How long does trademark registration take in India?

An unopposed application usually registers in 6 to 12 months. An examination objection or a third-party opposition adds time, sometimes a year or more. You may use the ™ symbol from the day the application is filed and ® once the certificate issues.

What does trademark registration cost?

The government fee for e-filing a TM-A is ₹4,500 per class for individuals, DPIIT-recognised startups and Udyam-registered small enterprises, and ₹9,000 per class for other applicants. Our professional fee is ₹4,999 per application, which covers the search, the filing and one examination reply; hearings and oppositions are quoted separately.

How long is a trademark valid?

Ten years from the application date, renewable indefinitely for further ten-year terms by filing TM-R before expiry.

My company name is approved by the MCA. Is my brand protected?

No. MCA name approval only stops another company registering the same name. It gives no right to stop others using it on goods or services, and an existing trademark owner can object to your company name. Trademark registration is a separate filing with the Trade Marks Registry.

Which class should I file in?

Trademarks are registered per class of goods or services under the Nice classification (45 classes). A software product is usually Class 9 and Class 42; clothing is Class 25; a restaurant is Class 43. We pick the classes from what you actually sell, and file more than one where the business needs it.

What is the difference between an objection and an opposition?

An objection is raised by the Registry's examiner, usually for descriptiveness or similarity to an earlier mark, and is answered by a written reply and, if needed, a hearing. An opposition is filed by a third party after your mark is advertised in the Journal, and runs as a contested proceeding with evidence from both sides.

Trademark, copyright or design — which one do I need?

A trademark protects the name, logo or tagline that identifies your business. Copyright protects original creative work — code, content, artwork. A design registration protects the look of a product. Many businesses need two of the three; a logo, for example, can be both a trademark and a copyrighted artistic work.

Do I need a startup or MSME certificate for the lower government fee?

Yes. To pay ₹4,500 instead of ₹9,000 the applicant must be an individual, hold DPIIT startup recognition, or hold a Udyam registration as a micro or small enterprise, and the certificate is uploaded with the application. We can obtain the Udyam or DPIIT recognition first if you do not have it.

Can I protect my brand outside India?

Yes. With an Indian application or registration as the base, a single Madrid Protocol application through the Indian office can designate the countries you choose. For markets outside Madrid, or where a direct filing is stronger, we coordinate national filings.

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Trademark Search and Classes — How to Search a Brand Name on IP India (Wordmark, Phonetic and Vienna Code Searches), Choosing the Right Class Among the 45 Nice Classes (1–34 Goods, 35–45 Services), Reading Search Results (Objected, Opposed, Registered, Abandoned), Filing TM-A With the ₹4,500 / ₹9,000 Fee, Using ™ and ®, Examination, Publication, Opposition and the 10-Year Registration

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45 classes

Nice classification — classes 1–34 for goods, 35–45 for services; one application per class (or a multi-class TM-A)

₹4,500 / ₹9,000

Official fee per class online for individuals, startups and MSMEs / for other applicants (paper filing is 10% higher)

30 days

Time to reply to the examination report; the 4-month opposition window opens on publication in the journal

10 years

Registration term from the application date, renewable indefinitely for 10 years at a time

Guide by BookMyCA's Chartered Accountants · pan-India serviceLast verified against official guidelines on 7 September 2026.

Video Explanation & Insights

How to register a brand name — trademark search with the class facility (Hindi)

3 videos on this topic

Searching a brand name on IP India — the three searches

1Open the public search on ipindiaonline.gov.in (Trade Marks → Public Search). Choose the class (or search across classes when the brand will cover several).
2Wordmark search: run 'Start With', 'Contains' and 'Match With' on the name and its obvious variants (spelling, spacing, plural, Hindi transliteration). 'Start With' catches families of marks; 'Contains' catches your word inside longer marks.
3Phonetic search: catches sound-alikes (KWIK/QUICK, SHREE/SRI) — the Registrar objects to marks that sound the same even when spelt differently.
4Vienna code search for logos: classify the device (a lion, a leaf, a shield) by its Vienna code and search the class — a logo can be objected against a similar device even with a different word.
5Read the hits: for each similar mark note the status (Registered, Objected, Opposed, Advertised, Abandoned, Withdrawn, Removed), the class and goods description, the applicant and the application date. A registered or advertised mark for similar goods in your class is a bar; an abandoned or withdrawn one usually is not.
6Judge similarity as the examiner does: visual, phonetic and conceptual similarity and the overlap of goods/services and trade channels — a common word for unrelated goods (Apple for fruit vs computers) can coexist; a near-identical word for the same goods cannot.
7Also check: domain names, social handles, the MCA company-name search (a trademark in your name can block an identical company name and vice versa), and Google for unregistered prior users — prior use defeats a later registration in India.

Descriptive and generic names ('Best Sweets', 'Jaipur Textiles', 'Pure Ghee') fail even when the search is clear — the Act refuses marks that describe the goods or are common to the trade. Coined, arbitrary or suggestive names register; add a distinctive logo when the word is weak.

Classes

Choosing the class — the 45 Nice classes

Business	Class(es) to file	Notes
Restaurant, café, cloud kitchen, hotel	43 (services); 30/29 for packaged foods sold under the brand	Class 43 covers food services; branded products need the goods class
Clothing, footwear, headgear	25; 35 for retail/online store	Fabrics are 24; bags and leather goods 18
Software, apps, SaaS	9 (downloadable software) and 42 (SaaS, IT services); 35 for online marketplaces	Most tech startups file 9 + 42
Food products, snacks, spices, sweets	30 (staples, spices, confectionery), 29 (dairy, oils, processed fruit/veg, meat), 31 (fresh produce), 32 (beverages), 33 (alcohol)	Ghee is 29; namkeen 30; juices 32
Cosmetics, soaps, ayurvedic products	3 (cosmetics), 5 (pharmaceutical/ayurvedic medicines)	Both if the range spans beauty and medicinal
Education, coaching, training	41	Books/e-books 16/9
Consulting, CA, legal, real estate	35 (business/accounting services), 36 (financial, real estate), 45 (legal)	Accounting and tax consultancy sit in 35
Retail, e-commerce, franchising, advertising	35	Plus the goods classes of own-brand products
Machinery, tools, electrical goods	7 (machines), 8 (hand tools), 9 (electrical/electronic), 11 (lighting, heating, cooling)	Solar panels 9; water heaters 11
Jewellery, watches	14	Imitation jewellery too
Furniture, handicrafts, home décor	20 (furniture), 21 (household utensils), 27 (carpets)	Marble/stone products 19
Transport, logistics, travel	39
Construction, real-estate development	37 (construction), 36 (real estate services)

•File in every class where you sell or will sell within a few years; a mark is protected only in its registered classes (with limited spill-over for well-known marks).
•Goods description: list the actual goods/services — 'all goods in class 30' is objected; specific items are accepted.
•Multi-class application: one TM-A can cover several classes at the per-class fee; the whole application moves at the pace of the slowest class, so separate applications suit brands where one class may face objection.

File

Filing to registration — the timeline

Stage	What happens	Time
TM-A filing	Online on ipindiaonline.gov.in with DSC (or through an agent/attorney): applicant, mark (word/device/logo image), class and goods, user date or 'proposed to be used', power of attorney (TM-48). Fee ₹4,500 per class for individuals, startups (DPIIT) and MSMEs (Udyam); ₹9,000 for others; sound/3D marks and collective/certification marks have other fees	Day 1 — use ™ from this date
Formality check and Vienna codification	Registry checks documents and codes the device	1–2 months
Examination report	Objections under section 9 (descriptive/non-distinctive) and/or section 11 (similar prior marks) — or acceptance	3–12 months
Reply and hearing	Reply within 30 days with arguments, evidence of use, distinctiveness, dissimilarity; show-cause hearing if not waived	1–6 months
Publication in the Trade Marks Journal	Accepted mark is advertised; anyone may oppose within 4 months (TM-O); counter-statement within 2 months, evidence rounds, hearing	4 months + opposition proceedings if any
Registration certificate	Issued if no opposition or opposition decided in your favour — use ®; valid 10 years from the application date; renew with TM-R (₹9,000 online per class) within 6 months before expiry	8–14 months uncontested; 2–4 years with opposition

•Startups and MSMEs pay half the fee; DPIIT-recognised startups also get expedited examination at a concessional fee and the SIPP facilitator scheme.
•MSME Innovative (IPR) and some state schemes reimburse trademark registration costs — claim after registration with the certificate and receipts.
•Use it or lose it: a registered mark not used for 5 years from registration can be removed on a third party's application.
•Assignment and licensing: record assignments (TM-P) and licences (registered user, TM-U) — a brand held by a founder personally should be assigned to the company before a funding round.

FAQs

Trademark search and classes: questions we are asked

Yes — ™ signals a claim and can be used from filing (or even before); ® only after the registration certificate; using ® without registration is an offence.

Usually yes — an abandoned application is not a bar; check whether the same party still uses the name in the market, since prior use can still be raised in opposition.

The classes you trade in now and will within a few years; filing all 45 is expensive and invites removal for non-use.

8–14 months if there is no objection or opposition; longer with an examination reply or opposition.

No — MCA registration protects the corporate name; a trademark protects the brand for goods/services. File both searches.

Yes — search report with recommendation, class selection, TM-A filing at the MSME/startup fee, examination replies, opposition support, renewals and assignment to the company.