Trademark filing - protect your brand identity
Filing a trademark application (Form TM-A) on the IP India portal secures your brand name, logo, tagline, or sound against unauthorised use. With the right class selection and a thorough TM-Search, your application has the best chance of smooth examination and registration. Our trademark attorneys manage the complete filing from ₹1,999.
Trademark Filing
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The key facts, in one place
Everything a founder usually has to piece together from five different pages, in one place.
- Governing law
- Trade Marks Act, 1999Administered by IP India
- Application form
- TM-A (Form 48)Filed on ipindia.gov.in
- Filing modes
- Online and OfflineOnline: 10% fee discount
- Trademark classes
- 45 classesNice Classification system
- Validity
- 10 yearsRenewable indefinitely
- Registration timeline
- 18-24 monthsFiling to certificate
- TM symbol
- ™ (immediately)® after registration
- Government fee (online)
- ₹4,500 (individual) / ₹9,000 (company)Per class per application
- TM-Search
- Recommended before filingChecks for conflicting marks
- Our fee from
- ₹1,999Attorney fee per class
What is trademark filing in India?
Trademark filing is the process of submitting an application to register a brand name, logo, tagline, slogan, sound mark, or combination mark with the Controller General of Patents, Designs and Trade Marks (CGPDTM) under the Trade Marks Act, 1999. The application is filed using Form TM-A on the IP India portal (ipindia.gov.in).
A registered trademark gives the owner exclusive rights to use the mark in connection with the goods/services listed in the registration. It provides legal protection against unauthorised use, imitation, or passing off by competitors. The registration is valid for 10 years and can be renewed indefinitely.
The trademark filing process begins with a TM-Search to check whether a similar mark already exists in the trademark registry. This is critical - filing without a search risks rejection on grounds of similarity with an existing mark. Once filed, the application goes through examination by the trademark registry, followed by a possible show-cause hearing, and finally registration if no objections are raised.
Online vs Offline trademark filing
Both methods lead to the same registration, but differ in procedure and fees.
Online Filing (e-filing on IP India)
ipindia.gov.in (TM portal)
Offline Filing (Physical)
IP India trademark registry offices
| Aspect | Online Filing (e-filing on IP India) | Offline Filing (Physical) |
|---|---|---|
| Platform | ipindia.gov.in (TM portal) | IP India trademark registry offices |
| Application form | TM-A (Form 48) | TM-A (physical form) |
| Fee discount | 10% lower than offline | Full fee (no discount) |
| Government fee (individual, per class) | ₹4,500 | ₹5,000 |
| Government fee (company, per class) | ₹9,000 | ₹10,000 |
| Processing speed | Faster - priority processing | Slower queue |
| Tracking | Real-time online tracking | Manual tracking |
| Communication | Online (email / portal) | Physical mail / hearing |
| Recommended | ✓ Yes - preferred by attorneys | ✕ Only if filing issues |
Bizeneed visual guide
Trademark filing - protect your brand identity
File your trademark application (TM-A) online on IP India portal. Class selection, TM-Search, online vs offline filing, government fees, and examination process. Expert trademark attorneys from ₹1,999.
Understand requirement
Prepare documents
Complete filing
Client
Bizeneed
Result
Who should file a trademark?
Any business or individual using a brand name, logo, or identifier should consider trademark registration.
- Startups and new businesses establishing brand identity
- Companies launching new products or services
- Individuals with a personal brand (influencers, consultants, artists)
- Businesses entering new markets or geographies
- E-commerce sellers protecting their store brand
- Companies that have received a cease-and-desist notice
- Businesses whose brand name is being imitated or 'passing off'
By entity type
| Entity | Governed by | Eligible |
|---|---|---|
| Individual / Proprietor | Trade Marks Act, 1999 / IP India | ✓ Yes |
| Partnership Firm | Trade Marks Act, 1999 / IP India | ✓ Yes |
| Private Limited Company | Trade Marks Act, 1999 / IP India | ✓ Yes |
| LLP | Trade Marks Act, 1999 / IP India | ✓ Yes |
| Trust / Society | Trade Marks Act, 1999 / IP India | ✓ Yes |
| Foreign entity (via IP India) | Trade Marks Act, 1999 / IP India | ✓ Yes |
Industries that commonly file trademarks
Technology & SaaS
- App names and logos
- SaaS product names
- Software brand names
- Tech startup trademarks
FMCG & consumer goods
- Product names
- Brand logos
- Taglines and slogans
- Packaging designs
Pharma & healthcare
- Drug brand names
- Healthcare service names
- Medical device logos
- Diagnostic centre brands
Fashion & lifestyle
- Brand names
- Logo marks
- Taglines
- Design elements
What does not qualify
- ✕Generic or descriptive terms cannot be trademarked (e.g., 'Best Tea' for a tea brand)
- ✕Deceptive marks (misleading about origin or quality) are not registrable
- ✕Marks identical or similar to a registered trademark in the same class will be refused
Should you file a trademark?
Answer these questions to assess your trademark filing readiness.
Do you have a brand name, logo, or tagline that distinguishes your business?
Do you know which trademark class your goods/services fall under?
Have you done a TM-Search to check for similar existing marks?
Answer all questions to see your eligibility result.
Documents required for trademark filing
Common to every entity
- Applicant's name, address, and nationalityMandatory
- List of goods/services and their descriptionMandatory
- Soft copy of the trademark (logo / wordmark)Mandatory
- Power of Attorney (Form 48)Mandatory
- Date of first use of the trademark (in India, if applicable)
- User affidavit (if claiming prior use)
Entity-specific
| Entity | Additional documents |
|---|---|
| Individual | PAN, Aadhaar, address proof, soft copy of trademark, Form 48 |
| Proprietorship / Partnership | PAN of firm, partnership deed, address proof, trademark copy, Form 48 |
| Company / LLP | COI/LLP registration, PAN, MOA/AOA/LLP Agreement, address proof, Form 48, board resolution (for company) |
| Foreign entity | Incorporation certificate, address proof, trademark copy, Form 48, priority document (if claiming Paris Convention priority) |
Get the trademark document checklist as a PDF
A one-page checklist for your trademark filing.
How trademark filing works
The trademark registration process in India follows a structured path from filing to registration. Here is the complete journey.
TM-Search and class selection
We conduct a comprehensive search on the IP India database for similar marks in your chosen class(es). We identify potential conflicts and advise on the best class selection. Free TM-Search is included with every filing.
TM-A application preparation
Our trademark attorney prepares the TM-A (Form 48) application with accurate class selection, description of goods/services, and trademark representation (wordmark or logo). The application is filed online on the IP India portal for the 10% fee discount.
Government fee payment and filing
We pay the government fee online: ₹4,500 per class for individuals, ₹9,000 per class for companies. The application is submitted and a filing receipt (acknowledgment) is generated with a trademark application number.
Examination by the trademark registry
IP India examines the application (typically 6-12 months). If there are no objections, the trademark is published in the Trademark Journal. If objections are raised (Section 9 or 11), we advise on filing a response.
Registration and certificate
If no opposition is filed within 4 months of journal publication, the trademark is registered and a Registration Certificate is issued. The trademark is now protected for 10 years from the filing date.
You can file a trademark yourself on the IP India portal for as little as ₹4,500 per class. However, the most common reason for rejection is an identical or similar mark already registered in the same class. A proper TM-Search before filing eliminates 80% of avoidable rejections. Our attorneys do this search for free as part of our service.
Trademark registration timeline
From TM-Search to Registration Certificate - here is the typical timeline.
| Stage | Duration |
|---|---|
| TM-Search and class assessment | 1-2 days |
| TM-A application preparation and filing | 2-3 days |
| Vienna codification (for logo marks) | 3-4 months |
| Formal examination by IP India | 1-2 months |
| Examination report (if no objections) | 6-12 months total |
| Journal publication (if cleared) | After examination |
| Opposition period (4 months) | 4 months from journal publication |
| Registration certificate issuance | 1-2 months after opposition period |
Total timeline from filing to registration: typically 18-24 months if no objections or oppositions are filed. The ™ symbol can be used immediately after filing; the ® symbol is used only after registration.
Trademark filing fees
Government fees are fixed by IP India. Our attorney fee covers the professional work: TM-Search, class selection, application drafting, and filing.
Basic
Single class trademark filing
- TM-Search (free)
- Class selection guidance
- TM-A application preparation
- Online filing on IP India portal
- Filing receipt & tracking
- Email support
Standard
Multi-class filing + attorney support
- Everything in Basic
- Up to 2 classes
- Priority response to examination report
- Hearing representation (if needed)
- Objection reply drafting
- Phone support
Premium
Complete brand protection
- Everything in Standard
- Up to 4 classes
- Opposition handling (if filed)
- Trademark monitoring (1 year)
- Renewal reminder
- Dedicated attorney
Full fee breakdown
| Particulars | Government fee | Professional fee |
|---|---|---|
| Government fee - Individual (per class, online) | ₹4,500 | Included |
| Government fee - Company (per class, online) | ₹9,000 | Included |
| Government fee - Individual (per class, offline) | ₹5,000 | Included |
| Government fee - Company (per class, offline) | ₹10,000 | Included |
| Renewal fee (after 10 years, per class) | ₹9,000 (online) | ₹999 (our service fee) |
| Objection reply (per response) | Nil | ₹2,999 (billed separately) |
| Opposition handling (per opposition) | Nil | ₹9,999 (billed separately) |
| Professional fee - Basic | Nil | ₹1,999 |
| Professional fee - Standard | Nil | ₹4,499 |
| Professional fee - Premium | Nil | ₹7,999 |
Not included in any tier:
- ✕ Government fee for additional trademark classes beyond plan limit
- ✕ Opposition handling (charged per opposition received)
- ✕ Hearing representation at the trademark office (if physically required)
Which trademark filing plan do you need?
Answer three quick questions and we will recommend the right package.
How many trademark classes do you need?
What is your current trademark status?
Do you need ongoing trademark monitoring?
Why file a trademark?
Legal protection
- Exclusive rights - only you can use the trademark for the registered goods/services in the registered class(es)(Trade Marks Act, 1999, Section 28)
- Legal recourse - you can sue for trademark infringement, passing off, and unauthorised use(Trade Marks Act, 1999, Sections 29-34)
- Nationwide protection - registered trademark is protected across India
Business value
- Intangible asset - a registered trademark is a valuable intellectual property that can be licensed, franchised, or sold(Trade Marks Act, 1999, Section 30)
- Brand trust - the ® symbol signals professionalism and legal protection to customers and investors
- Deterrent effect - registered trademarks discourage competitors from imitating your brand
E-commerce & platforms
- Amazon / Flipkart brand registry - most platforms require a registered trademark for brand protection(Amazon Brand Registry requirements)
- E-commerce takedowns - registered trademark simplifies takedown requests for counterfeit products
- Franchise and licensing - registered trademark is mandatory for franchise agreements
Understanding trademark classes - the Nice Classification
- There are 45 trademark classes under the Nice Agreement. Classes 1-34 cover goods (chemicals, cosmetics, machinery, textiles, etc.) and Classes 35-45 cover services (advertising, education, legal, healthcare, etc.). Selecting the right class(es) is critical - your protection only extends to the classes you register in.
- Multi-class applications save money compared to separate filings. Filing a single multi-class application covering 2-3 classes costs less than filing separate single-class applications. However, all classes in a multi-class application must proceed together - if one class faces an objection, the entire application may be delayed.
- You can add classes later - but it costs more. You do not need to file in all 45 classes initially. You can add classes later through separate applications. However, the original filing date is only preserved for the classes filed originally. Additional classes get their own filing date.
Common trademark filing mistakes
Skipping the TM-Search before filing
TM-Search identifies existing marks that could conflict with yours. 70% of trademark objections are similarity-based - a search prevents most of them. We do a free TM-Search with every filing.
Choosing the wrong trademark class
Selecting the wrong class means your protection covers goods/services you do not offer and misses the class you actually need. Our attorneys map your business to the correct class(es) based on the Nice Classification.
Using a descriptive or generic term as a trademark
Terms that describe the product (like 'Sweet Chocolates' for chocolate) cannot be trademarked. Choose a distinctive, fanciful, or arbitrary mark for the strongest protection.
Not using the ® symbol after registration
Using ® signals to competitors and courts that your mark is registered. Without it, you may find it harder to prove willful infringement in court.
Letting the trademark lapse
Trademarks must be renewed every 10 years. Missing the renewal window leads to removal from the register. We send renewal reminders 6 months in advance.
Every rejection above has a fix - most come down to how the innovation note is written, not the business itself. Most applicants don't know that until after the rejection.
If you have already been rejected, or want to make sure it does not happen, the 15-minute call below is the fastest path.
Trademark maintenance calendar
Once registered, a trademark requires periodic maintenance to stay protected.
| Form | Trigger | Due date |
|---|---|---|
| Trademark renewal | Every 10 years | Before expiry of registration |
| Trademark restoration | Within 6 months of expiry | 6-month grace period after expiry |
| Trademark assignment recording | When trademark is sold or transferred | Within 6 months of assignment |
| Trademark use (to avoid removal) | Continuously | Use in registered class within 5 years of registration to avoid removal for non-use |
| Defence against opposition | If opposition filed | 2 months from opposition notice |
Need help with trademark objections or oppositions? We handle both. trademark objection reply.
Why Bizeneed for trademark filing
Frequently asked questions
Trademark filing is the process of submitting an application (Form TM-A) to register a brand name, logo, tagline, slogan, or sound mark with the Controller General of Patents, Designs and Trade Marks under the Trade Marks Act, 1999. The application is filed on the IP India portal (ipindia.gov.in) and goes through examination, possible show-cause hearing, and registration.
File online on ipindia.gov.in: (1) Create a user account, (2) Conduct a TM-Search to check for existing similar marks, (3) Select the correct trademark class(es), (4) Fill Form TM-A with brand details and upload the trademark image/wordmark, (5) Pay the government fee (₹4,500 individual / ₹9,000 company per class), (6) Submit and receive acknowledgment. Bizeneed handles the complete process.
TM-A (Form 48) is the application form used for trademark registration in India under the Trade Marks Act, 1999. It replaced the older TM-1 and TM-2 forms. TM-A is used for all new applications, including wordmarks, logos, device marks, sound marks, and combination marks. It is filed online on the IP India portal.
The Nice Classification system divides all goods and services into 45 classes: Classes 1-34 cover goods (chemicals, machinery, textiles, etc.) and Classes 35-45 cover services (advertising, education, legal, healthcare, etc.). You must file your trademark application in the correct class(es) - protection only extends to the classes you register in.
Government fees for online filing (on ipindia.gov.in) are: ₹4,500 per class for individuals/sole proprietors and ₹9,000 per class for companies/LLPs. Offline filing has a 10% surcharge (₹5,000 / ₹10,000 per class). Renewal fee after 10 years is the same.
Total timeline from filing to Registration Certificate: typically 18-24 months. The process includes: TM-Search (1-2 days), TM-A filing (2-3 days), Vienna codification for logos (3-4 months), examination (6-12 months total), journal publication, 4-month opposition period, and certificate issuance.
TM-Search is a search of the IP India trademark database to check whether a similar mark already exists in the trademark registry for your chosen class. It is the most critical pre-filing step - filing without search risks rejection for similarity. We provide a free comprehensive TM-Search with every filing.
™ can be used immediately after filing your trademark application - it signals to the public that you claim trademark rights. ® can only be used after the trademark is officially registered and the Registration Certificate is issued by IP India. Using ® before registration is illegal.
Yes. You can file a combined 'device and word' mark covering both the logo and brand name in a single application. Alternatively, you can file separate applications for the wordmark and logo mark for broader protection. Multi-class and multi-mark strategies should be discussed with a trademark attorney.
After registration: (1) Use the ® symbol, (2) Renew every 10 years before expiry (grace period of 6 months), (3) Monitor for infringement and oppositions, (4) Record any assignments or licences with IP India. Failure to use the trademark for 5 consecutive years can lead to removal from the register.
If IP India raises objections in the examination report (typically under Section 9 for absolute grounds or Section 11 for relative grounds), you must file a response within 30 days. Our attorneys draft a detailed response with legal arguments, case law references, and evidence of use. See our Trademark Objection Reply service.
Indian trademark registration protects your mark within India. For global protection, you can file under the Madrid Protocol through IP India, which allows you to extend protection to 125+ member countries through a single application. Alternatively, file directly in each target country.
A registered trademark is valid for 10 years from the date of filing. It can be renewed indefinitely for successive periods of 10 years by paying the renewal fee. There is a 6-month grace period after expiry for late renewal with a surcharge.
Online filing (e-filing) on ipindia.gov.in is faster, cheaper (10% discount on government fees), and provides real-time tracking. Offline filing involves physical submission to the trademark registry office, costs 10% more, and has slower processing. Online filing is the recommended method for all applicants.
Written by Rohan Kulkarni, IP Content Lead · Reviewed by Adv. Meera Iyer, Bar Council of India Registration
Last updated 5 September 2026
Sources
- IP India - Trade Marks Portal
- Trade Marks Act, 1999
- TM-A Application Guide
- Nice Classification - Classes
Eligibility thresholds, statutory sections and filing deadlines on this page are verified periodically against the sources above. Compliance requirements can change; confirm specifics with our team before relying on them for a filing decision.
Ready to protect your brand?
Share your brand details and our trademark attorney will call you back within one working hour with a free TM-Search and class assessment.
Ready to protect your brand?
Share your brand details and our trademark attorney will call you back within one working hour with a free TM-Search and class assessment.