Trademark Registration Assistance

How long does trademark registration take in India?

Timeline: Application filed on IP India portal within 1–2 days (TM number allotted immediately — ™ symbol can be used from this date). Trademark Journal publication: approximately 12–18 months (waiting in queue). If no opposition within 4 months of journal publication: registration certificate issued (® symbol allowed). Total: 18–24 months for smooth registration, longer if objections or opposition arise.

What trademark classes are relevant for my business?

India follows the Nice Classification with 45 trademark classes (1–34 for goods, 35–45 for services). Common classes: Class 35 (business services, retail, advertising), Class 36 (financial services), Class 41 (education), Class 42 (IT/software), Class 9 (electronics, apps), Class 25 (clothing), Class 30 (food). A trademark in one class does not protect in other classes — many businesses need 2–4 classes for full protection.

What is the government fee for trademark registration?

Government fee per trademark per class: ₹9,000 for individuals/MSMEs/startups; ₹10,000 for companies and large entities (increased from ₹4,500 in 2017 amendment). Multi-class filing requires separate fees per class. If an objection hearing is required: ₹2,500 per hearing. If a notice of opposition is filed against your trademark: ₹2,700 (opponent pays) — responding to opposition also involves legal effort.

Can I use ™ before my trademark is registered?

Yes. The ™ symbol (Trademark symbol) can be used immediately from the date of filing the trademark application — no registration is needed. The ™ symbol signals that you are claiming trademark rights. The ® symbol (Registered Trademark) can only be used after the trademark is actually registered by IP India. Using ® before registration is an offence under the Trade Marks Act.

What happens if someone objects to my trademark?

Two types of objections: (1) Examiner Objection — raised by the Trademark Registrar within 30 days of application, citing similarity to existing marks or descriptiveness. You must respond within 30 days (extendable once). If the response is unsatisfactory, a hearing is scheduled. (2) Third-party Opposition — anyone can oppose your trademark within 4 months of its publication in the Trademark Journal. Our TM attorneys draft effective objection responses and appear at hearings.

How long does a trademark registration last?

A trademark registration is valid for 10 years from the date of application. It can be renewed indefinitely for successive 10-year periods by filing Form TM-R within 6 months before expiry (or within 6 months after expiry with a surcharge). We send renewal reminders and handle the renewal process.

Can I register a trademark for a name already in use by someone else?

Not if it is a registered trademark in the same or similar class. A trademark search on IP India and common law databases (Google, business directories) before filing is essential. Filing a trademark similar to an existing registered mark wastes your filing fee and delays your brand protection. Our thorough pre-filing search minimises this risk.