Registering a trademark is how you turn a brand name into a legal asset. Until you register it, you may be building recognition for a name that someone else can eventually stop you from using. This guide sets out the real cost, the full process and the delays most first-time applicants do not expect.
What a trademark actually protects
A trademark protects a name, logo, tagline or other mark that distinguishes your goods or services from someone else's. Registration gives you exclusive rights to that mark in the classes you register it under, and the right to take action against infringement.
Two points catch people out. First, protection is limited to the classes you file in, not to every business activity. Second, registering a company name at the MCA is not the same as registering a trademark. They are separate systems, and a company name registration gives you no trademark protection.
Government fees for trademark registration
The government fee is fixed under the First Schedule of the Trade Marks Rules, 2017, and is charged per class, per mark. It has not changed since 2017.
| Applicant type | E-filing (per class) | Physical filing (per class) |
|---|---|---|
| Individual, sole proprietor, DPIIT-recognised startup, Udyam-registered MSME | Rs 4,500 | Rs 5,000 |
| Company, LLP and all other entities | Rs 9,000 | Rs 10,000 |
The concession depends on who files, not who owns the brand. A private limited company with no Udyam registration pays Rs 9,000 even if its founder would personally qualify for Rs 4,500. Decide the applicant before filing, because changing it later means a separate assignment process.
Beyond the government fee, most applicants pay a professional fee for the search, class selection, drafting and any objection replies. That is where total cost varies. The government fee is also non-refundable, so a rejected application means paying again.
The registration process step by step
- Trademark search. Check the IP India database for identical and similar marks in your class. Skipping this is the most common and most expensive mistake.
- Choose the correct class. India follows the Nice Classification across 45 classes. The 13th Edition took effect on 1 January 2026 and moved some goods between classes, so verify against the current edition.
- File Form TM-A. Filed online at the IP India portal. You can use the TM symbol immediately after filing.
- Examination. The Registry issues an examination report, often raising objections under Section 9 (descriptiveness) or Section 11 (similarity to an existing mark).
- Reply and hearing. You respond to objections, and attend a hearing if the reply is not accepted.
- Publication in the Trade Marks Journal. Once accepted, the mark is published and third parties get four months to oppose it.
- Registration. If unopposed, the certificate is issued. Registration is valid for 10 years and renewable indefinitely.
How long it takes
A smooth, unopposed application typically completes in roughly 8 to 18 months. Objections or opposition can extend that considerably. The important practical point is that you can use the TM symbol from the day you file, and your rights date back to the filing date once registration is granted, so delays do not leave you unprotected in the meantime.
Where applications go wrong
- Filing in the wrong class. Fees are non-refundable and a fresh application is needed, doubling cost.
- Choosing a descriptive name. Marks that merely describe the product attract Section 9 objections. Invented or arbitrary names register far more easily.
- Skipping the search. A conflicting earlier mark can end the application outright.
- Missing deadlines. Objection replies and opposition responses run on strict timelines, and a missed date can result in abandonment.
Frequently asked questions
Yes. Individuals can file directly on the IP India portal. Most applicants use a professional for the search, class selection and objection handling, which is where applications are usually won or lost.
No. The fee is non-refundable, which is why a proper search before filing matters.
A wordmark protects the name in any style. A device mark protects the logo as designed. Many businesses register both for full coverage.
Ten years from the filing date, renewable in further ten-year terms indefinitely.
Fees and rules stated here are current as of August 2026 and are general information, not legal advice. Verify current fees at ipindia.gov.in before filing.
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