Complete Guide & Document Checklist

How to Register a Trademark in India

Step-by-step process, required documents checklist, costs, timeline, and frequently asked questions

A trademark - whether it's your brand name, logo, or tagline - is what makes your business recognisable. Registering it gives you exclusive legal rights to use it in India, the ability to take action against copycats, and the option to license or sell it. Trademark registration in India is handled by the Controller General of Patents, Designs and Trade Marks through the IP India portal at ipindia.gov.in.

Your registration protects you for 10 years from the date of application, and you can renew indefinitely in 10-year blocks. Once you file, you can immediately use the TM symbol. The registered trademark symbol (R) can only be used after your mark is officially registered - which currently takes 18-36 months due to examination and opposition periods. File early: in India, trademark rights go to whoever files first, not whoever used it first.

Timeline

18-36

months for full registration

TM symbol can be used from day of filing

Cost

Government fee: Rs. 4,500 per class (individuals/startups/MSMEs) or Rs. 9,000 per class (companies)

Professional: Rs. 1,999-4,999 additional

Who needs this?

You're building a brand and want to protect your name or logo from being copied

You sell on e-commerce and your brand could be misused by counterfeit sellers

You're planning to license your brand to franchisees or partners

You're expanding internationally and need an Indian trademark as the basis for foreign filings

You've created an original brand identity, slogan, or product name worth protecting

You have - or expect to have - significant brand equity worth protecting

Documents required

Click on any document to see detailed requirements and how to obtain it

Total Documents

Required

Ollvy Handles

Applicant Identity

Documents of the trademark owner

PAN Card

REQ

of the individual / all directors (company) / all partners (firm) - must match name on application

Aadhaar Card

REQ

of the applicant or authorised signatory - for identity verification

Address Proof

REQ

of the applicant - utility bill, bank statement, or Aadhaar (which also serves as address proof)

Business Entity Documents

If applying as company, LLP, or partnership

Certificate of Incorporation

for company or LLP applicants - establishes legal existence of the entity

Form TM-48 (Power of Attorney)

REQOLLVY

authorises your trademark attorney or Ollvy to file on your behalf - Ollvy prepares and executes this

Board Resolution

OLLVY

for company applicants - authorises specific director to file trademark on company's behalf

Partnership Deed

only for partnership firms applying as trademark applicant - establishes firm's existence

MSME / Udyam Registration Certificate

halves the trademark filing fee from ₹9,000 to ₹4,500 per class - provide if available

Trademark Details

What you want to protect

Brand Name (Word Mark)

REQ

the exact word or phrase you want to protect - spelling, capitalisation, and spaces matter

Logo File

if registering a logo or device mark - JPEG format, 8×8 cm, high resolution

Business Description and Trademark Class

REQOLLVY

describe your goods/services - Ollvy selects the correct Nice Classification class(es)

Legal and Filing

Ollvy handles these forms and filings

DSC (Digital Signature Certificate)

REQOLLVY

Class 3 DSC required for online trademark e-filing on IP India portal

User Affidavit (Claim of Prior Use)

only if claiming prior use of the mark - establishes earlier date of use

Trademark Search Report

OLLVY

Ollvy performs this before filing - identifies conflicting marks in the same class

REQRequired document

OLLVYWe handle this

PAN Card

Applicant Identity

REQUIRED

What is this?

PAN is required to establish the identity of the trademark applicant. For individuals filing in their personal name: their personal PAN. For companies: the signing director's PAN (or the company PAN for entity-level verification). For partnership firms: the authorised signatory's PAN. Name on PAN must exactly match the applicant name entered in Form TM-A - mismatches are a common cause of objection.

How to get it

Photocopy or scan of PAN card. For online e-filing (which Ollvy uses), a clear scanned JPEG or PDF is needed. PAN is not formally "submitted" to the Trademark Registry in the same way as MCA - it is mainly used for identity verification if the Registry asks for further information. However, it must be ready and match application details.

Common Issues

If you are filing as a company (e.g., "Ollvy Technologies Private Limited"), the applicant name must exactly match the company name on the incorporation certificate. If the company name has changed since incorporation, the name change must be completed and reflected in MCA records before filing - using the old company name is invalid. Individual filers: if your PAN says "Rajesh" but you commonly go by "Raj", file under your PAN name to avoid discrepancy.

Requirements

01Individual/proprietor: personal PAN
02Company: signing director's PAN plus company PAN
03Partnership/LLP: authorised signatory's PAN
04Must match applicant name exactly in Form TM-A
05Scan as clear JPEG or PDF

Ready to protect your brand?

Ollvy handles complete trademark registration - from search to filing to monitoring. Protect your brand with experienced IP attorneys.

Step-by-step process

Search for existing trademarks

Search the IP India database at ipindia.gov.in to check if a similar or identical mark already exists in your class. Also check for similar-sounding marks and phonetic equivalents to reduce objection risk.

Identify the correct trademark class

The Nice Classification system has 45 classes - classes 1-34 for goods and 35-45 for services. File in every class that covers your current and planned products or services. Filing in the wrong class gives you no protection for your core business.

Prepare your application

Draft Form TM-A with your trademark (word or device form), the class and description of goods/services, applicant details, and date of first use (if already in use). If filing a logo, attach a clear image.

File on the IP India portal

Submit Form TM-A online at ipindia.gov.in and pay the government fee. Once submitted, you receive an application number and can immediately start using the TM symbol.

Respond to examination report (if needed)

The examiner reviews your application within 12-18 months and may raise objections on absolute or relative grounds. If you get an objection, you have 30 days to file a reply with arguments and evidence.

Wait out the opposition period

After examination clearance, your mark is published in the Trademark Journal for 4 months. During this period, anyone can oppose your registration. If no opposition is filed, you move to registration.

Receive your registration certificate

After examination and the opposition period, you get your Registration Certificate. Now you can use the (R) symbol. Your registration is valid for 10 years from the filing date - remember to renew before expiry.

Frequently Asked Questions

Can I use the (R) symbol before my trademark is officially registered?

No - using (R) before registration is illegal under the Trade Marks Act, 1999. You can use the TM symbol (or SM for service marks) immediately after filing, which indicates that you're claiming rights to the mark and have an application pending.

What's the difference between a trademark, copyright, and patent?

Trademarks protect brand identifiers like names, logos, and slogans used in commerce. Copyright protects creative works like books, music, software, and art - it exists automatically when you create something without needing registration. Patents protect inventions and novel technical solutions for 20 years and require registration. All three are different forms of intellectual property and can coexist.

What happens if my trademark application gets an objection?

You have 30 days to file a written reply on the IP India portal. If your reply doesn't resolve the objection, you may need to attend a hearing before the examiner. Common objections: your mark is too similar to an existing one (relative grounds) or your mark is descriptive or lacks distinctiveness (absolute grounds).

Can I file a trademark in multiple classes?

Yes, and you should file in all relevant classes to fully protect your brand. Each class requires a separate government fee - Rs. 4,500 per class for individuals, startups, and MSMEs, and Rs. 9,000 per class for companies and larger entities.

Is my Indian trademark valid in other countries?

No, an Indian trademark only protects you in India. For international protection, you can file separately in each country or use the Madrid Protocol through WIPO, which lets you file one international application covering multiple member countries. India is a Madrid Protocol member.

Common mistakes to avoid

01Not doing a thorough trademark search before filing - leads to objections on similar existing marks
02Filing in the wrong class or too narrow a description, leaving core products/services unprotected
03Using the (R) symbol before the mark is officially registered - this is illegal
04Not responding to examination reports within 30 days - your application gets abandoned
05Not monitoring the Trademark Journal during opposition period - missing third-party oppositions
06Forgetting to renew before the 10-year expiry - your mark lapses
07Filing only the word mark or only the logo when you should file both for complete protection

Related services

Private Limited Company Registration GST Registration MSME/Udyam Registration