Publishing Date: 28 September, 2026
Your brand name and logo are among the most valuable things your business owns. A registered trademark gives you the exclusive right to use them for your goods or services and a strong legal basis to stop others from copying them. Here is how the process works in India.
Marks that are invented or unusual (like a coined word) are easier to register than descriptive ones. A name that simply describes the product or its quality – for example “Best Tea” for tea – is likely to be refused.
Before filing, search the trademark registry for identical or similar marks in the same class. A careful search reduces the risk of objections and oppositions later.
Goods and services are divided into 45 classes (34 for goods and 11 for services). Your protection covers only the classes you file in, so choosing the correct class – and the right description of goods or services – is essential.
The application is filed online with details of the applicant, the mark, the class and whether the mark is already in use. Individuals, startups and small enterprises pay a lower government fee than other applicants. Once filed, you can start using the ™ symbol with your mark.
The Trade Marks Registry examines the application and may raise objections – for example that the mark is descriptive (Section 9) or similar to an existing mark (Section 11). A well-argued reply, supported by evidence of use, often resolves the objection. See trademark objection reply.
Accepted marks are published in the Trade Marks Journal. Anyone who believes the mark conflicts with theirs can file an opposition within the prescribed period.
If there is no opposition, or the opposition is decided in your favour, the mark is registered and a certificate is issued. You can now use the ® symbol.
A registered trademark is valid for ten years and can be renewed every ten years indefinitely. See trademark renewal.
Protect your brand with our trademark registration service.
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Q1. How long is a trademark valid in India?
Ten years from the date of application, renewable every ten years.
Q2. When can I use the ™ symbol?
As soon as your trademark application is filed.
Q3. Can I register a logo and a name together?
You can register them together as a combined mark, or separately for broader protection.
Q4. Do startups get a lower fee?
Yes. Individuals, startups and small enterprises pay a lower official fee than other applicants.
CS Harshita Jhawar is a Company Secretary and content marketer at www.vaidamconsultancy.com, known for blending legal expertise with engaging storytelling. Passionate about compliance and corporate law, she simplifies complex regulations for her readers. Off-duty, she enjoys traveling, photography, and thought-provoking reads—driven by curiosity and a love for clarity.
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