Trademark Registration in India: The Complete 2026 Guide
28 July 2026 · Legal Mitan · 4 min read
Most founders think of a trademark as paperwork they will get around to eventually. Then a competitor registers a confusingly similar name, or a marketplace pulls their listing over a brand complaint, and it becomes urgent overnight.
This guide covers what a trademark actually gives you, what it costs, and how long it really takes.
What a trademark protects
A trademark protects the signs that identify your goods or services — a brand name, a logo, a tagline, a distinctive packaging shape, even a sound. It does not protect your idea, your business model or the content you produce. Those fall under patents and copyright.
Registration gives you three practical powers:
- Exclusive rights to use the mark for the goods and services in your registered classes across India.
- The right to sue for infringement, rather than relying on the slower common-law remedy of passing off.
- A registered asset you can licence, franchise or assign — which matters enormously during fundraising or a sale.
Understanding the 45 classes
India follows the NICE classification: 34 classes for goods and 11 for services. You register in the classes that match what you actually sell.
| Class | Covers | Typical business |
|---|---|---|
| 25 | Clothing, footwear, headgear | Apparel brands |
| 30 | Coffee, tea, flour, confectionery | Packaged food |
| 35 | Advertising, retail, business management | E-commerce, agencies |
| 41 | Education, training, entertainment | Coaching, media |
| 42 | Scientific and IT services, software | SaaS, tech firms |
Picking the wrong class is the single most expensive mistake in this process. If you sell packaged snacks and register only in Class 35 because you also run an online store, your actual product is unprotected.
A note on multi-class filings: each additional class carries its own government fee. Register where you sell today and where you credibly plan to expand in the next two to three years — not everywhere at once.
What it costs
Government fees, as of 2026:
- ₹4,500 per class for individuals, startups, small enterprises and sole proprietors filing online — provided you attach a valid Udyam registration certificate.
- ₹9,000 per class for every other applicant, including private limited companies without MSME status.
Professional fees are separate. Be wary of any quote that does not break the two apart.
The realistic timeline
Here is what actually happens after filing:
- Day 1–3 — Filing. You receive an application number immediately. From this moment you can legally use the ™ symbol.
- Month 1–4 — Examination. The Registry issues an examination report. Roughly 60% of applications receive an objection, most commonly under Section 9 (lack of distinctiveness) or Section 11 (similarity to an existing mark).
- Month 4–8 — Reply and hearing. You have 30 days to reply to an objection. A show-cause hearing may follow.
- Month 8–12 — Publication. The mark is published in the Trade Marks Journal. Third parties get four months to oppose it.
- Month 12–18 — Registration. If nobody opposes, the certificate is issued. Protection runs for 10 years and is renewable indefinitely.
If that sounds long, remember: your rights date back to the filing date, not the registration date. Filing early is what matters.
Before you file: run a search
A public search on the Trade Marks Registry against your intended classes takes an afternoon and can save you a year. If a similar mark already exists in your class, you want to know before you print packaging — not after an objection lands.
The most common regret we hear is not "we spent too much on trademarking." It's "we waited two years and someone else got there first."
Documents you'll need
- Your logo file, if you're registering a device mark rather than a plain word mark
- PAN and Aadhaar of the applicant
- Udyam or incorporation certificate, if claiming the concessional fee
- A signed Form TM-48 authorising your agent to file
If you'd like us to run the search and handle the filing, message us on WhatsApp with your brand name and what you sell. We'll come back with a class recommendation and a fixed quote.