Trademark Registration in India: The Complete Guide 2026

A trademark is a distinctive sign, symbol, word, phrase, logo, design, colour combination or combination thereof that identifies and distinguishes the goods or services of one business from those of others. Once registered, a trademark gives the owner the exclusive right to use it for the specified goods/services in India and take legal action against anyone who uses it without permission.

Under the Trade Marks Act 1999, trademarks can include: words (brand names), logos and device marks, slogans and taglines, 3D shapes of products, colour combinations (like Cadbury's purple), sound marks, and combinations of the above.

Trademark registration is class-specific. You must file in the class(es) that correspond to your goods or services. There are 45 classes under the Nice Classification system — Classes 1–34 cover goods, Classes 35–45 cover services.

Common Classes and Examples

• Class 9: Computer software, apps, electronic devices
• Class 25: Clothing, footwear, headwear (fashion brands)
• Class 35: Advertising, business management, retail services
• Class 36: Financial services, insurance, real estate
• Class 41: Education, entertainment, training services
• Class 42: IT services, software development, SaaS
• Class 43: Food and beverage services (restaurants, cafes)
• Class 44: Medical, healthcare and veterinary services
• Class 45: Legal services, security services, social services

Selecting the wrong class is one of the most common mistakes — and it cannot be corrected after filing. Our trademark experts conduct a thorough review of your business activities to select the optimal class(es).

A trademark search on the IP India trademark database is essential before filing. The search identifies:

• Identical or deceptively similar marks already registered in the same class
• Marks under examination or pending opposition that could conflict with yours
• Descriptive or generic terms that are unlikely to be registered

Filing without a search is risky — you pay the government fee and then receive an objection, requiring additional time and cost to respond. Our free trademark search covers the IP India database, the Official Trademark Journal and pending applications.

Step 1: Conduct Trademark Search

Search on ipindia.gov.in for similar marks in your chosen class. Analyse results for potential conflicts.

Step 2: Prepare Application (Form TM-A)

Complete Form TM-A with: applicant details, mark details (word/logo), list of goods/services, class(es), and Power of Attorney (Form TM-48) authorizing your agent.

Step 3: File Application & Pay Government Fee

File on the IP India e-filing portal. Government fee: ₹4,500/class (individuals/startups) or ₹9,000/class (companies). An application number and TM-A acknowledgment are issued immediately — you can use the ™ symbol from this date.

Step 4: Examination Report

The Trademark Examiner reviews the application within 4–12 months. If accepted, a "Accepted and Advertised" order is issued and the mark is published in the Trademark Journal.

Step 5: Journal Publication & Opposition Period

The mark is published in the Official Journal for 4 months. Any third party can oppose registration during this period.

Step 6: Registration Certificate

If no opposition is filed (or if opposition is decided in your favour), the trademark is registered. The Registration Certificate is issued. You can now use the ® symbol.