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IP India Portal Guide 2026

IP India Portal
(ipindia.gov.in) How-To Guide

Step-by-step guides for trademark search & application, status tracking, objection response, patent search & filing, copyright registration, and design registration.

™️ Trademark Search & Application
🔬 Patent Search & Filing
©️ Copyright & Design Registration
📊 Status Tracking & Objection Response

📌 Quick Reference

TM Portalipindiaonline.gov.in
TM Searchtmrpublicsearch.ipindia.gov.in
Patentsipindiapatents.gov.in
Copyrightcopyright.gov.in
Helpdesk011-2306-2739
TM Valid10 years, renewable
→ Open IP India Portal
How-To Guides

IP India Portal Step-by-Step

📝

Trademark Application (TM-A) — Step-by-Step

01
Create Account on IP India Portal
Visit ipindiaonline.gov.in → Sign Up → Select applicant type (Individual, Startup, MSME, Others). For attorney filing: register as "Attorney/Agent". Get User ID and login credentials.
02
Choose the Right Trademark Class
India follows the Nice Classification (45 classes): Classes 1–34 for goods; 35–45 for services. One application = one class. Multi-class applications are not allowed — file separate TM-A for each class. Common: 35 (retail/advertising), 41 (education), 42 (technology/software).
03
Prepare the Application (TM-A)
Fill: Applicant name, address, nationality, type of mark (word/device/combined/sound/3D), date of first use (or "proposed to be used"), goods/services description (aligned to class), representation of mark (JPG if logo).
04
User Category & Fee
Individual/MSME/Startup: ₹4,500/class (online). Others (company/LLP): ₹9,000/class (online). Filing via attorney: add professional fee. Startups must upload DPIIT/Startup India certificate at time of filing to avail reduced fee.
05
Attach Documents & Submit
Upload: JPG of mark (if device), Priority claim documents (if claiming priority from foreign filing), MSME/Startup certificate (for concessional fee). Submit form → Payment gateway → TM application number allotted instantly.
06
Examination Report
TM examiner reviews within 30–60 days. May issue: (a) Acceptance (goes to publication), or (b) Examination Report with objections (respond within 30 days). Common objections: similarity with existing marks, descriptive/generic nature.
07
Publication & Opposition Period
Accepted mark is published in Trade Marks Journal for 4 months. During this period, third parties can file opposition (TM-O). If no opposition: mark proceeds to registration. Certificate issued (valid 10 years from filing date, renewable indefinitely).
Key Note: Apply as "Proposed to be Used" if your brand is new — you do not need to have been using it yet. Use of the mark begins after application filing. The filing date establishes your priority date against subsequent applicants.
📊

TM Status Tracking & Objection Response — Step-by-Step

01
Track Application Status
Visit ipindiaonline.gov.in → Trade Marks → Track Application Status → Enter Application Number. OR tmrpublicsearch.ipindia.gov.in → Search by Application Number. Status updates in real-time.
02
Download Examination Report
Login → My Applications → View → Download Examination Report. The report specifies objections under Sec 9 (absolute grounds: descriptive, generic) or Sec 11 (relative grounds: similar to existing marks).
03
Respond to Examination Report
File TM Reply (TM-M form) within 30 days of report date. If not responded within 30 days: mark is abandoned. Attach: arguments, evidence of use, distinctiveness evidence, disclaimer, market survey (if applicable).
04
Hearing Request
If examination report objection is not resolved via written reply: Examiner calls for hearing. Login → e-Hearings → Schedule hearing date. Hearings are conducted via video conference on IP India's hearing module.
05
Respond to Opposition (TM-O)
If a third party files opposition during the 4-month journal period: File Counter Statement (TM-O/1) within 2 months. Then exchange of evidence affidavits. Final hearing before Registrar. Entire opposition can take 2–5 years.
06
Download Registration Certificate
Login → My Applications → After registration: Download e-Certificate (digitally signed). Physical certificate is no longer issued — the e-certificate from IP India portal is the valid legal document.
Key Note: Respond to examination reports even for seemingly weak objections — non-response means automatic abandonment. Many objections can be overcome with arguments and evidence of use or acquired distinctiveness.
📋

Patent Filing — Step-by-Step

01
Create IP India Attorney/Applicant Account
Visit ipindiaonline.gov.in → Register → Select type (Applicant / Patent Agent). Applicants can file directly (pro se) or through a registered Patent Agent (mandatory for non-resident applicants).
02
Prepare Patent Application (Form 1 + Complete Specification)
Patent application includes: Form 1 (Application for patent), Complete Specification (title, field, background, summary, drawings, detailed description, claims, abstract). The Claims define the scope of protection — critical to draft precisely.
03
Provisional vs Complete Specification
Provisional Application: Filed when invention is not fully developed — establishes priority date. Complete Specification must be filed within 12 months of provisional. Complete Application: Filed directly with complete specification when invention is finalized.
04
Pay Filing Fee & Submit Form 1
Filing fee: ₹1,600 (e-filing, natural person/startup/MSME); ₹8,000 (e-filing, others) per application. Additional fees for excess pages/claims. Submit Form 1 on IP India online portal. Application number allotted.
05
Request for Examination (Form 18)
Application is NOT automatically examined — you must file Form 18 (Request for Examination) within 48 months of priority date. Fee: ₹4,000–20,000 (based on category). Examination begins after this request.
06
Respond to First Examination Report (FER)
Examiner issues FER with objections (novelty, inventive step, clarity, enablement). Respond within 12 months (extendable by 3 months). Patent granted if all objections resolved. Refused if not resolved satisfactorily.
Key Note: File a provisional application immediately to secure your priority date if your invention is partially ready. This prevents competitors from filing the same invention. Budget 3–5 years for patent prosecution — it is a long process.
Quick Reference

IP Rights Comparison

IP RightWhat It ProtectsDurationFiling Fee (e-filing)Processing Time
TrademarkBrand name, logo, tagline, sound10 years + renewable₹4,500 (Individual/MSME)
₹9,000 (Others)
12–18 months
PatentInventions, processes, compositions20 years from filing₹1,600–₹8,000 (application)
+ ₹4,000–₹20,000 (exam)
3–7 years
CopyrightLiterary, artistic, musical, softwareLifetime + 60 years₹500 (Individual)
₹2,000 (Others)
30–60 days
DesignVisual appearance of articles10 + 5 years₹1,000–₹4,000 per class3–6 months
GI TagGeographical origin of products10 years + renewable₹500 per application12–24 months
Common Questions

IP India Portal FAQs

Can I file a trademark application without a lawyer or agent?+
Yes. Indian individuals and companies can file trademark applications directly (pro se) on the IP India online portal. However, for companies and strategic filings, using a registered trademark attorney is strongly recommended to avoid errors and objections.
What is "™" vs "®" symbol?+
™ (TM): Can be used once you have filed a trademark application — even before registration. It indicates you claim the mark as your trademark. ® (Registered): Can ONLY be used after your trademark is officially registered by the IP India registry. Using ® before registration is illegal.
How long does trademark registration take in India?+
Typically 12–24 months for straightforward applications (no objections, no opposition). If examination objections are raised and need to be addressed, add 6–12 months. If opposed by a third party, it can take 3–7 years for final resolution.
My trademark was objected. What do I do?+
You have 30 days from the date of examination report to file a written reply (TM Reply). If you miss this deadline, the application is treated as abandoned. File a detailed reply addressing each objection with legal arguments, evidence of use, and supporting documents.
Can a trademark registered in India be used globally?+
No. Indian trademark registration gives protection only in India. For international protection, use the Madrid Protocol (WIPO) to extend your Indian trademark to 130+ countries via a single application. File within 6 months of Indian filing to claim priority.
Is copyright registration mandatory in India?+
No. Copyright arises automatically upon creation of an original work — no registration is required. However, registration creates a public record, provides legal presumption of ownership, and is strong evidence in infringement disputes. Highly recommended for software, books, music, and creative works.
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