How to File a Trademark Application Online in India (Form TM-A)

Filing a trademark application in India is now entirely online. The process runs through the IP India e-filing portal, uses a single form, Form TM-A, and generates a priority date the moment payment clears. What looks straightforward on the surface conceals a set of decisions that cannot be reversed after submission: the entity named as applicant, the fee category selected, the goods and services description entered, and the signing method used. Each of these locks in permanently at filing. This guide covers every step of the process accurately, including recent changes to how the portal handles digital signatures, and names the consequence at each decision point where a mistake costs more to fix than a professional would have charged to get it right.

What Is Form TM-A and Why Is It Used for Trademark Filing in India?

Form TM-A is the prescribed application form for trademark registration under the Trade Marks Rules 2017. It replaced Form TM-1, which was prescribed under the Trade Marks Rules 2002. Any guide or checklist that refers to Form TM-1 is outdated. The current form covers all standard trademark registrations, covering wordmarks, device marks, series marks, collective marks, and certification marks, under a single prescribed format.

The statutory authority for filing is Section 18(1) of the Trade Marks Act 1999, which permits “any person claiming to be the proprietor of a trade mark used or proposed to be used by him” to apply for registration in the prescribed manner. Form TM-A is that prescribed manner. It is filed exclusively through the IP India e-filing portal at ipindiaonline.gov.in/trademarkefiling/.

For a complete overview of the trademark registration process in India, covering everything from pre-filing search through to certificate issuance, see the complete guide to trademark registration in India. For the stage-by-stage registration process including examination and opposition timelines, see the trademark registration process in India.

This guide applies to filings made through the IP India e-filing portal and reflects procedure and portal behaviour as of April 2026. One point that every first-time applicant needs to understand before touching the form: Form TM-A is a legal declaration. Every field entered becomes part of the permanent application record and can be cited in examination proceedings, opposition proceedings, and infringement disputes. The portal does not permit substantive corrections after submission without filing a separate application on Form TM-M. The accuracy obligation begins at the first field, not at the review stage.

Who Files — and Which Portal User Type You Choose

The three portal user types

The IP India e-filing portal offers three user types at the registration stage: Proprietor, Agent, and Attorney. This selection is not a technicality. It determines who signs the application, what forms must accompany it, and who bears the legal responsibility for statements made in the application.

A Proprietor is the trademark owner filing directly without any representative. No separate authority form is required. The applicant signs the application personally, and the Signing Authority field in the Verification section of Form TM-A reflects the proprietor’s name.

An Agent is a Registered Trade Marks Agent filing on behalf of the applicant. The Form of Authorization (commonly known as TM-48) under Rule 19 of the Trade Marks Rules 2017 is mandatory. Without it, the agent’s signature on the application has no authority and the examiner will raise a procedural objection.

An Attorney is an Advocate filing on behalf of the applicant. The Form of Authorization (commonly known as TM-48) is equally mandatory for attorneys. The portal pre-populates the agent or attorney details based on the registered account. When Intepat files on behalf of a client, for example, the Applicant’s Agent section shows INTEPAT IP SERVICES PVT LTD as the name and Advocate as the nature of agent, and the Signing Authority reads Attorney.

Once applicant details are entered via the “Add New Proprietor” button in the Applicant’s Details section, the portal generates an internal applicant identifier in the system. This is not a document to obtain in advance. It is created during the form-filling process itself.

The owner-as-applicant decision

The name entered as applicant on Form TM-A becomes the statutory proprietor upon registration. During the pendency of the application, Rule 37 of the Trade Marks Rules 2017 prohibits any amendment that substantially alters the application, including any substitution of a new proprietor. Once registered, any change of title requires a formal deed of assignment and recording with the Registry under Section 45 of the Trade Marks Act 1999.

Foreign applicants with no principal place of business in India must provide an Indian address for service under Rule 17 of the Trade Marks Rules 2017. This field cannot be left blank. Without it, the application faces an immediate procedural objection, and failure to rectify within the specified period is deemed abandonment.

What Should You Prepare Before Filing Form TM-A?

Mark decisions to make before filing

Two strategic decisions must be made before the form is opened. Getting either wrong creates problems that cannot be corrected cheaply after submission.

The first is wordmark or device mark. Filing a device mark, that is a stylised logo, locks that specific visual representation into the application. Rule 26(1) of the Trade Marks Rules 2017 requires the mark representation to be clear and not exceed 8cm x 8cm. If the brand is rebranded or the logo redesigned in a way that materially alters the mark after filing, the registered mark no longer corresponds to commercial use. That situation may require a fresh application with a new priority date and fresh fees. A wordmark, by contrast, protects the word itself regardless of font, colour, or stylisation. This provides broader protection for most early-stage businesses. For a detailed comparison of what each protects and when each is appropriate, see wordmark vs logo mark.

The second is class selection. India follows the NICE Classification system, which divides goods and services into 45 classes. The class must be confirmed before opening the form. Once filed in a specific class, the class cannot be changed post-filing without filing a fresh application. If the business operates across more than one class, each class requires a separate fee payment. Multiclass filing uses the same Form TM-A with classes entered in consecutive numerical order. For guidance on selecting the right class or classes for your goods and services, see filing in multiple trademark classes in India and use Intepat’s trademark class search tool.

The third preparation step is conducting the AI/ML public search before opening the form. The IP India portal offers an AI/ML-powered trademark search tool that checks for identical and similar existing marks. The TM-A form contains a Yes/No declaration field: “I have searched the applied trademark using AI/ML based Public Search” with Yes and No options. This is a declaration, not a portal shortcut. The portal does not link to the search tool from within the form. The search must be completed separately at the IP India public search portal before the TM-A session is opened. For a step-by-step guide to running a comprehensive trademark search, see how to conduct a trademark public search in India. Ticking No when a similar mark is later cited in an Examination Report may influence examiner perception but does not determine registrability.

Documents and credentials to gather

Gather these before starting the filing session. The portal does not allow the session to be paused indefinitely, as drafted forms may be deleted after 30 days.

• For all applicants: mark representation as a JPEG file not exceeding 8cm x 8cm (mandatory for device marks, optional for wordmarks); goods and services description drafted specifically and not copied from the class heading alone; email address and mobile number registered with the e-filing account.
• For MSME and startup applicants claiming the concessional fee: Udyam Registration Certificate or Startup India Certificate. Must be uploaded during the filing session. The fee category cannot be changed after payment, and the certificate cannot be submitted later to claim a refund.
• For prior use claims: an affidavit testifying to prior use under Rule 25(2) of the Trade Marks Rules 2017. The affidavit must be notarised and must state the date of first use in DD/MM/YYYY format. Documentary evidence of use, such as invoices, packaging, or advertisements from the claimed date, must be attached as exhibits in a single PDF. The affidavit and all exhibits must be uploaded together; uploading the affidavit without supporting exhibits is a common omission that draws an immediate procedural objection.
• For agent-filed applications: the Form of Authorization (commonly known as TM-48) executed before the session begins. This is attached via the “Attach Documents” button in the portal. An agent who files without the Form of Authorization will not be able to reach the signing step. The portal requires the Form of Authorization to be uploaded via the Attach Documents button before signing is permitted. Attempting to sign without it will be blocked by the portal at the Digitally Sign and Submit stage.

One explicit advisory from the IP India portal: PAN cards, Aadhaar cards, and passports must not be uploaded to the portal. Identity documents are not required attachments for Form TM-A and their upload is specifically warned against in the portal’s own advisory notices.

Setting Up Your Signing Method Before Filing

The two routes — Class 3 DSC and eMudhra eSign

Form TM-A cannot be submitted without a valid digital signature. The portal offers two legally valid signing routes: a Class 3 Digital Signature Certificate carried on a USB token, and eMudhra eSign, an OTP-based electronic signature. Both routes now work on Chrome and other modern browsers. The old Java-based signing component that required Internet Explorer or Internet Explorer Mode in Edge is no longer the current method. Choose the signing route before starting the form.

Class 3 DSC — what has changed

A Class 3 DSC is issued by a licensed Certifying Authority such as eMudhra, Capricorn, or SafeScrypt, and is stored on a USB hardware token. The certificate is valid for 2 to 3 years and can be used across multiple filings, making it the preferred route for agents, attorneys, and any applicant who expects to file or respond to the Registry more than once.

The browser restriction that historically required Internet Explorer has been resolved by a new Browser Signing Solution. As of 17 March 2026, the Office of the Controller General of Patents, Designs and Trademarks published an updated DSC manual introducing a lightweight desktop application that handles the token communication with the browser. The Browser Signing Solution is downloaded from https://www.pki.network/download/?app=pki-signing-solution and installed as a standard Windows application, with no Java runtime required. Once installed, it runs as a background service on a local port and allows any browser, including Chrome, to communicate with the USB token. The icon appears in the system taskbar when the service is active.

Before filing, register the DSC in the portal under My Account, then Register Digital Signature. Insert the USB token, select the certificate when prompted, and click Register.

eMudhra eSign — the no-token alternative

The eSign route requires no USB token and no software installation. At the signing step, the currently authorised eSign provider (eMudhra) sends a one-time OTP to the mobile number registered with the eSign service. The user enters the OTP to authenticate, and a signing certificate is generated for that single transaction. The certificate is valid for 30 minutes, after which the private key is deleted — eliminating the need for revocation checking. The route works on any browser without additional software.

Filling Out Form TM-A — Every Section Explained

Form Detail — class, applicant category, and nature of application

The Form Detail section at the top of TM-A contains three fields that drive the rest of the application. The Class field sets the NICE Classification class for the application. The applicant category dropdown, which offers Individual/Sole Proprietor or others, determines the fee tier. The Nature of Application dropdown distinguishes a standard Trade Mark from a Collective Mark or Certification Mark. Selecting the wrong nature of application is a procedural objection ground. A Collective Mark application, for example, requires draft regulations submitted with Form TM-M, a separate requirement that does not apply to a standard trademark.

Applicant’s Details and the agent section

The Applicant’s Details section contains the “Add New Proprietor” button. Clicking this opens the entry fields for the applicant’s name, address, and nature of applicant: Individual, Partnership Firm, Body-incorporate including Private Limited or Limited Company, LLP, Society, Trust, Government Department, Statutory Organization, Association of Persons, or Hindu Undivided Family. The name entered here must match the entity’s legal documentation exactly. A mismatch between the name on the application and the name on company incorporation documents or the partnership deed is a procedural objection ground that requires correction through Form TM-M under Rule 37 of the Trade Marks Rules 2017.

The Applicant’s Agent section pre-populates from the logged-in account if filing through a registered attorney or agent. The Registration No. field applies to Registered Trade Marks Agents and should contain the agent’s registration number if applicable.

The Trademark section — mark category and declaration

The Category of Mark dropdown offers: Word mark, Device mark, Colour, Three Dimensional trademark, and Sound. Select the category that matches what is being filed. A wordmark application with a logo uploaded under Device mark, or vice versa, creates a representation inconsistency that complicates examination.

The Trade Mark text field accepts the mark itself. For a wordmark, enter the word or words exactly as they will appear on the register. For a device mark, the graphic representation is uploaded separately and the text field may carry a description of the mark.

Below the trademark entry, the form presents the question “I have searched the applied trademark using AI/ML based Public Search” with Yes and No options. This is a statutory declaration, not a portal function. The AI/ML public search tool is a separate facility on the IP India portal. If the search was conducted before this session was opened, tick Yes. If it was not conducted, tick No. Be aware that proceeding without a search and later receiving an Examination Report citing a similar mark is a significantly weaker position than one where the search was conducted and the risk was assessed.

Goods and services description

The goods and services description field is the most frequently objected-to element of Form TM-A. The class heading alone, for example “all goods in Class 25”, is not acceptable. The Trade Marks Rules 2017 require that the specification of goods and services correspond to the goods and services published by the Registrar under the NICE Classification, and the Manual of Trade Marks confirms that applications seeking registration for all goods in a class or a large variety of goods will be refused unless justified by actual or intended use. The description must list specific items: “T-shirts, jeans, casual footwear, jackets” under Class 25, not “clothing.”

The description sets the scope of protection permanently. Under the Trade Marks Act 1999, the specification can be narrowed after filing by amendment on Form TM-M (Rule 37, Trade Marks Rules 2017), but it can never be broadened. An overly narrow description loses protection for goods the business actually uses the mark on. An overly broad description draws a Section 9 or procedural objection requiring a reply, and the cost of that reply plus any hearing fees typically exceeds what a correctly drafted description would have cost at filing. For a detailed guide to distinctiveness requirements and how descriptions are assessed, see distinctiveness vs descriptiveness of trademarks.

For device marks, you will see two statuses in your application timeline after filing: “Send to Vienna Codification” and “Vienna Codification Done”. Vienna coding is a Registry function: the Vienna Codification Section of the Trade Marks Registry assigns codes from the International Classification of the Figurative Elements of Marks to the figurative elements in your logo. The applicant does not enter or provide Vienna codes anywhere on Form TM-A or the portal. The examiner then uses these Registry-assigned codes to search for prior marks with similar figurative elements during examination. For a broader explanation of how Vienna codes feature in trademark searches, see Vienna codes in trademark search.

The NICE Classification reference for acceptable descriptions per class is available through Intepat’s trademark class search tool and the India trademark classification guide.

Statement as to use — the fork that matters most

The Statement as to Use section contains two checkboxes. “Proposed to be used” covers marks that are not yet in commercial use at the date of application. No affidavit is required at filing for a proposed-to-be-used application. “The mark is used by the applicant or its predecessor in title since [date] in respect of the goods and services mentioned in the application” covers marks already in commercial use.

If prior use is claimed, the date of first use must be entered in DD/MM/YYYY format. This date must be supported by the affidavit filed under Rule 25(2). The affidavit must cover all goods and services in the description. If the mark has been used only for some items in the class, the use claim should be confined to those items, and the remaining items can be covered on a proposed-to-be-used basis.

Claiming a use date that is earlier than what documentary evidence supports (invoices, advertisements, labels) creates a vulnerability in opposition proceedings. A third party who challenges the use claim and establishes that the stated date is incorrect can use that finding against the applicant’s priority position. The use date is a legal statement, not a marketing estimate.

Trademark Filing Fees in India — 2026 Table

The government filing fee for Form TM-A is ₹4,500 per class for individuals, startups, and MSMEs, and ₹9,000 per class for companies and all other entities. The filing fee under Form TM-A is charged per class and varies by applicant type.

To qualify for the concessional rate, an MSME applicant must hold a valid Udyam Registration. A startup must hold a valid Startup India Certificate. The qualifying certificate must be uploaded during the filing session. It cannot be submitted after payment to claim a refund of the fee differential, and the fee category cannot be amended post-submission.

For a multiclass application, the applicable fee is multiplied by the number of classes. A company filing in three classes pays ₹27,000 in government fees. An individual with Udyam registration filing in three classes pays ₹13,500. For the complete fee schedule including renewal and other forms, see the trademark registration fees in India guide.

How to File Form TM-A Online: From Preview to Acknowledgement

The portal presents five action buttons at the bottom of the TM-A form: Save & Exit, Save & Resume, Attach Documents, Preview, and Digitally Sign & Submit.

Save & Resume preserves the draft without submitting. Use it frequently during a long session. Drafted forms are deleted after 30 days if not submitted.

Attach Documents is where TM-48, the prior use affidavit, the Udyam certificate, and any other supporting documents are uploaded before signing. Documents uploaded here are attached to the application permanently.

Preview generates a PDF of the application exactly as it will be filed. Review every field, including the applicant name, the class, the goods and services description, and the use claim date, before proceeding to signing. Once a Form TM-A is digitally signed and submitted, it is permanent.

Digitally Sign & Submit triggers the signing process through whichever route was registered on the account, either Class 3 DSC USB token via the Browser Signing Solution or eMudhra eSign via OTP. After signing, the application goes to the payment gateway. Successful payment generates the acknowledgement receipt.

The acknowledgement receipt is the proof of filing. Download it immediately. The applicant is entitled to use the ™ symbol from this date. For what the registration certificate looks like once the process is complete, see registered trademark certificate India.

After Filing — What the Portal Status Actually Means

Reading your application status

Trademark application status on the IP India portal reflects procedural stages, not final outcomes. “Objected” or “Awaiting Reply to Examination Report” does not mean rejection. The IP India portal displays application status at each stage. The sequence runs as follows.

“Objected” or “Awaiting Reply to Examination Report” does not mean the application has been rejected. The Examination Report is the examiner’s formal notification of queries or objections, serving as an invitation to respond and justify registration, not a refusal. Approximately one in three applications receives an Examination Report. It is a normal stage of the process, not an exceptional one.

The most common grounds for an Examination Report are Section 9 objections, where the mark is not distinctive, is descriptive of the goods, or consists of customary trade terms, and Section 11 objections, where the mark is similar to an existing registered mark and likely to cause confusion. Understanding which ground applies determines the correct response strategy. For a detailed explanation of both grounds and how examiners apply them, see Section 9 and 11 grounds for refusal of trademark in India.

The ™ symbol is permitted from the date of filing once the acknowledgement number is received. The ® symbol is permitted only after the Trademark Registration Certificate is issued. Using ® before registration is a violation under the Trade Marks Act 1999. It can be cited against the applicant in disputes and creates a misleading impression of registered status that weakens credibility with the Registry and in any opposition proceedings.

The one-month window the Registry will not remind you about

Deadline: One month from the date of the Examination Report. Consequence: Failure to reply within this period results in the application being treated as abandoned. The Examination Report is sent to the email address provided in the application and is published on the IP India website against the application number. The Registry now sends reminder communications to the same email address, but these cannot be relied upon as a substitute for active status monitoring. If no reply is filed within one month of the Examination Report, the application is marked as abandoned automatically. There is no grace period, and practical recovery options are very limited. In most cases the only route is to file a fresh application, accepting a new priority date and paying fresh government fees.

For a complete guide to reading and tracking each status on the IP India portal, see how to check trademark application status India. If the Examination Report response does not satisfy the examiner, the case proceeds to a Show Cause Hearing. For what to expect at that stage, see trademark show cause hearing India.

Seven Filing Decisions That Cost More to Fix Than to Get Right

The following seven situations appear routinely in practice. Each represents a decision made at filing that cannot be corrected cheaply, if at all, after the application is submitted.

1. Filing as an individual when the business is a company. The trademark belongs to whoever is named as applicant. If the founder files in their personal name to save the fee differential between individual and company rates (₹4,500 versus ₹9,000 per class), the registered trademark will belong to that individual permanently. Assigning it to the company later requires a formal deed of assignment, stamp duty at the applicable state rate, and recording with the Registry. The combined cost typically exceeds the fee saving, and the process takes months during which ownership is ambiguous.
2. Filing a device mark when a wordmark provides broader protection. A stylised logo mark protects only that specific visual representation at the dimensions filed. When the brand evolves, as most do, and the logo is updated or modernised, the registered mark may no longer match commercial use. A wordmark covers the name in all fonts, colours, and design treatments. For most businesses at the application stage, the wordmark is the stronger and more durable choice.
3. Using the class heading as the goods and services description. “All goods in Class 25” will not survive examination. The description must be specific. The response to an Examination Report citing an inadequate description requires a practitioner reply and, in contested cases, a Show Cause Hearing. The combined cost of professional representation for that response plus any hearing fees substantially exceeds the cost of a correctly drafted description at filing.
4. Ticking No on the AI/ML Public Search declaration when no search was conducted. If a similar mark is subsequently cited in the Examination Report, the declaration that no search was done weakens the applicant’s position. It signals to the examiner that the applicant proceeded without checking, which is relevant to the examiner’s assessment of the applicant’s good faith in adopting the mark.
5. Using the general eMudhra website instead of the IPINDIA-specific link. The subscription plan created through the general portal is incompatible with IP India’s signing requirements. The eSign will not authenticate at the “Digitally Sign & Submit” step. The draft form, which may have taken hours to complete, will sit unsigned. Drafted forms are deleted after 30 days. If the 30-day window lapses, the session is lost and the form must be re-entered from the start.
6. Missing the one-month Examination Report window. The application is abandoned silently once the one-month period lapses. The priority date is lost. A fresh application means new fees, a new priority date, and a gap during which a competitor could file the same mark and acquire an earlier priority date over the original applicant.
7. Displaying the ® symbol before the Trademark Registration Certificate is issued. Using it during the application period, even after receiving the acknowledgement number, misrepresents the legal position of the mark. The Trade Marks Act 1999 treats this as a violation. In any dispute arising during the application period, the premature use of ® can be raised by the opposing party and damages the applicant’s credibility before the Registry.

Frequently Asked Questions