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Trademark Registration

Complete Guide & Document Checklist

How to Register a Trademark in India

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

Timeline

18-36

months for full registration

TM symbol can be used from day of filing

Government Fee

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

14

Total Documents

7

Required

5

Ollvy Handles

01

Applicant Identity

Documents of the trademark owner

PAN Card

REQ

of the individual / all directors (company) / all partners (firm)

Aadhaar Card

REQ

of the applicant or authorised signatory - for identity verification

Address Proof

REQ

of the applicant - utility bill, bank statement, or Aadhaar

02

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

Board Resolution

OLLVY

for company applicants - authorises specific director to file trademark

Partnership Deed

only for partnership firms applying as trademark applicant

MSME / Udyam Registration Certificate

reduces trademark filing fee from ₹9,000 to ₹4,500 per class

03

Trademark Details

What you want to protect

Brand Name (Word Mark)

REQ

the exact word or phrase you want to protect

Logo File

if registering a logo or device mark - JPEG format, 8x8 cm, high resolution

Business Description and Trademark Class

REQOLLVY

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

04

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. The name on PAN must exactly match the applicant name in Form TM-A.

How to get it

Scan of PAN card as a clear JPEG or PDF.

Common Issues

If the company name has changed since incorporation, the name change must be completed in MCA records before filing the trademark in the new name.

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

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.

Trademark registration with the IP India Trademark Registry requires fewer documents than most government filings - primarily proof of identity for the applicant and the mark itself. The most technically specific requirement is the logo file format if you are registering a device mark (logo).

Logo files must be in JPG format, minimum 8cm x 8cm at 300 DPI, with the mark in black on a white background. Colour marks can be registered but a black-and-white representation is still required for the application. The logo quality matters - a pixelated or low-resolution image will cause the Registry to raise an objection.

For small entities and individuals, an MSME (Udyam) certificate or DPIIT Startup Recognition certificate entitles you to the reduced government fee of Rs. 4,500 per class instead of Rs. 9,000. This certificate must be in your name or your company's name - a CA's certificate or generic business registration does not qualify.

If you want to claim prior use (that you have been using the mark before the filing date), an affidavit stating the date of first use in commerce in India is required. This is optional but strengthens your application, particularly if someone else has been using a similar mark.

01

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

02

Step-by-step process

1

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.

2

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.

3

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.

4

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.

5

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.

6

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.

7

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.

03

Frequently Asked Questions

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.

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.

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).

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.

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.
04

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
05

Related services

Private Limited Company RegistrationGST RegistrationMSME/Udyam Registration

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

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06

More Questions

JPG format, minimum 8cm x 8cm at 300 DPI resolution, mark in black on a white background. The Trademark Registry will object to low-resolution images, transparent backgrounds, or formats other than JPG.

Certificate of Incorporation (or LLP Agreement for LLPs), board resolution or Power of Attorney authorising the filing, and PAN or Aadhaar of the authorised signatory. For reduced fees, the Udyam certificate or DPIIT recognition certificate.

Yes, if your company has a valid Udyam Registration (MSME) certificate or DPIIT Startup Recognition certificate. The company must be the applicant - the reduced fee applies to the entity, not the individual filing it.

Only if you want to claim a prior use date earlier than the filing date. It is optional. If you have been using the mark in commerce before filing, an affidavit stating the date of first use strengthens your application but is not mandatory for filing.

TM-48 is a Power of Attorney authorising your trademark attorney or agent to file and prosecute the application on your behalf. It is standard practice to use an attorney for trademark filings. The POA must be signed by the applicant (individual) or an authorised signatory (company).

How we reviewed this page

The penalty amounts, deadlines, and regulatory requirements on this page are sourced directly from official government portals. We do not use secondary sources. When regulations change, we update the page.