Business registration & legal

Trademark Registration in India (2026): Search, Fees, Process and Renewal

Trademark registration in 2026: official fees (₹4,500 for MSMEs, ₹9,000 others), search, classes, Form TM-A on ipindia, objections, opposition, ™ vs ® and renewal.

Photo of Sumeet YadavEdited by Sumeet YadavFounder & editor, MSMETOOLS · fact-checked against official sources
Updated October 2026 Verified against official sources 7 October 2026 11 min read
Trademark registration in India — fees, process and classes — MSMETOOLS guide cover
Contents (11)
  1. 1. What you can register, and who can apply
  2. 2. Step 1: Search before you file
  3. 3. Step 2: Pick the right classes
  4. 4. Trademark registration fees in 2026
  5. 5. Step 3: File Form TM-A online
  6. 6. Step 4: Examination, objections and hearing
  7. 7. Step 5: Advertisement and opposition
  8. 8. ™ vs ®: which symbol you can use
  9. 9. Renewal and keeping the mark alive
  10. 10. What changed recently
  11. 11. What to do next

Your brand name is the one business asset a competitor can copy overnight. Registering it as a trademark gives you the exclusive right to use it for your goods or services across India and lets you sue anyone using a confusingly similar name. This guide is for founders, MSME owners and freelancers filing their first trademark. It covers the public search, choosing classes, the official fees on IP India, Form TM-A step by step, objections and opposition, the ™ and ® symbols, and renewal — with ₹ examples.

Quick answer

File Form TM-A online at ipindiaonline.gov.in with your brand name or logo, the class(es) of goods or services and the owner's details. The official fee is ₹4,500 per class for individuals, startups and MSMEs and ₹9,000 for others. The registry examines it, advertises it in the Trade Marks Journal, and registers it if no one opposes within 4 months.

  • Search the IP India public register first — most objections come from similar existing marks

  • 45 classes: 1–34 for goods, 35–45 for services; pay per class

  • Use ™ from day one; ® only after registration

  • Valid 10 years from the application date; renew for ₹9,000 per class

What you can register, and who can apply

Under the Trade Marks Act, 1999 you can register anything that distinguishes your goods or services from others' and can be shown graphically: a word (including a personal name), letters or numerals, a logo or device, a slogan, a combination of colours, the shape of goods or their packaging, and even a sound mark.

Anyone who uses or intends to use the mark can apply — an individual, a sole proprietor, a partnership firm, an LLP, a company, a trust or society, or a foreign entity. A proprietor files in their own name; a partnership files in the names of the partners; a company or LLP files in its own name.

Registration is not compulsory — you get some protection from actual use — but it is far easier to stop copycats, list on marketplaces' brand registries, license the brand or raise funding with a registered mark.

Trademark registration at a glance (2026)

₹4,500

Official fee per class

individuals, startups, MSMEs (e-filing)

45

Classes

34 goods + 11 services

4 months

Opposition window

after advertisement

10 years

Validity

renewable indefinitely

Step 1: Search before you file

Most refused applications fail because a similar mark already exists in the same or a related class (section 11 of the Act), or because the mark is descriptive or generic (section 9) — "Fresh Bread" for a bakery, for example.

Use the free public search on IP India:

  • Wordmark search — try the exact name, phonetic variants ("Kwik" for "Quick") and spelling changes, in "starts with", "contains" and "match with" modes.
  • Vienna code search for logos — the registry codes figurative elements (a lion, a crown, a leaf), so search the codes for the main element of your logo.
  • Check the class and related classes — the same name in an unrelated class may be fine; in a related one (clothing vs footwear) it usually is not.

If a close match turns up, change the name now. A distinctive, invented word ("Zorvia") clears examination far more easily than a dictionary word that describes the product.

Step 2: Pick the right classes

India uses the Nice Classification: classes 1 to 34 cover goods and 35 to 45 cover services. You pay for each class, and one application can cover several.

BusinessLikely classesWhat they cover
Bakery or sweet shop30, 43Bread, cakes, sweets; café and restaurant services
Clothing brand25, 35Garments, footwear; online and retail store services
Cosmetics / skincare3Soaps, creams, cosmetics, hair oils
Packaged spices or tea30Spices, masalas, tea, coffee
Software or SaaS9, 42Downloadable software; software as a service and IT services
Restaurant or cloud kitchen43Food and drink services
Consultancy, marketing agency35Advertising, business management and consultancy
Jewellery14Jewellery, precious metals, watches

Write the goods or services in plain terms from the class headings and the registry's list of acceptable descriptions. Claiming the whole class heading when you only sell two products can invite objections and later disputes.

A designer sketching logo concepts in pencil on paper
Finalise the logo before filing — a TM-A covers the mark exactly as shown, so a redesign usually means a fresh application.· Image: Claireneon (CC BY-SA 4.0)

Trademark registration fees in 2026

These are the government fees from the First Schedule of the Trade Marks Rules, 2017, as published on IP India in October 2026. Online filing is cheaper than paper filing.

Official trademark fees (per class, e-filing)

TM-A — new application

Individual / startup / small enterprise

₹4,500

Others

₹9,000

TM-M — expedited examination

Individual / startup / small enterprise

₹20,000

Others

₹40,000

TM-O — opposition or counter-statement

Individual / startup / small enterprise

₹2,700

Others

₹2,700

TM-R — renewal

Individual / startup / small enterprise

₹9,000

Others

₹9,000

TM-R — late renewal surcharge (within 6 months)

Individual / startup / small enterprise

₹4,500 + renewal fee

Others

₹4,500 + renewal fee

Who counts as a "small enterprise". The Rules define it by the MSMED Act's investment limit for a medium enterprise — so any micro, small or medium enterprise qualifies, currently with plant, machinery or equipment investment up to ₹125 crore. In practice the registry asks for proof, so file with your Udyam certificate. A startup means one recognised by DPIIT under Startup India.

Worked examples.

  • A proprietor with an Udyam certificate registers a bakery name in classes 30 and 43: 2 × ₹4,500 = ₹9,000.
  • A large company (not an MSME) files a brand in classes 3, 5 and 35: 3 × ₹9,000 = ₹27,000.
  • The same proprietor wants faster examination for both classes: add 2 × ₹20,000 = ₹40,000 more.
  • Ten years later, renewing both classes costs 2 × ₹9,000 = ₹18,000, whatever the applicant's size.

Agents and lawyers charge their own professional fees on top; these are not regulated, so compare quotes.

Step 3: File Form TM-A online

Filing your trademark application

  1. 1

    Create an account on the e-filing portal

    Register on ipindiaonline.gov.in (Trade Marks e-filing). Applicants can file themselves; agents and advocates file on your behalf with a Form TM-48 authorisation.

    Trade Marks e-filing
  2. 2

    Choose the application type

    Select TM-A and the kind of mark: word, device (logo), colour, shape, sound, or a collective or certification mark.

  3. 3

    Enter applicant details and category

    Name, address, legal status and nationality. Choose individual / startup / small enterprise only if you can back it up with Udyam or DPIIT recognition.

  4. 4

    Upload the mark and list goods or services

    Upload a clear image of the logo (or type the word mark) and add each class with its goods or services description.

  5. 5

    State use

    Choose proposed to be used if you have not launched yet, or give the date of first use. Claiming prior use generally needs a supporting user affidavit with evidence such as dated invoices or advertisements.

  6. 6

    Sign, pay and save the receipt

    Pay online. You get an application number immediately — from this date you can use the ™ symbol and the application date fixes your priority.

Keep ready before filing

0/6

Step 4: Examination, objections and hearing

After filing, the registry checks formalities, codes any figurative elements under the Vienna system, and sends the application for examination in order of filing date. An examiner prepares a report that a senior officer approves.

  • Accepted — the mark goes straight to advertisement.
  • Objected — you must reply to the examination report within one month, or the application is treated as abandoned. Typical objections: the mark is descriptive or lacks distinctiveness (section 9), or it resembles an earlier mark (section 11). A good reply explains distinctiveness, distinguishes the cited marks and attaches evidence of use.
  • Show-cause hearing — if the reply does not satisfy the officer, you get a hearing before a decision is made against you.

Track every stage with your application number on the IP India e-register.

Step 5: Advertisement and opposition

Once accepted, the mark is published in the Trade Marks Journal. Anyone can oppose it within 4 months of publication by filing Form TM-O (₹2,700 per class online). If that happens, you must file a counter-statement within two months or the application is abandoned; both sides then file evidence and the matter is heard.

If no one opposes, the registration certificate is issued automatically by the registry's system.

From filing to registration — and beyond

Day 0

TM-A filed; application number issued; ™ can be used

After formalities

Vienna codification (logos) and examination, serially by filing date

1 month from report

Deadline to reply to any objection

If needed

Show-cause hearing

On acceptance

Advertised in the Trade Marks Journal

+4 months

Opposition window closes; certificate issues if unopposed

Year 9

Renewal can be filed up to one year before expiry

Year 10

Registration expires — renew with TM-R

™ vs ®: which symbol you can use

  • ™ — no legal status of its own; tells others you claim the name as your brand. Use it as soon as you start trading or file the application.
  • ® — only once the mark is registered, and only on the goods or services it is registered for. Using ® on an unregistered mark is an offence under section 107 of the Trade Marks Act.

Registration protects the mark across India from the application date, which is why filing early matters even if the certificate takes time.

Two girls at the doorway of a small kirana store stocked with packaged snacks and sweets
On a crowded shelf, a registered brand is what stops a look-alike pack from riding on your reputation.· Image: Idealist Jack (Public Domain Mark 1.0)

Renewal and keeping the mark alive

A registration lasts 10 years from the date of application and can be renewed for further ten-year terms indefinitely.

  • File Form TM-R up to one year before expiry (₹9,000 per class online). The registry also sends a reminder notice within the last six months.
  • Missed it? Within six months after expiry you can still renew by paying a surcharge of ₹4,500 plus the renewal fee.
  • After that the mark is removed, but you can apply for restoration within one year of expiry with a higher surcharge.

Also keep using the mark: a registered mark not used for a continuous period of five years can be challenged and removed for non-use. Record any change of name, address or ownership on the register with Form TM-P.

What changed recently

The Trade Marks Act, 1999 and the Trade Marks Rules, 2017 still govern registration, and the fees above have not changed since 2017. In October 2025 the government published draft amendment rules focused on a code of conduct and disciplinary process for trademark agents, and on 21 August 2026 the registry released a draft revised Trade Marks Manual for comments. Neither changes fees, forms or deadlines as of October 2026 — check IP India's notices before you file.

What to do next

Shortlist two or three distinctive names with our business name generator, run them through the public search, and file in the classes you actually trade in. If you are an MSME, get your free Udyam registration first so you qualify for the lower fee, and line up GST registration under the same brand.

This is general information, not legal advice — confirm on the official source or with a professional.

Frequently asked questions

The official fee for Form TM-A filed online is ₹4,500 per class for individuals, DPIIT-recognised startups and MSMEs, and ₹9,000 per class for everyone else. Paper filing costs ₹500 to ₹1,000 more. Agent or lawyer fees are extra and not set by law. Renewal after ten years is ₹9,000 per class for all applicants.

Sources & verification

Figures on this page were checked against the sources below when it was last reviewed on 7 October 2026. Each rate and limit is stored once with its own official source and review date, and official update channels are monitored daily so changes are picked up. How we verify

  1. 1.Forms and official fees — Trade Marks — Office of the Controller General of Patents, Designs & Trade Marks (IP India) · accessed 7 October 2026
  2. 2.Standard Operating Process of Trade Marks Applications — IP India · accessed 7 October 2026
  3. 3.Trade Marks Rules, 2017 — IP India · accessed 7 October 2026
  4. 4.Basics of Trademarks — IP India · accessed 7 October 2026
  5. 5.Draft Trademark (Amendment) Rules, 2025 — TaxGuru · accessed 7 October 2026
  6. 6.Trade Marks Manual India 2026: what applicants should know — Intepat IP · accessed 7 October 2026
  7. 7.Trademark Rules in India 2026: key changes — Maheshwari & Co. · accessed 7 October 2026

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