trademark registration
Trademark Registration in India (IN): Protect Your Brand with IP India
Trademark registration in India gives you the exclusive right to use your brand nationwide and to sue for infringement. Applications are filed with the Trade Marks Registry of the Office of the Controller General of Patents, Designs and Trade Marks (IP India). The governing law is the Trade Marks Act, 1999.
India protects the earlier user of a mark, but registration is the only reliable way to prove ownership. Our trademark consultants handle search, filing, objections and oppositions for businesses in Mumbai, Delhi, Bengaluru, Kochi and abroad.
On this page
India trademark registration at a glance
- IP office
- Trade Marks Registry, Office of the Controller General of Patents, Designs and Trade Marks (IP India)
- Law
- Trade Marks Act, 1999 and Trade Marks Rules, 2017
- System
- First-to-use: prior use is protected; registration gives the strongest rights
- Classification
- Nice Classification, 12th edition, NCL 12-2026
- Multi-class filing
- Yes, one application can cover several classes (fee per class)
- Madrid Protocol
- Yes, in force from 8 July 2013
- Language
- English or Hindi
- Opposition period
- 4 months from advertisement in the Trade Marks Journal
- Typical timeline
- 12–18 months if no objection or opposition
- Validity
- 10 years from the application date, renewable indefinitely
- Official fees
- USD 51 (INR 4,500) per class for individuals, startups and small enterprises; USD 102 (INR 9,000) per class for others
- Power of attorney
- Simply signed on Form TM-48; no notarisation, apostille or legalisation
* Timelines assume no objections or oppositions. Laws change, so contact us to confirm current requirements.
Why register your trademark in India
Registration proves ownership
An unregistered owner must prove reputation and prior use in a passing-off case. A registration certificate is direct evidence of your exclusive right.
One of the world's largest consumer markets
India's retail, D2C and e-commerce sectors attract brands from every region. Copycat and look-alike marks are common, so early filing matters.
Faster, stronger enforcement
Only a registered owner can sue for infringement, record the mark with Indian Customs and use statutory criminal remedies. Marketplaces also act faster on registered marks.
A licensable, investable asset
A registered mark can be licensed, franchised, assigned or valued for funding. Investors and franchise partners in India routinely ask for registration certificates.
Our trademark services in India
End-to-end support from our licensed in-country attorneys, from the first search to lifelong protection.
Trademark search
Clearance search of the IP India register and common-law use before you file.
Trademark registration
Class selection, specification drafting, filing and follow-up to certificate.
Examination report response
Written replies and show-cause hearings before the Registrar.
Opposition
Filing or defending oppositions, evidence and hearings.
Renewal and recordals
Renewals, assignments, licences and changes of name or address.
Trademark watch
Weekly monitoring of the Trade Marks Journal for conflicting marks.
Why choose Legacy Partners Global as your trademark consultants in India
Trademarks in India are governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. The Trade Marks Registry, under the Controller General of Patents, Designs and Trade Marks, examines and registers marks.
It has offices in Mumbai (head office), Delhi, Kolkata, Chennai and Ahmedabad, but all filing is online on the IP India portal. Accepted marks are advertised in the weekly Trade Marks Journal. Appeals against Registry decisions go to the High Court with jurisdiction.
Trademark registration process in India
Here is how to register a trademark in India, step by step.
The India trademark registration system follows a structured sequence of reviews, publications, and legal checks. These steps ensure that trademarks meet all statutory requirements and remain protected over time.
Search and classify (1–3 days)
We search the IP India register for identical and similar marks. We map your goods and services to the correct Nice classes.
File Form TM-A (same day)
We file online on the IP India portal with the power of attorney, mark image and user details. You receive the application number at once and can use the ™ symbol.Applicants opting for Expediated process of an Application for Registration will receive accelerated office actions, including fast examinations and faster scheduling of subsequent hearings.
Examination (1–3 months)
The Registry checks distinctiveness and conflicts and issues an examination report.
Opposition Reply and hearing (1–4 months)
If there is an objection, we reply within 30 days. If needed, we attend a show-cause hearing before the Registrar.
Advertisement and opposition (4 months)
Accepted marks are advertised in the Trade Marks Journal. Third parties may oppose within 4 months.
Registration certificate
With no opposition, the mark is registered and the certificate issued online. You can now use the ® symbol. Protection runs for 10 years from the application date.
Ready to file in India?
File your trademarkStart your application in a few minutes. Nothing is filed until you approve the written quote.
Documents required for trademark registration in India
Power of attorney
On Form TM-48, signed by the applicant.
Applicant details
Name, address, nationality and legal status (individual, company, LLP or partnership).
Mark image
A clear JPG image of the mark (for logos).
Goods and services
Your list of goods or services.
User affidavit
With supporting evidence, if you claim use before the filing date.
MSME or startup certificate
Udyam or DPIIT certificate, if you claim the reduced official fee.
Priority document
If you claim Paris Convention priority within 6 months of a first filing abroad.
Power of attorney requirements for foreign applicants in India
Foreign applicants in India need only a simply signed power of attorney on Form TM-48. No notarisation, apostille or consular legalisation is required, and a signed scan is accepted for e-filing. A general TM-48 covers all your future Indian filings, so you sign it once. If you claim prior use, the supporting user affidavit must be notarised. We send a ready-to-sign power of attorney the same day you instruct us.
Trademark registration fees in India
Fees in USD. We confirm the full cost in writing before you instruct us.
| Service | Official fee | Attorney fee | Total |
|---|---|---|---|
| E-filing (all other applicants) · Per class | 102 | 200 | 302 |
| E-filing (individual, startup or small enterprise) · Per class | 51 | 200 | 251 |
| Trademark search · Optional, before filing | — | 100 | 100 |
| Renewal · Every 10 years, per class | 102 | 200 | 302 |
* Fees are indicative and subject to change. Contact us for the latest details.
Timeline, validity and renewal
How long registration takes
A straightforward application takes 12–18 months from filing to certificate. Objections, hearings or oppositions can add 6–18 months. Registration lasts 10 years from the application date and can be renewed every 10 years without limit. You can renew within 6 months before expiry. After expiry, you can renew within 6 months with a surcharge, and restore a removed mark within one year.
Validity and renewal
The protection is granted for a term of ten years, with the option to renew indefinitely in successive ten-year periods by paying the prescribed renewal fees even within 6 months after the expiry date (with a late fee).
Use requirements and non-use cancellation
You can file in India on a “proposed to be used” basis; use before filing is not required. If you already use the mark, claim your first-use date with a user affidavit. It strengthens your rights against later filers.
Any person can seek removal of a registered mark not used for a continuous period of five years and three months. Keep dated invoices, packaging, advertisements and online listings that show the mark in India.
Opposition, objections and appeals
Examination objections
If the Registry raises an objection, you have 30 days to file a written reply. If the reply is not accepted, a show-cause hearing is scheduled before the Registrar.
Opposition
Any person can oppose an advertised mark within 4 months of the Trade Marks Journal date. The applicant must file a counter-statement within 2 months, or the application is treated as abandoned. Both sides then file evidence, followed by a hearing.
Appeals
A refusal or opposition decision can be appealed to the High Court within 3 months of the decision.
Trademark enforcement and infringement in India
A registered trademark gives you the strongest tools to stop copycats in India. Without registration, you must rely on a passing-off action and prove your reputation first.
What counts as infringement
Using an identical or deceptively similar mark for the same or similar goods or services counts as infringement. So do selling counterfeits and taking unfair advantage of a well-known mark.
Your enforcement options
- Cease-and-desist notice: often enough to stop a local infringer.
- Civil suit for infringement or passing off: filed in a Commercial Court or a High Court. Courts grant interim and ex parte injunctions, damages and costs.
- Criminal complaint: counterfeiting and false trade description carry imprisonment of 6 months to 3 years and fines of INR 50,000 to 2 lakh. Police can search and seize goods.
- Customs recordal: record your mark with Indian Customs to detain counterfeit imports at ports.
- Online and marketplace takedowns: remove infringing listings on Indian e-commerce platforms and social media.
Defending your registration
Watch the Trade Marks Journal every week and oppose conflicting marks within the 4-month window. You can also seek removal of a conflicting mark that has not been used.
How Legacy Partners Global helps
Our trademark consultants in India handle investigations, legal notices, oppositions, customs recordals and coordination with litigation counsel.
What to know before filing in India
Use the fee concession
Individuals, DPIIT-recognised startups and MSMEs pay half the official fee. Attach the certificate when filing.
™ now, ® later
You may use ™ from the filing date. Using ® before registration is an offence.
Regional-language versions
Customers may see your brand in Hindi or a regional script. Consider separate filings for important transliterations.
Protected names and emblems
Marks using national emblems, government names or certain protected words are refused.
Client stories
Businesses that protected their brands in India with us.
We had an excellent experience working with Legacy Partners for trademark registration and brand protection services in India. Their team provided expert guidance throughout the trademark filing process, ensuring accurate documentation, timely updates, and seamless support at every stage. As a growing brand expanding across multiple markets, securing our intellectual property was essential, and Legacy Partners delivered a professional and efficient trademark registration experience. We highly appreciate their commitment to protecting our brand identity and supporting our long-term growth.
Client, IndiaTrademark registration in India
We had an excellent experience working with Legacy Partners for trademark registration and brand protection services in India. Their expert team guided us throughout the filing process, ensuring accurate documentation, timely updates, and seamless support. Their professionalism and intellectual property expertise gave us confidence in protecting our brand identity while supporting our expansion into new markets.
MouzyTrademark registration in India
* Client stories are shared with permission.
Trademark registration in India: FAQ
How long does trademark registration take in India?
About 12–18 months from filing to certificate if there is no objection or opposition. Objections, hearings or oppositions add time.
How long is an Indian trademark valid?
10 years from the application date, renewable every 10 years without limit.
Can I file one application for several classes?
Yes. One application can cover several classes, with the official fee charged per class.
Do I need a local trademark agent or consultant in India?
Foreign applicants must give an address for service in India, so in practice they file through an Indian agent or advocate.
How do I choose a trademark consultant in India?
Check that they are a registered trademark agent or advocate and attend hearings themselves. They should also handle oppositions and quote official and professional fees separately.
Is a UAE or GCC trademark valid in India?
No. Each country is separate. You must register in India, nationally or through Madrid.
What can I do if someone copies my trademark in India?
Send a legal notice, file a civil suit for an injunction and damages, or file a criminal complaint. Customs recordal and online takedowns stop counterfeits.
Does India follow first-to-file?
No. India protects the prior user, but registration is the best evidence of ownership. File early and claim your use date.
Do I need to use my trademark before filing?
No. You can file on a “proposed to be used” basis, but a mark unused for five years and three months after registration can be removed.
Do I need to register my trademark in Hindi?
No. English is accepted. A Hindi or regional-script version is worth filing if customers will see it.
Can I register a trademark in India through the Madrid Protocol?
Yes, India has been a member since 8 July 2013. For most applicants we recommend a national filing for full control.
What documents do I need, and does the power of attorney need notarisation or legalisation?
You need a simply signed power of attorney on Form TM-48 with no notarisation or legalisation. You also need applicant details, the mark image and your list of goods or services. If you claim use, add a notarised user affidavit.
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Register your trademark in India today
Speak to our trademark consultants in India. Send your mark and we will reply with a free search and a fixed written quote within one working day.
Reviewed by Hashim wafa Corporate & Cross-Border IP LawyerLicensed trademark attorney
This page is general information, not legal advice. Official requirements and fees can change; we confirm the current position for your matter before filing.
