Registering your brand gives you the exclusive right to use it for the goods or services covered, across India, for ten years at a time. Here is how the process actually runs.
1. Check that the mark is available
Before filing, search the Trade Marks Registry for identical and similar marks. Look for marks that sound the same, not just ones spelt the same, and check related classes. A mark like "Kaveri" can conflict with "Kaaveri" or "Cauvery" for the same products.
2. Pick the right class
India follows the Nice Classification of 45 classes — 1 to 34 for goods and 35 to 45 for services. Spices fall in Class 30, cosmetics in Class 3, software in Class 9, and restaurants in Class 43. If you sell in several categories, you may need several classes. Use our trademark class finder.
3. File the application (Form TM-A)
The application states the applicant, the mark, the class, a description of goods or services, and the date of first use (or "proposed to be used"). If you claim prior use, keep invoices or labels ready. You receive an application number on the day of filing and can start using the ™ symbol.
Government fee: ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 per class for others (e-filing).
4. Examination
An examiner checks the application against the law and earlier marks. The report may accept the mark or raise an objection — usually under Section 9 (the mark is descriptive or not distinctive) or Section 11 (it conflicts with an earlier mark). A reply is generally due within one month.
5. Advertisement in the Trade Marks Journal
Once accepted, the mark is published in the Journal. For four months, anyone can oppose it.
6. Registration
If no opposition is filed, or an opposition is decided in your favour, the mark is registered and the certificate issued. From then on you may use the ® symbol.
How long does it take?
Without objections or oppositions, registration usually follows in about 8 to 12 months. Objections and oppositions add time, but your rights date back to the filing date.
Common mistakes
- Filing a descriptive name like "Pure Masala" for spices and expecting easy registration.
- Choosing the wrong class or a vague description.
- Using ® before registration — this is an offence.
- Not watching the Journal for copycat marks after registration.
This guide explains the general position in India. Fees and rules change; your facts may change the answer. Speak to us before acting on it.