, you can immediately start using the ™ symbol next to your brand name.

Step 4 — Examination

The Registry examines the application within the statutory timeline and issues an examination report. Objections may be raised on absolute grounds (mark is descriptive, generic, offensive) or relative grounds (conflict with existing mark).

Step 5 — Respond to Objections (if any)

If an examination report raises objections, you have 30 days to file a response. A well-argued response supported by evidence of use, acquired distinctiveness or legal arguments can overcome most objections.

Step 6 — Advertisement in the Trademark Journal

Once accepted, the mark is advertised in the Trade Marks Journal for 4 months. During this period, third parties can file an opposition if they believe the mark conflicts with theirs.

Step 7 — Registration

If no opposition is filed (or opposition is overcome), the trademark is registered and a certificate is issued. The registration is valid for 10 years from the application date and can be renewed indefinitely.

Timeline and Costs

Stage	Timeline	Govt Fee (per class)
Filing to Examination	3-6 months	₹4,500 (individual/startup)
Examination to Advertisement	6-18 months	Included
Advertisement period	4 months	Included
Total to Registration	18-24 months	₹9,000 (renewal)