Trademark registration in India 2026: fees, classes, steps, time

In short

A trademark can be a word, logo, combination, colours, shape or sound. Apply in each of the 45 classes you trade in (1-34 goods, 35-45 services).
The government fee is per class, per mark: ₹4,500 by e-filing for individuals, recognised startups and small enterprises, ₹9,000 for everyone else.
The path: search, file Form TM-A online, examination, reply to any objection within one month, advertisement in the Trade Marks Journal, four months for opposition, then the certificate.
Use ™ from the day you apply. Use ® only after registration: a false "registered" claim can cost 0.5% of turnover or ₹5 lakh, whichever is less.
Registration lasts 10 years from the application date and can be renewed for 10 years at a time, indefinitely.

What you can register and who can apply

Type of mark	Example
Word mark	The brand name in plain letters: protects the name in any style
Device mark (logo)	A logo, label, sticker, monogram or a name in a particular design
Colour, shape or packaging	A colour combination, the shape of goods or their packaging
Sound mark	A jingle, filed as an MP3 of up to 30 seconds with its notes

A word mark is usually the first to file, because it protects the name however it is written. A logo can be filed separately.

Anyone who claims to own a mark, already in use or proposed to be used, can apply.
Proprietorship: files in the proprietor's own name, "trading as" the business name.
Partnership firm: the names of all partners are given. Companies, LLPs, trusts, societies and HUFs apply in their own name.
Foreign applicants give an address for service in India.

Classes: register for what you sell

India uses the international Nice classification: 45 classes, 1 to 34 for goods and 35 to 45 for services. Protection covers only the classes you file in, so pick every class your business really uses or plans to use. One application can cover several classes, with one fee per class, and gets one certificate.

Classes small businesses often need
Class	Covers, for example
9	Software sold or downloaded, apps, electronics
25	Clothing, footwear, headwear
30	Coffee, tea, bakery products, spices, cereal-based snacks
35	Advertising, business management, retail and online store services
41	Education, training, coaching, entertainment
42	Software development, IT services, software as a service
43	Restaurants, cafes, catering, hotels

Government fees

Per class, per mark, e-filing (paper filing costs more)
Form	For	Individuals, startups, small enterprises	Others
TM-A	New application	₹4,500	₹9,000
TM-M	Expedited examination (online only)	₹20,000	₹40,000
TM-R	Renewal every 10 years	₹9,000	₹9,000
TM-O	Opposition, or the counter-statement to one	₹2,700	₹2,700
TM-M	Extension of time	₹900	₹900
TM-P	Recording a new owner (assignment)	₹9,000	₹9,000

To pay the lower fee, a startup gives its DPIIT recognition certificate and a small enterprise its MSME (Udyam) registration with the application.
Renewal in the six months after expiry adds a surcharge of ₹4,500; restoration after that adds ₹9,000.
The fees have not changed since the Trade Marks Rules, 2017. Professional fees, if you use an agent, are separate.

What you need to file

The applicant's name, address and type (individual, firm, company and so on), and the trading name.
The mark: for a logo, a clear image not larger than 8 cm x 8 cm, in colour if you claim the colours.
The goods or services, described in the words of the class.
The date of first use, if the mark is already in use, with a user affidavit and proof (invoices, advertisements, website pages). Without it, the mark is filed as "proposed to be used". The use claimed cannot be changed later.
If an agent files for you, the agent's authorisation on Form TM-M.
The startup or MSME certificate, for the lower fee.
A translation and transliteration of words that are not in English or Hindi.
To claim priority from a foreign application made in the last six months, a certificate from that office.

The steps, from search to certificate

Search the Trade Marks Registry's public search for identical or similar marks in your classes. Most objections come from marks a search would have shown.
File Form TM-A on the IP India e-filing portal and pay the fee. You get an application number straight away and can start using ™.
Formality check. Any deficiency must be fixed within one month of the notice, or the application is treated as abandoned.
Examination. The examiner searches earlier marks and issues an examination report if there is an objection: on absolute grounds (section 9: not distinctive, describes the goods, a common term) or relative grounds (section 11: an earlier similar mark likely to confuse the public).
Reply within one month of receiving the report; the Registrar can extend it by up to one month on Form TM-M. There is no fee for the reply. If the reply does not satisfy the examiner, a hearing follows, which can be by video.
Acceptance and advertisement in the Trade Marks Journal.
Opposition. Anyone may oppose within four months of the advertisement; this period cannot be extended. If someone does, you must file a counter-statement within two months, or the application is treated as abandoned.
Registration. With no opposition (or one decided in your favour), the certificate is issued automatically. The registration counts from the application date.

How long it takes

The Act aims to register a mark within 18 months of filing when it is accepted and not opposed. In practice the time depends on the Registry's workload and on whether there is an objection or opposition.
Expedited examination (Form TM-M, online only) is ordinarily examined within three months of the request. It speeds up examination, not the four-month opposition window.
An application that is not answered on time is treated as abandoned, so keep a watch on the application status and your e-mail.

™, ®, renewal and keeping the mark

™ can be used any time. ® or the word "registered" may be used only for a mark registered in India. Since 1 August 2024 a false claim carries a penalty of 0.5% of turnover or ₹5 lakh, whichever is less.
Renew within the year before the 10 years end; the Registry sends a reminder up to six months before. A six-month grace period follows with a surcharge, and the mark can be restored within one year of expiry.
Use it. A registered mark not used for five continuous years can be removed on someone else's application.
Earlier users keep their rights. Someone who used the same mark before your first use or registration can carry on using it, so register early and search beyond the register.
Only a registered mark can be enforced in an infringement case; an unregistered one relies on passing off, which is harder to prove.
A new owner records the transfer on Form TM-P.

Questions people ask

What is the government fee for trademark registration?

₹4,500 per class by e-filing for individuals, recognised startups and small enterprises, and ₹9,000 per class for others. Paper filing costs ₹5,000 or ₹10,000.

How long does trademark registration take?

The Act aims for 18 months from filing when the mark is accepted and not opposed. An objection, a hearing or an opposition adds time. Expedited examination brings the first examination to about three months.

Can I use ® after filing the application?

No. Use ™ after filing. ® or "registered" is only for a mark registered in India; a false claim can cost 0.5% of turnover or ₹5 lakh, whichever is less.

How long is a trademark valid?

10 years from the application date, renewable for 10 years at a time without limit.

What if my trademark gets an objection?

Reply to the examination report within one month (the Registrar can extend this by up to a month). If the reply is not accepted, a hearing follows. An unanswered report can lead to the application being treated as abandoned.

Can a proprietorship register a trademark?

Yes, in the proprietor's own name, trading as the business name. The fee is the lower ₹4,500 a class because the applicant is an individual.

Do I need a separate application for each class?

No. One application can cover several classes, with the fee paid for each class, and one certificate is issued.

Sources

Written from these official pages and notifications, checked on 4 Nov 2026. Rules change by notification: before you act, check the latest position or ask us.

General information, not legal or tax advice for your case. Parishrama Consulting Services is a private firm, not a government office.

Trademark registration in India: search, classes, fees and steps