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5 Step Trademark Registration Process in India
As an entrepreneur, startup founder, or growing business, your brand is your identity. It represents everything you’ve built — your values, reputation, quality, and customer trust. But what happens when someone else starts using your brand name, logo, or tagline without permission? Confusion arises, customers get misled, and your hard-earned reputation is at risk.
Many businesses delay trademark registration thinking it’s a legal formality or something to “do later.” Unfortunately, this delay often leads to costly disputes, loss of branding rights, or lengthy litigation that could have been avoided by acting early.
The good news? The trademark registration process in India is straightforward — if done correctly. With just five clear steps, you can secure exclusive legal rights over your brand and stop others from misusing it.
Let’s walk through each step — whether you’re applying for the first time or looking to protect an existing brand.
A trademark search is the most critical and often skipped step in the registration process. Many assume that having a unique name is enough. But even a creatively coined brand name might resemble an existing trademark, leading to objections or rejection during registration.
You can search publicly using the Trademark Public Search in the IP India Portal or take the help of a trademark attorney for a professional clearance search, especially if your brand involves graphical or multilingual elements.
If the search reveals that a similar or identical trademark is already:
Registered, or
Pending in the same or related class
Then filing your trademark without addressing the conflict may lead to:
Objections under Section 11 of the Trade Marks Act (based on likelihood of confusion with earlier marks)
Opposition during publication by the earlier rights holder
Possible legal disputes or infringement claims after use
In such cases, you should:
Reconsider the trademark entirely if it is too close to a prior mark
Consult a trademark attorney to evaluate the risk of confusion
Explore filing with evidence of prior and continuous use, if applicable
Prepare a legal strategy to distinguish your mark on grounds of visual, phonetic, or conceptual difference — but only if the differences are substantial
🚫 Simply changing the spelling, stylizing the logo, or switching classes does not guarantee safety if the overall impression is still confusingly similar.
Conclusion: If a conflicting mark exists, it is often safer to create a new, distinct brand identity than to risk refusal or litigation. Learn how to conduct search here: Trademark Public Search
Once you’ve completed a comprehensive trademark search and are confident that your chosen mark is available, the next step is to file the trademark application with the Indian Trade Marks Registry. This is a critical milestone — it formally establishes your legal claim over the trademark from the date of filing.
Before initiating the application, gather the following information and documents:
All trademark applications are now primarily filed online via the: 👉 IP India Trademark E-Filing Portal
You must file Form TM-A for a new trademark registration.
🗂 Note: Multi-class applications centralize your filings, but do not reduce the total fee. The official fee applies per class.
| Applicant Type | Fee (Per Class) | Mode of Filing |
|---|---|---|
| Individual / Startup / MSME | ₹4,500 | E-filing |
| All Other Applicants (e.g., LLPs) | ₹9,000 | E-filing |
💡 Tip: If you qualify as a startup or MSME, submit a valid DPIIT or Udyam registration certificate to claim the lower fee.
Once successfully filed, you will receive:
You are now entitled to use the ™ (TM) symbol next to your brand name or logo — indicating that your trademark registration is in progress.
You can track the status of your application using the IP India Trademark Status Tracker.
Intepat offers end-to-end trademark filing services — from document preparation to application tracking. We’ll help you avoid errors, save time, and build long-term protection for your brand.
👉 Let our experts handle your trademark filing today
📞 Book a free consultation → or email us at contact@intepat.com
After your application is successfully filed and acknowledged by the Trademark Registry, it enters the examination phase. During this step, a Trademark Examiner will carefully review your application to ensure it complies with legal and procedural requirements under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017.
This is a critical point in the process — as most trademark refusals or delays happen here due to objections.
The examiner assesses your application on the following grounds:
If any issues are found, the Registrar issues an Examination Report within 30 to 90 days from the filing date.
Possible outcomes:
✅ Accepted Unconditionally – Application proceeds to publication
📝 Accepted with Conditions – Subject to disclaimers or clarifications
❌ Objected – Citing one or more legal/procedural grounds
If objections are raised, the applicant must file a written reply to the Examination Report within 30 days of issuance.
A good response should:
📌 Failure to respond within 30 days will result in abandonment of the application.
If you’re claiming that the mark has already acquired distinctiveness, include:
If the Examiner is not satisfied with your reply, or if the objections are complex, the application may be listed for a Show Cause Hearing.
| Outcome | Next Step |
|---|---|
| Accepted unconditionally | Proceeds to Trademark Journal publication |
| Accepted with conditions | Proceeds after compliance |
| Objection overcome | Proceeds after review of reply or hearing |
| Objection sustained (refused) | Application is refused (appealable) |
Let our experienced trademark attorneys help you navigate objections, prepare persuasive replies, and represent you before the Registrar.
📞 Need help drafting a response or attending a show cause hearing?
➤ Book a Strategy Call →
Once your trademark application is accepted after examination — either unconditionally or after successfully addressing objections — it moves to the Trademark Journal for publication.
This step is not merely procedural. It serves as a public notice that you are seeking exclusive rights over your trademark, and it gives third parties an opportunity to oppose your claim if they believe it conflicts with their existing rights.
The Trademark Journal, published weekly on the IP India website, serves two core purposes:
Transparency: It publicly informs businesses, rights holders, and the public about pending trademark claims.
Opportunity for Opposition: Anyone — individual or entity — can oppose your trademark if they believe it:
If an opposition is filed using Form TM-O, a quasi-judicial process is initiated by the Registry.
Here’s a snapshot of the opposition proceedings:
| Stage | Timeline | Action Required |
|---|---|---|
| Notice of Opposition | Within 4 months | Filed by the opponent |
| Counter-Statement | Within 2 months | Applicant must respond to the opposition |
| Evidence in Support | Within 2 months | Filed by the opponent |
| Evidence in Reply | Within 1 month | Filed by the applicant |
| Hearing & Decision | As scheduled | Oral arguments; Registrar decides outcome |
📌 Note: If you fail to file the counter-statement within 2 months, your application is deemed abandoned.
| Situation | Outcome |
|---|---|
| No opposition filed | Trademark proceeds to registration |
| Opposition filed and applicant wins | Trademark proceeds to registration |
| Opposition filed and opponent wins | Application is refused |
If no opposition is filed within the 4-month publication window:
Don’t panic. Trademark oppositions are common — especially in competitive sectors. What matters is how quickly and professionally you respond.
📞 Need help with a counter-statement or opposition hearing?
Let Intepat’s experienced trademark attorneys represent your case before the Registry.
If your trademark clears the publication phase without any opposition — or if you successfully overcome opposition proceedings — it proceeds to the final stage: registration.
This is where your brand name or logo officially becomes a registered trademark under Indian law.
Once the Registry accepts your mark for registration:
📥 The certificate can be downloaded from the IP India website. No physical copy is issued.
As a registered proprietor, you now have:
⚠️ Important: Using the ® symbol before official registration is a punishable offense.
Your trademark registration is valid for:
To keep your registration active, you must renew your trademark before it expires.
| Timeframe | Action Required |
|---|---|
| Within 12 months before expiry | File Form TM-R and pay the renewal fee |
| Within 6 months after expiry | File TM-R with late fee (surcharge applies) |
| After 6 months but within 1 year | File TM-R to restore and renew |
Failing to renew in time can result in your trademark being removed from the Register. While restoration is possible, it is time-bound and subject to Registry discretion.
After registration, your trademark is no longer just a name — it becomes a valuable business asset:
💡 A well-maintained trademark portfolio is often seen as a sign of a legally sound and brand-conscious business.
In the fast-moving world of business, your brand is your most valuable identity. It reflects your reputation, values, and promise to customers. But without legal protection, that identity is vulnerable to imitation, misuse, or even theft.
The good news? Trademark registration in India is simple, structured, and effective — if approached with the right strategy. Whether you’re building a new brand or formalizing an existing one, following these five steps:
🔍 Search → 📝 File → 📑 Examine → 📢 Publish → 📜 Register
gives you the legal foundation to protect, enforce, and grow your brand.
Don’t wait until infringement or legal disputes force your hand — act now, while your brand is still under your control.
Whether you’re:
Intepat IP provides end-to-end trademark services with expert legal support, timely action, and transparent communication.
✅ Filing
✅ Objection Handling
✅ Opposition Defence
✅ Renewals & Portfolio Management
✅ International Filing (Madrid Protocol)
📞 Let us protect what you’ve built — before someone else tries to use it.
➤ Book a Free Consultation →
✉️ Or write to us at: contact@intepat.com
No, it is not mandatory. However, it is strongly recommended. Registration grants you exclusive rights, legal enforceability, and protection against infringement — benefits not available for unregistered marks.
You can conduct a free public search via the IP India Trademark Search Portal. It’s best to check for:
Yes. You can file on a “proposed to be used” basis. But if you don’t use the trademark for five continuous years after registration, it may be subject to cancellation for non-use.
You must file Form TM-A via the IP India e-filing portal for new trademark applications.
You can file for multiple classes using a multi-class application. India follows the Nice Classification system (Classes 1–45). Each class attracts a separate fee.
Your application undergoes:
Typically 12 to 18 months, depending on objections or opposition. If the process is smooth, it may take as little as 6–8 months.
Yes. Any third party may file an opposition within 4 months of publication in the Trademark Journal. You will need to file a counter-statement and may be called for a hearing.
Only after your trademark is registered and you receive the Registration Certificate. Before that, you may use the ™ (TM) symbol.
You can renew within:
If not renewed, the trademark is removed from the register.
Yes. Once registered in India, you can use it as a base application for international filings via the Madrid Protocol.
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Working Hours: 09:30 AM - 6:30 PM
(Mon - Fri)
Closed on: Saturday, Sunday & Public Holidays
