Trademark registration in India: a step-by-step guide

By Trilegient Knowledge TeamPublished 26 October 2026Reviewed 26 October 20269 min readJurisdiction: India

In short: An Indian trademark application is filed on Form TM-A, examined by the Registry, advertised in the Trade Marks Journal and, if no one opposes it within four months, registered. Registration lasts ten years from the filing date and can be renewed indefinitely.

Who can apply

Any person claiming to be the owner of a trademark, used or proposed to be used, can apply: an individual, a company, a partnership, an LLP, a trust or a foreign entity. There is no requirement to have an Indian company. A foreign applicant must, however, give an address for service in India.

India protects trademarks that are not registered through the common-law action of passing off, and earlier use generally beats later registration. Registration is still worth having: it gives a statutory right to sue for infringement, makes enforcement against online marketplaces far simpler, and is evidence of ownership.

Before filing: search and classification

India follows the Nice Classification, with 34 classes of goods and 11 classes of services. A single application can cover several classes, with a fee for each class.

Searching the Registry's public database before filing is the single most useful step. It shows identical and similar marks already on the register or pending, and lets you change course before money and time are spent. A search report should look at phonetic and visual similarity, not only exact matches. Indian examiners give weight to how a mark sounds when spoken in Indian languages.

Filing the application (Form TM-A)

All applications, for any number of classes, are filed on Form TM-A, usually online through the IP India portal. The application states the applicant, the mark, the goods or services, the class, and either a date of first use in India or that the mark is proposed to be used. A claim of prior use is supported by an affidavit and evidence.

Official fees under the First Schedule to the Trade Marks Rules, 2017. Professional fees are separate. Check the current schedule before filing.

Examination and the reply

The Registry examines the application on absolute grounds (for example, whether the mark is descriptive or lacks distinctiveness) and relative grounds (conflict with earlier marks). The result is an examination report.

If objections are raised, the applicant must reply within one month of receiving the report. Missing this deadline can lead to the application being treated as abandoned. A good reply addresses each objection with argument and, where helpful, evidence of use or acquired distinctiveness. If the examiner is not satisfied, the matter is listed for a show-cause hearing.

Publication and opposition

Once accepted, the mark is advertised in the Trade Marks Journal. Any person may oppose it within four months from the date the Journal is made available. If an opposition is filed, the applicant must file a counter-statement within two months, after which both sides file evidence and the matter is heard.

If no opposition is filed, or an opposition fails, the mark proceeds to registration and the certificate is issued.

How long does it take?

Timings depend on Registry workload and on whether objections or oppositions arise. An opposed application can take considerably longer.

Registration, renewal and use

A registered trademark is valid for ten years from the date of application and can be renewed for further ten-year periods on Form TM-R. Renewal can be filed up to one year before expiry. A mark that is not renewed can be restored within a limited period after expiry, on payment of a surcharge, but it is safer to diarise renewals well in advance.

A registered mark that has not been used for a continuous period of five years and three months can be vulnerable to removal for non-use. Keep dated evidence of use: invoices, packaging, advertisements and website captures.

Foreign brands: national filing or Madrid?

India has been part of the Madrid Protocol since 2013. A brand owner in the United States, the United Kingdom, China or another member country can designate India in an international application filed through its home office. This is efficient for portfolios covering many countries.

A direct national filing in India is often better when the specification needs careful local drafting, when the applicant expects objections it will want to argue in person, or when a quick and certain Indian registration is commercially important. Many foreign applicants use both routes for different marks.

Five practical points

1. Search before you file, and include phonetic variants.
2. Describe goods and services precisely. Broad class headings invite objections.
3. Claim prior use only if you can prove it with dated documents.
4. Watch the Trade Marks Journal for conflicting marks filed by others.
5. Record assignments and licences with the Registry so the register reflects reality.