Trademark Registration Process in India

This guide explains the trademark registration process in India in plain language, from the first search to final registration. It reflects the practical workflow followed by registered Trademark Attorneys at TrademarkIndia.pro.

1. Pre‑filing: Trademark search and risk assessment

Before filing, a professional search helps identify similar or identical marks and potential objections. A good search looks at:

• Existing trademarks in the same or related classes
• Phonetically similar or visually similar marks
• Descriptive or generic terms that may be refused
• Possible conflicts with well‑known marks

At TrademarkIndia.pro, we provide a free search and written report so you understand the risk before you invest in filing.

2. Choosing the correct class and description

Trademarks in India are filed under the Nice Classification system (Classes 1–45). Selecting the right class and description is critical because it defines the legal scope of your protection.

• Class 1–34 cover goods; classes 35–45 cover services
• Many businesses need protection in more than one class
• Description should cover present and reasonably foreseeable activities

A registered Trademark Attorney can help avoid over‑narrow or over‑broad specifications that create problems later.

3. Filing the trademark application

Once the mark, class and description are finalised, the application is filed online with the Indian Trade Marks Registry (IP India).

• Application can be in the name of an individual, company, LLP or partnership
• For word marks, logo marks or both combined
• With correct address, user claim (proposed to be used or from a past date), and power of attorney

After filing, you receive an application number and can start using the ™ symbol with your brand.

4. Examination by the Trade Marks Registry

The Registry examines the application on absolute and relative grounds of refusal. This stage often results in an Examination Report raising objections.

Common grounds for objection

• Mark is descriptive or generic for the goods or services
• Mark is similar to an earlier registered or pending mark
• Lack of distinctiveness or conflict with well‑known marks

A detailed, well‑reasoned legal reply from a Trademark Attorney can often overcome these objections and move the application forward.

5. Hearing before the Registrar (if required)

If the Registrar is not fully satisfied with the written response, a personal hearing may be scheduled. An attorney appears, argues the matter and relies on case law and evidence to support your mark.

In many cases, multiple hearings or further written submissions are required before the mark is finally accepted or refused.

6. Publication and opposition period

If the Registrar is satisfied, the mark is accepted and advertised in the Trade Marks Journal. This opens a 4‑month opposition window, during which third parties can oppose the registration.

If an opposition is filed

• Opponent files a notice of opposition with grounds and evidence
• You (the applicant) must file a counter‑statement
• Both sides exchange evidence and written arguments
• A hearing is held and the Registrar passes an order

Opposition proceedings are technical and time‑consuming, and representation by a Trademark Attorney is strongly recommended.

7. Registration and certificate

If no opposition is filed, or if you successfully defeat it, the mark proceeds to registration. The Registry issues a digital registration certificate, and you can start using the ® symbol for the covered goods/services.

In India, a trademark registration is valid for 10 years from the date of application and can be renewed indefinitely for further 10‑year periods.