Short answer: you can use the ™ symbol the day you file, but registration itself takes 18 to 24 months when nothing goes wrong — and something usually does. The application is examined, commonly objected to under sections 9 or 11, then advertised for four months during which anyone may oppose it. The single most useful thing you can do is a proper search before you file, not after.
What registration actually gives you
- Exclusive right to use the mark for the goods or services in your registered class
- The right to sue for infringement, rather than relying on the harder common-law action of passing off
- The ® symbol, once registered
- An asset you can license, assign or use as security
- Protection for your company name — a registered trademark blocks others from incorporating a deceptively similar name
That last point is why this page sits next to our registration pages. Company name approval at the MCA checks against registered trademarks. A trademark is the stronger right; a company name on its own is not much of one.
Before you file: the search
Most of the money wasted on trademarks is wasted here, by skipping it.
The Registry’s public search is free and anyone can use it. What it will not do is tell you whether a mark is deceptively similar to an existing one — that is a judgment call, and it is the judgment the Examiner will make about your application under section 11. Phonetic similarity, visual similarity and similarity of the goods all count.
> If a search turns up a conflict, that is the search doing its job. Changing the mark now costs you nothing. Changing it after an opposition costs you the fee, the wait, and sometimes the brand.
Classes — the part people get wrong
Trademarks are registered against classes of goods and services under the NICE classification: 45 classes in total, 1 to 34 for goods and 35 to 45 for services.
You register in the classes you actually trade in. Two things follow:
- Registering in one class does not protect you in another. A mark registered for software does not stop someone using it for a restaurant.
- Each class is a separate filing fee. Filing across classes you have no real plan to use is expensive, and unused registrations can be challenged for non-use.
Getting the class right is a commercial decision as much as a legal one, and it is worth ten minutes of conversation before filing.
The process
1. Search — 1 to 2 days
Register search plus a view on deceptive similarity.
2. Filing (Form TM-A)
You may use ™ from this point. You get an application number immediately and can track it on the Registry’s site.
3. Examination — several months
The Examiner issues an examination report. Objections commonly come under:
- Section 9 — absolute grounds. The mark is descriptive, generic, or not distinctive.
- Section 11 — relative grounds. It conflicts with an earlier mark.
4. Reply to the examination report
There is a deadline, and it is real. See how to reply to a trademark objection for what a reply needs to contain.
5. Hearing, if the reply does not settle it
6. Advertisement in the Trade Marks Journal — 4 months
Once accepted, the mark is published. Any person may oppose it within four months. Most marks are not opposed. If yours is, it becomes a contested proceeding with evidence and hearings.
7. Registration
Certificate issues. You may now use ®.
Realistic total: 18 to 24 months where there is no opposition. An objection you answer well does not necessarily add much; an opposition adds a great deal.
What it costs
| Component | What drives it |
|---|---|
| Government fee | Charged per mark, per class. A lower fee applies to individuals, startups and small enterprises than to other applicants |
| Professional fee | Ours. Fixed and in writing before work starts |
| Reply to examination report | Only if an objection is raised |
| Opposition defence | Only if someone opposes. Contested, and priced separately |
The government fee is set by the Trade Marks Rules and differs by applicant category and by whether you file physically or online. We give you the exact figure for your category and class count in writing before you pay.
Documents you need
- Name, address and nationality of the applicant
- The mark itself — word, logo, or both. If it is a logo, a clear image
- The goods or services, described specifically. “Business services” is not a description
- Form TM-48 — power of attorney authorising us to act
- Date of first use, if you are already using the mark — and evidence of it
- Udyam / MSME certificate or startup recognition, if claiming the lower fee slab
That date-of-first-use point matters. If you have been trading under the mark, prior use is a genuine advantage and should be claimed properly with evidence. Claiming it without evidence is worse than not claiming it.
Common mistakes
- Filing a descriptive mark. “Fresh Bakery” for a bakery will meet a section 9 objection. Distinctive is not the same as memorable.
- Filing in the wrong class, then discovering the protection does not cover what you sell.
- Skipping the search, then meeting a section 11 objection that was visible from the start.
- Missing the reply deadline, which can mean the application is treated as abandoned.
- Assuming registration is automatic once advertised. The four-month opposition window is real.
- Letting it lapse. Registration lasts 10 years and is renewable. Diarise it.
Renewal and keeping the right alive
A registration lasts 10 years from the date of application and may be renewed indefinitely in further ten-year terms. There is a window for late renewal with a surcharge, and a restoration route beyond that — but both are avoidable with a calendar entry.
A registered mark you never use can also be removed for non-use. Registration is the start of the obligation, not the end.
Not sure whether your mark is filable?
Tell us the mark and what you sell. We will search it and tell you honestly whether it is worth filing, whether it should be changed first, and which classes you actually need.
Ask us on WhatsApp — or read how to reply to a trademark objection if you already have an examination report.
Frequently asked questions
How long does trademark registration take?
Typically 18 to 24 months where the application is not opposed. You can use ™ from the day you file.
Can I use ™ before registration?
Yes. ™ may be used on an unregistered or pending mark. ® may only be used once the mark is registered.
What is the difference between a section 9 and a section 11 objection?
Section 9 is about the mark itself — descriptive, generic or lacking distinctiveness. Section 11 is about conflict with an earlier mark. They are answered differently.
Do I need to register in every class?
No, and you should not. Register in the classes you actually trade in. Unused registrations cost money and can be challenged for non-use.
Someone is already using my brand name. Can I still register?
It depends on who used it first and whether they have a registration. Prior use carries real weight in India. Get advice before filing — and before sending anyone a legal notice.
How long does a registration last?
Ten years from the date of application, renewable in further ten-year terms.
My application was objected to. Is it over?
No. An objection is a stage, not a refusal. Most are answerable. See how to reply to a trademark objection.
Written by Adv Pratik Pandey, Vittara Global Advisory LLP. General information, not professional advice. Fees and rules under the Trade Marks Act, 1999 and the Trade Marks Rules are revised from time to time — confirm for your specific case before acting.
