"We've used this name for six years, everyone knows us by it" is the sentence a lawyer hears just before explaining that someone else registered it last spring. Prior use counts for something in Indian law. It counts for a great deal less than a certificate, and proving it costs more than registration ever would have.
A trademark registered under the Trade Marks Act, 1999 gives you the exclusive right to use that mark for the classes it covers, for 10 years and renewable indefinitely, at ₹4,500 per class online for an individual, startup or MSME.
The bottom line
What it costs: ₹4,500 per class online for individuals, sole proprietors, DPIIT-recognised startups and MSMEs; ₹9,000 per class for companies, LLPs and partnerships.
How long it takes: roughly 9 to 18 months in a straightforward case, though you may use "TM" from the day you file.
What it does not cover: classes you did not register in. A clothing registration in Class 25 does nothing to stop the same name appearing on cosmetics in Class 3.
What a trademark is
A trademark is any sign that distinguishes one business's goods or services from another's: a word, a name, a logo, a symbol, a shape, a slogan, or a combination. What it does for a consumer is signal a single commercial source, which is why the legal test always comes back to confusion.
Registration gives the owner the exclusive right to use the mark for the goods or services it covers, and a statutory route against imitators.
Why registration beats reputation
Without registration your only remedy is a passing off action, the common law protection for an unregistered but reputed mark. It works, and it is slow, expensive and evidence-heavy, because you have to establish your reputation, the misrepresentation and the damage from scratch each time.
With registration you sue for infringement instead. You get the exclusive right nationwide for the registered classes, the right to use the ® symbol, and an asset you can license, franchise or sell. Of all the IP rights, this is the only one that can last forever.
The classes, and why they decide everything
The NICE Classification divides goods and services into 45 classes — Classes 1 to 34 for goods, 35 to 45 for services. You register within the classes relevant to your business, and each class needs its own application and its own fee.
Protection is class-specific and this is where under-filing hurts. A restaurant registering only its restaurant services has not protected the same name on packaged food. Registering in every class that matters costs more today and costs far less than watching a competitor operate legally beside you.
Step by step
- Search the IP India public database for identical or deceptively similar marks. Skipping this is the leading cause of rejection, and it is free.
- Identify the correct classes for your goods and services.
- File Form TM-A online through the IP India portal, with the mark, the applicant details, the classes, and the date of first use if the mark is already in use. If an agent files for you, a Power of Attorney in Form TM-48 is required.
- Pay the government fee per class. From filing you may use the "TM" symbol.
- Answer the examination report. The Registrar examines the application and may object — commonly that the mark is generic, descriptive, or similar to an existing one. You reply in writing, with a hearing if needed.
- Publication in the Trade Marks Journal. An accepted mark is published for a period, commonly four months, during which any third party may oppose it.
- Registration. With no opposition, or once you win one, the Certificate of Registration issues and you may use ®. A clean application takes roughly 9 to 18 months.
The fees
Charged per class, per application:
- ₹4,500 per class online for individuals, sole proprietors, DPIIT-recognised startups and MSMEs — a 50% concession under the Trade Marks Rules, 2017. Physical filing costs ₹5,000.
- ₹9,000 per class online for companies, LLPs, partnerships and larger entities. Physical filing costs ₹10,000.
To claim the concession you must submit valid proof: a DPIIT startup recognition certificate or an Udyam registration. Renewal on Form TM-R is ₹9,000 online, with a surcharge if you renew after expiry. Professional fees, if you use an agent, sit on top of all of this.
Who can apply
Any individual, proprietor, company, LLP, partnership, trust or society, Indian or foreign. You need neither an existing registration nor active sales — a genuine intention to use the mark is enough to file, which is why sensible founders file before launch rather than after.
What cannot be registered
Marks that are generic, purely descriptive, deceptive or offensive are refused, as are marks identical or deceptively similar to one already on the register. Geographical names and common surnames are difficult.
The descriptive trap catches new businesses most often. A name that plainly describes the product — "Fresh Milk" for milk — is easy to think of, easy to remember, and close to impossible to protect, because the law will not let one trader monopolise the words every competitor needs.
Registration also lapses if not renewed every 10 years, which is how businesses lose marks they spent two decades building.
How courts judge confusion
In the long-running dispute over "Glucon-D" against a confusingly similar "Glucose-D" style mark, the point that decided it is the point that decides most of these cases: the comparison is made through the eyes of an average buyer with imperfect recollection, not a careful expert holding both packets side by side.
That standard is more generous to the trademark owner than people expect. Small differences in similar product categories will not save an imitator. It also cuts the other way — it is exactly why a thorough search before filing matters, because a mark you think is distinct enough may not be.
Common mistakes
- Filing without searching, then losing the fee to an objection that a five-minute search would have shown.
- Picking a descriptive name that is cheap to remember and impossible to defend.
- Registering in too few classes and leaving the gap a competitor walks into.
- Using ® before registration is granted. It is a misrepresentation and it is punishable.
- Missing the renewal and losing rights built over years for the price of a form.
- Letting an examination report or an opposition deadline pass, which causes the application to lapse entirely.
Frequently asked questions
Can I file a trademark myself, without a lawyer? Yes. The online process is usable by an applicant directly, though professional help reduces the risk of objections from misclassification or weak drafting.
How long does registration last? Ten years, renewable indefinitely in successive 10-year terms.
Do startups really pay half? Yes. DPIIT-recognised startups and Udyam-registered MSMEs pay ₹4,500 per class instead of ₹9,000, on submitting valid proof.
When can I use the ® symbol? Only after registration is granted. Use "TM" from the date you file until then.
Someone is already using my name but has not registered it. What now? Registration may still be possible, and their prior use can be raised against you in opposition. Search first and take advice before filing.
Does an Indian registration protect me abroad? No. Trademark rights are territorial. The Madrid Protocol is the usual route to extend protection to other countries.