Get Trademark Registration explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Trademark Registration is one of the most common registrations Indian businesses ask us about. This complete guide covers what it is, who needs it, the documents, the exact process, fees, validity and the penalties for non-compliance — everything in one place.
What is Trademark Registration?
Trademark Registration is granted by the Controller General of Patents, Designs & Trade Marks (Trade Marks Registry), via ipindia.gov.in under the Trade Marks Act, 1999. It is the legal authorisation that lets an eligible person or business operate in compliance with the applicable rules.
Who needs Trademark Registration?
- Businesses, startups and individuals wanting to protect a brand name, logo or slogan
- Proprietors seeking exclusive rights and the ® symbol
- Anyone expanding a brand who wants to prevent copycats and infringement
Benefits of Trademark Registration
- Exclusive legal right to use the brand and the ® symbol
- Power to sue for infringement and passing off
- A valuable, licensable and transferable business asset
- Nationwide protection for goods/services in the registered class
Documents required
- Logo / wordmark in the exact form to be registered (soft copy)
- Applicant details — PAN and address proof of individual / entity
- Udyam/MSME or startup recognition certificate (to claim the reduced fee)
- Form TM-M agent authorisation (rule 19; earlier TM-48 Power of Attorney), if filed through an agent
- Proof of first use of the mark, if already in use
- Incorporation certificate / partnership deed for entities
Trademark Registration process — step by step
- Conduct a trademark search — Search the IP India database to confirm the mark is available in the relevant class.
- Identify the class — Choose from the 45 Nice classes covering your goods/services.
- File Form TM-A — Submit the application online with the mark, applicant details and specification of goods/services.
- Examination — The Registry examines the mark and may issue an examination report; file a reply if objections are raised.
- Publication in the Journal — If accepted, the mark is published for 4 months for third-party opposition.
- Registration — If unopposed (or opposition is decided in your favour), the mark is registered and the certificate with ® is issued.
Fees, timeline and validity
| Particular | Details |
|---|---|
| Government fee | Government fee is ₹4,500 per class for individuals/startups/small enterprises (with Udyam/MSME) and ₹9,000 per class for others, filed online. |
| Professional fee (typical) | ₹1,500 – ₹6,000 per class (professional fee for search, drafting and filing) |
| Processing time | The ™ symbol can be used immediately after filing; full registration (®) takes 12–24 months if unopposed. |
| Validity | 10 years from the date of application, renewable indefinitely in 10-year blocks. |
Penalty for non-compliance
Using a mark without registration offers only limited common-law protection; infringing a registered mark can attract injunctions, damages and, under the Act, imprisonment and fines for counterfeiting.
Related guides on Trademark Registration
- Documents Required for Trademark Registration
- Trademark Registration Eligibility Criteria
- Trademark Registration Fees & Government Charges
- Trademark Registration Process Step by Step
- Benefits of Trademark Registration
- Trademark Registration Renewal: Process and Validity
- How to Cancel or Surrender Trademark Registration
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Talk to an expert →Frequently Asked Questions
What is Trademark Registration and who issues it?
Trademark Registration is issued by the Controller General of Patents, Designs & Trade Marks (Trade Marks Registry), via ipindia.gov.in under the Trade Marks Act, 1999. Businesses, startups and individuals wanting to protect a brand name, logo or slogan.
What documents are required for Trademark Registration?
Key documents include: Logo / wordmark in the exact form to be registered (soft copy); Applicant details — PAN and address proof of individual / entity; Udyam/MSME or startup recognition certificate (to claim the reduced fee); Form TM-M agent authorisation (rule 19; earlier TM-48 Power of Attorney), if filed through an agent.
What are the fees for Trademark Registration?
Government fee is ₹4,500 per class for individuals/startups/small enterprises (with Udyam/MSME) and ₹9,000 per class for others, filed online. Professional assistance typically costs ₹1,500 – ₹6,000 per class (professional fee for search, drafting and filing).
How long does Trademark Registration take and how long is it valid?
The ™ symbol can be used immediately after filing; full registration (®) takes 12–24 months if unopposed. 10 years from the date of application, renewable indefinitely in 10-year blocks.
What happens if I don't get Trademark Registration?
Using a mark without registration offers only limited common-law protection; infringing a registered mark can attract injunctions, damages and, under the Act, imprisonment and fines for counterfeiting.