A trademark is the legal claim on your brand name, logo or tagline. Without it, a competitor — or a marketplace seller copying your listing — can use your name, and you have little recourse. Registration is cheaper than most people think, and the search is free.
Cost in 2026
| Applicant | Government fee per class (e-filing) |
|---|---|
| Individual, startup (DPIIT), MSME (Udyam registered) | ₹4,500 |
| Company, LLP, partnership (non-MSME) | ₹9,000 |
| Professional fees (optional; agent/attorney) | ₹3,000–₹15,000 |
Physical filing costs 10% more. Registration lasts 10 years, renewable indefinitely (₹9,000 per class). If you have a Udyam certificate, use it — it halves the fee. Get Udyam first.
Classes: what you are protecting
Trademarks are registered per class of goods/services (45 classes under the Nice classification). Common ones:
| Class | Covers |
|---|---|
| 25 | Clothing, footwear |
| 29, 30 | Packaged foods; tea, coffee, snacks, spices |
| 35 | Retail, e-commerce, advertising, business services |
| 41 | Education, coaching, entertainment |
| 42 | Software, SaaS, IT services |
| 43 | Restaurants, cafés, hotels |
| 44 | Salons, clinics, wellness |
| 9 | Apps, electronics |
| 3 | Cosmetics, soaps |
A D2C clothing brand selling online typically files in 25 and 35. Each class is a separate fee.
Step 0: search (free, do it today)
Go to ipindiaonline.gov.in → Trade Marks → Public Search. Search your name (and phonetic variants) in your classes. If an identical or similar mark exists in the same class, pick another name now — before the signboard, domain and packaging. Also check the domain and social handles; the favicon generator and letterhead can wait a day.
The five stages
1. Filing (Form TM-A) — day 1
Online on the IP India portal with a Class 3 DSC (or through an agent). Provide the mark (word or logo image), class(es), goods/services description, applicant details, user date ("proposed to be used" or since a date with proof). You get an application number the same day — from that moment you may use ™.
2. Examination — 1 to 6 months
The examiner checks for conflicts and objections (descriptive marks, similar existing marks). If an examination report issues, reply within 30 days with arguments and evidence of use. Most objections on distinctiveness are overcome by showing the mark is not merely descriptive or by disclaiming a common word.
3. Publication in the Trade Marks Journal — 4 months window
Accepted marks are advertised. Anyone may oppose within four months. Oppositions are uncommon for small brands; if one comes, counter-statement within two months.
4. Registration — typically 8 to 18 months from filing
Certificate issued; you may use ®. Using ® before registration is an offence.
5. Renewal — every 10 years
Six months before expiry; a 6-month grace with surcharge.
Word mark or logo?
A word mark (plain text) protects the name in any font or colour and is the stronger, more flexible filing. Register the logo separately if it is distinctive. Start with the word mark.
After registration
- Add ® to packaging, website footer and social posts; mark your brand in Organization schema.
- Enrol in Amazon Brand Registry / Flipkart brand protection — a registered (or pending, in some cases) trademark is the entry ticket, and it lets you remove copycat listings.
- Record it with Customs (IPR enforcement) if you import branded goods.
- Watch the journal for confusingly similar filings; oppose early.
Common mistakes
- Descriptive names ("Best Quality Rice") — refused or weak. Coined or suggestive names register easily.
- Filing in one class only, then expanding into another — file for what you'll sell in 3 years.
- Missing the 30-day examination reply — the application is abandoned.
- Not using the mark for 5 years after registration — vulnerable to cancellation for non-use.
FAQ
Can I register a trademark myself without a lawyer?
Yes, online with a DSC. Many small businesses do; an agent helps most at the examination-reply stage.
How long does trademark registration take?
Straightforward applications: 8–12 months. With objections or opposition: 18–24 months. You can use ™ from day one.
What is the difference between ™ and ®?
™ signals a claim (pending or unregistered); ® means registered — using it without registration is punishable.
Does a company name registration (MCA) protect my brand?
No. Incorporation protects the company name against identical company names only; trademark protects the brand across trade.