In the fast-growing and competitive Indian market, building a recognizable brand is more than just a good idea—it’s a business necessity. Whether you’re launching a startup, managing an established company, or building a personal brand, securing your brand identity legally is critical. One of the most effective ways to do this is by registering a trademark.
But how does one go about it? If you’re wondering about the trademark application process, this comprehensive guide breaks it down step by step, making it easy to understand—even if you have no legal background.
What is a Trademark?
A trademark is any unique word, name, symbol, design, logo, or a combination thereof that distinguishes your goods or services from others in the market. It helps create a brand identity, builds trust with consumers, and acts as a legal safeguard against brand misuse or imitation.
In India, trademarks are governed by the Trade Marks Act, 1999, and are processed by the Office of the Controller General of Patents, Designs and Trade Marks, under the Ministry of Commerce and Industry.
Why Register a Trademark?
Before we get into the details of the trademark application process, it’s important to understand why registration is worthwhile:
- Legal Protection: Registration gives you exclusive rights over the use of your trademark and the ability to take legal action in case of infringement.
- Business Credibility: A registered trademark gives customers more confidence in your brand’s professionalism and reliability.
- Brand Recognition: It helps in marketing and building brand recall among consumers.
- Valuable Asset: A trademark becomes an intellectual property that can be sold, licensed, or franchised.
- Nationwide Coverage: Trademark registration provides protection throughout India, regardless of your business location.
Who Can Apply for a Trademark?
Anyone who claims to be the owner of a brand can apply for trademark registration. This includes:
- Individuals
- Startups
- Proprietorship firms
- Partnerships and LLPs
- Private and public limited companies
- Trusts and societies
- Foreign nationals and companies
You can apply for a trademark even before starting your business. It’s often a good idea to secure your brand identity early.
Step-by-Step Trademark Application Process
Let’s explore the entire trademark application process from start to finish. Each step is designed to help protect your brand and ensure your application is processed smoothly.
Step 1: Trademark Search
Before you apply, it’s essential to conduct a trademark search. This helps ensure that your proposed name, logo, or slogan isn’t already registered or pending for a similar product or service.
You can perform a free search on the IP India public search tool. Check all variations of your mark and explore closely related ones in the same class.
Skipping this step can lead to objections or rejection later on, so it’s wise to invest time in research.
Step 2: Select the Correct Trademark Class
Trademarks are categorized into 45 different classes—Classes 1 to 34 for goods and Classes 35 to 45 for services. Each class represents a specific category.
For example:
- Class 9: Software and electronic devices
- Class 25: Clothing and footwear
- Class 35: Advertising and business consultancy
- Class 41: Education and entertainment
Selecting the right class is crucial, as your protection is limited to the class or classes you apply under.
Step 3: Prepare the Trademark Application
Once the class is finalized, the next step is to prepare and file the trademark application using Form TM-A.
Information Required:
- Applicant’s full name and address
- Type of applicant (individual, company, etc.)
- Description of goods/services
- A clear image of the trademark (for logos/symbols)
- Date of first use (if already in use)
- Power of Attorney (if applying through an agent)
Step 4: File the Application
You can file the application online through the official IP India portal or submit it physically at one of the five Trademark Registry Offices located in Mumbai, Delhi, Chennai, Kolkata, or Ahmedabad.
Government Fees:
- ₹4,500 for individuals and startups
- ₹9,000 for companies or entities not eligible for reduced fees
You’ll receive an acknowledgment receipt with an application number, which you can use to track the status online.
Step 5: Examination of the Application
After filing, the trademark office assigns an examiner who reviews the application for compliance with legal standards and checks for any conflicts with existing trademarks.
Within a few months, one of the following may happen:
- Accepted: The mark proceeds to publication.
- Objected: If the examiner raises issues, a formal objection report is sent. You’ll have to respond within 30 days with explanations, documents, or attend a hearing.
Common grounds for objection include:
- Similarity to existing trademarks
- Generic or descriptive words
- Use of prohibited terms or symbols
Step 6: Publication in Trademark Journal
If accepted, the trademark is published in the Trademark Journal for a period of 4 months. This allows the public to oppose the registration if they believe the trademark infringes on their rights.
- If there’s no opposition, the application moves forward.
- If there’s opposition, both parties will present their cases. A hearing will be scheduled, and a decision will be made by the registrar.
Step 7: Registration and Certification
If no opposition is filed or the case is resolved in your favor, your trademark will be registered, and you’ll receive a Trademark Registration Certificate.
You are now legally allowed to use the ® symbol next to your trademark.
The registration is valid for 10 years from the date of application and can be renewed indefinitely.
Estimated Timeline for Trademark Registration
| Stage | Timeframe |
| Trademark Search | 1–2 days |
| Filing Application | 1 day |
| Examination | 1–3 months |
| Response to Objections (if any) | 1–2 months |
| Publication in Journal | 4 months |
| Registration Certificate | 1–2 months after journal period |
Total Time: Usually 8 to 12 months, depending on complexity and objections.
Renewal and Maintenance
Trademark registration is valid for 10 years and can be renewed every decade. To avoid lapses, it’s a good idea to apply for renewal at least 6 months before expiry.
If you miss the deadline, you can still file a restoration application within 1 year from expiry, but additional fees apply.
Tips for a Successful Application
- Avoid using generic terms like “Best,” “Quality,” or “Super.”
- Be creative and original in naming your brand.
- Do a thorough trademark search before applying.
- Respond promptly to objections or oppositions.
- Use legal help if you’re unsure about any step.
Final Thoughts
The trademark application process in India may seem complex at first, but it’s a well-structured and highly rewarding journey. A registered trademark provides your brand with a legal shield and boosts your business credibility in the eyes of customers and investors.
Whether you’re just starting out or scaling up your operations, registering a trademark is one of the smartest business decisions you can make. By following the steps outlined above—or seeking expert help from professionals like Corpmate—you can secure your brand’s identity and ensure it stands protected in the long run.