Trademark: Benefits & Registration

Key facts

• Trademarks are registered by the Trade Marks Registry under 45 classes: 1–34 for goods and 35–45 for services. One application can cover one or more classes.
• Government fee for an e-filed application (TM-A): ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 per class for others.
• The ™ symbol can be used once you apply (or even before) to claim the mark; ® can be used only after registration.
• A registration is valid for 10 years and can be renewed every 10 years indefinitely.
• Process: search → file TM-A → examination report (reply within 30 days) → publication in the Trade Marks Journal → 4-month opposition window → registration certificate.
• A registered owner gets the exclusive right to use the mark across India for the registered goods or services and can sue for infringement.
• Falsifying or falsely applying a trademark is a criminal offence: imprisonment of 6 months to 3 years and a fine of ₹50,000 to ₹2 lakh.
• A registered trademark is an asset: it can be sold, assigned, licensed or franchised, and valued in the balance sheet when purchased.
• An Indian application or registration can be the base for protection in other countries through the Madrid Protocol.
• Registered owners can record the mark with Indian Customs to stop counterfeit imports, and use it for brand registries on e-commerce marketplaces.

Common questions

What are the benefits of registering a trademark?

Exclusive right to the brand across India for your goods or services; the right to sue for infringement and seek criminal action against fakes; use of the ® symbol; a business asset you can sell, license or franchise; easier marketplace brand registry and Customs protection against counterfeits; and a base for international filing through the Madrid Protocol. It also builds trust with customers, investors and lenders.

Is an unregistered brand protected?

Only partly. You can still sue for passing off if you prove prior use and reputation, which is slow and costly. A registered mark gives you a statutory right, so you only need to show the other party is using a same or similar mark.

What is the difference between ™ and ®?

™ shows you claim the mark and can be used anytime, including while the application is pending. ® can only be used after the trademark is registered; misusing it is an offence.

How much does trademark registration cost?

The government fee for online filing is ₹4,500 per class for individuals, startups and small enterprises (with proof such as Udyam or DPIIT recognition), and ₹9,000 per class for others. Professional fees are extra.

How long does trademark registration take?

If there is no objection or opposition, about 8 to 12 months. You can use ™ from the day you file, and your rights date back to the application date once registered.

How long is a trademark valid?

10 years from the application date, renewable every 10 years without limit, in form TM-R. A late renewal is possible within 6 months with an extra fee.

Which class should I choose?

Pick the class of the goods or services you actually sell: e.g. class 25 for clothing, 30 for tea, spices and bakery, 9 for software and electronics, 35 for retail and trading, 42 for software services, 43 for restaurants. File in every class you trade in or plan to.

Can I sell or license my trademark?

Yes. A trademark is property. It can be assigned (sold) with or without the business, or licensed for royalty. Record the assignment with the Registry in form TM-P.