Trademark protection in India is rights-on-first-use — but a registered mark gives you statutory protection, the right to use the ® symbol, and a much easier path to enforcement.
Before you file: search and clearance
Run a thorough search in the Trade Marks Registry database (also called the IP India portal). The goal: confirm no identical or deceptively similar mark already exists in your class. A clearance opinion from a trademark lawyer is ₹3,000–5,000 well spent.
Choose the right class
India follows the Nice Classification (45 classes total). Most businesses need one or two classes. Filing in more classes increases government fees but expands protection. A SaaS company might file in Class 9 (software) and Class 42 (cloud services).
The filing process
- File the TM-A form with the registry online. Government fee: ₹4,500 (individual/startup) or ₹9,000 (others), per class.
- Examination report: within 1–3 months. If the examiner has objections, you file a written reply within 30 days.
- Hearing (if required): respond to the examiner’s concerns in person or by video.
- Publication in the Trade Marks Journal: opens a 4-month window for third-party opposition.
- Registration: if no opposition (or opposition fails), the mark is registered — valid for 10 years, renewable.
You can use ™ immediately
The day you file, you can use the ™ symbol next to your mark. The ® symbol comes only after registration. Both create real legal effect — ™ signals a claim, ® signals a statutory right.
Timeline reality check
Assuming no objection or opposition, registration takes 18–24 months. With opposition, it can stretch to 3 years. Plan accordingly.