In this guide
Trademark registration protects a business name, logo or other distinctive brand identifier against conflicting use and helps build enforceable brand rights. The practical process starts with checking the proposed mark, selecting the correct class, preparing documents and filing Form TM-A before the Trade Marks Registry.
In 2026, IP India also provides an AI/ML-based trademark public search facility, making the pre-filing search stage particularly important before spending money on an application.
For trademark search and filing assistance:
Step 1: Search the Trademark Before Filing
A strong pre-filing search can prevent considerable time and cost later.
The applicant should check whether the proposed name or logo is:
- Identical to an existing mark;
- Deceptively similar to an existing mark;
- Generic or descriptive;
- Lacking distinctiveness; or
- Likely to create confusion with an earlier brand.
These issues can lead to examination objections, particularly under Sections 9 and 11 of the Trade Marks Act. IP India itself recommends searching existing trademarks and assessing similarity before applying.
A trademark search should therefore cover not only an exact spelling but also phonetically and visually similar marks.
Step 2: Select the Correct Trademark Class
Trademark protection is class-specific under the Nice Classification system.
| Category | Classes |
|---|---|
| Goods | Classes 1 to 34 |
| Services | Classes 35 to 45 |
For example, clothing generally falls under Class 25, while different business services may fall under the relevant service classes.
Selecting the wrong class can leave the actual business activity inadequately protected.
A single TM-A application can cover one or multiple classes, but the government fee is calculated per class and per mark.
Trademark Registration Government Fees in 2026
For electronic filing of Form TM-A, the current official fees are:
| Applicant category | E-filing fee per class/per mark |
|---|---|
| Individual | ₹4,500 |
| Startup | ₹4,500 |
| Small Enterprise | ₹4,500 |
| Other applicants | ₹9,000 |
Physical filing costs ₹5,000 for individuals/startups/small enterprises and ₹10,000 for other applicants.
Where a company claims the concessional Small Enterprise fee, appropriate supporting status/documentation should be available.
Step 3: Decide Between Word Mark and Logo Mark
Applicants should determine exactly what they want to protect.
A word mark focuses on the brand wording itself, while a device mark generally covers the logo or stylised representation filed with the Registry.
Where both the brand name and a distinctive logo are commercially important, separate filings may offer clearer protection than relying only on one composite device application. IP India’s filing guidance specifically requires applicants to consider the choice between a word mark and a logo mark before filing.
Step 4: Prepare Trademark Documents
Common filing information includes:
- Applicant name and legal status;
- Address for service;
- Trademark representation;
- Correct class;
- Description of goods or services;
- Startup or Small Enterprise proof, where applicable;
- Power of Attorney, where applicable; and
- User affidavit and supporting evidence where prior use is claimed.
An application can also be filed on a “proposed to be used” basis where the mark has not yet been commercially used. Where prior use is claimed, supporting evidence and a user affidavit are required.
Step 5: File Form TM-A Online
The trademark application is filed in Form TM-A through the IP India e-filing system.
The applicant must select the appropriate category, enter mark details, specify the class and goods/services, upload relevant documents and pay the prescribed fee.
After successful filing, an application number is generated. The applicant can then monitor the application through the online status system.
What Happens After TM-A Filing?
The usual flow is:
Application → Examination → Objection/Reply, if any → Acceptance → Trade Marks Journal → Opposition Period → Registration
If the Examiner raises an objection, the applicant must respond within the prescribed process. A hearing may also be scheduled where required.
Once accepted, the application is advertised in the Trade Marks Journal. Third parties then have four months from advertisement or re-advertisement to oppose registration.
If no opposition succeeds, the mark can proceed towards registration.
How Long Does Trademark Registration Take?
There is no reliable fixed time for every normal trademark application.
Processing depends on factors such as:
- Registry workload;
- Distinctiveness of the mark;
- Examination objections;
- Hearing requirements; and
- Third-party opposition.
The transcript demonstrates practical cases where a normal application took considerably longer than an expedited case, but these examples should not be treated as guaranteed timelines for every application.
Fast-Track Trademark Registration Through TM-M
After receiving the official application number, an applicant can request expedited processing through Form TM-M.
The current e-filing fee is:
- ₹20,000 for Individual/Startup/Small Enterprise;
- ₹40,000 for other applicants.
Under Rule 34, an expedited application is ordinarily expected to be examined within three months from submission of the expedited request. Subsequent stages are also dealt with expeditiously.
However, expedited examination does not guarantee registration within three months. Journal publication, opposition and any contested proceedings can still affect the final timeline.
Important 2026 Trademark Search Update
IP India currently provides both an AI/ML-based trademark search facility and access to the older search system.
Businesses planning a new brand should use the improved search facility before filing rather than relying only on a basic Google or company-name search.
For complete trademark filing, class selection and application support:
For broader business documentation support:
Frequently Asked Questions
What is the government fee for trademark registration in 2026?
The e-filing fee is ₹4,500 per class/per mark for individuals, startups and small enterprises and ₹9,000 for other applicants.
Which form is used for trademark registration?
A new trademark application is filed in Form TM-A.
Can one application include multiple trademark classes?
Yes. Multi-class filing is permitted, but the applicable government fee is charged for each class.
How long is the trademark opposition period?
A third party can generally file opposition within four months from advertisement or re-advertisement of the application.
Is fast-track trademark registration available?
Yes. Expedited processing can be requested through Form TM-M after an application number is received.
Is a trademark valid permanently?
A registered trademark is initially valid for 10 years from the application date and can be renewed for further 10-year periods.
