Exclusive statutory rights
Use the mark in the registered classes and take infringement action against confusingly similar use, subject to the law.
Protect your brand name, logo or slogan so customers can recognise you. We handle the trademark search, class selection, TM-A filing and tracking, so your application starts correctly.
| What’s Included (Quick Comparison) | Basic₹1,999/- | StandardMost Popular₹3,499/- | PremiumMost Valued₹8,499/- |
|---|---|---|---|
| Trademark Search | ✓ | ✓ | ✓ |
| Application Preparation | ✓ | ✓ | ✓ |
| Application Filing | ✓ | ✓ | ✓ |
| Application Tracking | ✓ | ✓ | ✓ |
| Form TM-48 | ✓ | ✓ | ✓ |
| MSME | ✗ | ✓ | ✓ |
| Organization DSC | ✗ | ✗ | ✓ |
| Startup India Registration | ✗ | ✗ | ✓ |
Note: Government fees and applicable GST are not included in the package prices and will be charged separately.
| Question | Straight answer |
|---|---|
Is trademark registration compulsory? | No, but it is strongly advisable before investing heavily in a brand. Registration gives statutory enforcement rights; unregistered owners may still have a passing-off remedy if they can prove goodwill and misrepresentation. |
Can I apply before launch? | Yes. An application can be filed on a proposed to be used basis. Do not claim an earlier date of use unless it is true and supported by evidence. |
Can a sole proprietor apply? | Yes. Individuals, proprietors, startups, firms, LLPs, companies, trusts, societies and eligible foreign applicants can apply. |
What is the validity? | Registration is valid for 10 years from the application date and can be renewed for further 10-year periods. |
When can I use TM or R? | You may use TM to indicate a trademark claim or pending application. Use ® only after the mark is registered. |
Your brand becomes expensive to change once it appears on a website, packaging, invoices, ads, app stores, marketplaces and investor decks. A trademark search and filing early in the journey can reduce the risk of rebranding after someone objects or claims prior rights. Here are certain benefits of registering Trademark Registration:
Use the mark in the registered classes and take infringement action against confusingly similar use, subject to the law.
A trademark can be licensed, assigned, franchised or evaluated as part of a business transaction.
A clear ownership record supports diligence, fundraise and acquisition discussions.
Registration supports notices, marketplace complaints and legal action. It does not itself guarantee removal, damages or a successful dispute outcome.
| Type of mark | What it protects | Practical note |
|---|---|---|
Word mark | Brand name, product name, slogan or letters | Usually gives broader protection for the word itself, independent of a particular design. |
Device or logo mark | Visual logo, stylised words, label or artwork | Protection is tied to the visual representation filed. |
Sound mark | Distinctive sound or jingle | The Registry requires the prescribed representation and supporting material. |
Shape mark | Distinctive product or packaging shape | A functional or common shape may face objections. |
Colour combination | A distinctive combination used as a source identifier | A single ordinary colour is difficult to monopolise; distinctiveness matters. |
Collective mark | Mark used by members of an association | The owner controls use by authorised members. |
Certification mark | Mark certifying specified standards or characteristics | Generally used by a certifying body rather than ordinary brand owners. |
Any person or legal entity that uses or genuinely intends to use a mark can apply. The applicant must be the person or entity that owns or will own the brand. Filing in the wrong owner's name can create future assignment and evidence problems.
Eligible applicants commonly include:
The Registry looks at whether the mark can distinguish your goods or services and whether it conflicts with earlier rights. A search is a risk assessment, not a guarantee of acceptance.
| Check before filing | Why it matters |
|---|---|
Distinctive name or logo | Generic, descriptive or customary terms can face objections for lacking distinctiveness. |
Similar marks in relevant classes | A similar earlier mark can trigger a relative-ground objection or opposition. |
Correct owner | The applicant should match the real brand owner, not merely an employee, designer or reseller. |
Correct class and wording | Trademark rights are linked to the chosen class and goods/services description. |
Honest use claim | Proof is required when claiming prior use; an incorrect claim can harm the application. |
No prohibited content | Names, emblems, flags or references that need consent or approval should be assessed before filing. |
India uses the Nice Classification with 45 trademark classes. These classes cover goods and services for each single business niche. Individuals need to select these classes based on their business.
Class 1 to 34 cover goods; Classes 35 to 45 cover services. Protection is not automatically available in every class simply because the brand is registered in one class. Here are some major classes for most used businesses.
| Business situation | Classes often considered | Important qualification |
|---|---|---|
Clothing or footwear brand | Class 25 | Retail or marketplace services may need an additional assessment, often including Class 35. |
Software or SaaS business | Class 9 and/or 42 | The right class depends on downloadable software, SaaS, software development and the actual offering. |
Marketing or e-commerce business | Class 35 | Class 35 covers specified business, advertising and retail-related services; it is not a blanket e-commerce monopoly. |
Restaurant or food outlet | Class 43 | Packaged food products may need separate goods classes. |
Education or training platform | Class 41 | Technology or SaaS components may need separate class analysis. |
Note: Choose classes for what you offer now and credible near-term expansion. Do not add unrelated classes only to block others; use and bona fide intention remain important.
Keep the documents and information ready before filing. The exact list changes with the applicant type, the kind of mark and whether you claim prior use.
PAN and identity/address details for an individual or proprietor
Why it is needed?: Identifies the proprietor in the TM-A application.
Certificate of Incorporation and PAN for companies; LLP incorporation details; partnership deed and firm details where applicable
Why it is needed?: Confirms the legal entity that will own the trademark.
Exact word mark, or a clear JPEG of the logo/device mark
Why it is needed?: The filed version determines what is examined and, if registered, what is protected.
Clear description of the products/services and relevant class or classes
Why it is needed?: Defines the commercial scope requested in the application.
Accurate first-use date and supporting invoices, ads, packaging, website or other evidence if prior use is claimed
Why it is needed?: Supports the claimed user date and may help with distinctiveness or conflict issues.
TM-48 / power of attorney where a trademark agent or attorney files for the applicant
Why it is needed?: Authorises professional representation before the Registry.
Startup recognition or eligible small enterprise evidence, if claiming concessional fee
Why it is needed?: Supports the lower official fee category when eligible.
Consent letter for a living person's name/likeness, NOC or approvals for regulated/protected references, if relevant
Why it is needed?: Certain marks need consent or supporting authority before registration.
Priority application details, certified copy and English translation where needed
Why it is needed?: Supports a valid convention-priority claim.
Trademark registration procedure involves
Search the proposed name, phonetic variants, spelling variants and similar logos in the relevant classes. A company-name search or Google search alone is not enough. The aim is to identify conflicts and decide whether the mark should be changed, narrowed or filed with a known risk.
Map the actual goods/services to the current Nice Classification. If the business has different revenue lines, assess whether more than one class is needed. The description should be neither too vague nor unnecessarily broad.
Decide whether the application is filed as proposed to be used or as used since a genuine earlier date. Confirm that the applicant will own the brand or not, this confirmation usually depends on the documentary evidence like invoices, etc. This is particularly important when a founder first uses a brand personally and later incorporates a company.
If the trademark application is being filed through a trademark agent or attorney, the applicant must execute an authorisation in their favour. The document should be properly signed and stamped as per the applicable stamp duty of the relevant state.
It authorises the professional to file the application, respond to Registry communications and represent the applicant during the trademark registration process. Under the Trade Marks Rules, 2017, authorisation of an agent is made through Form TM-M.
Prepare Form TM-A with the correct mark, owner, class, goods/services description and use details. The application is filed through the Trade Marks Registry online system with the applicable official fee. Once filed, the Registry issues an application number.
After filing, maintain the application number and track the public status. You may ordinarily use TM with the brand while the application is pending. Do not use ® until registration is granted.
The Registry examines the application with the absolute and relative grounds under section 9 and 11 of the Act, such as descriptiveness or lack of distinctiveness, and relative grounds, such as a conflict with earlier marks. An examination report may require a written reply, supporting evidence or a show-cause hearing. An objection is not automatically a rejection, but its deadline must be handled promptly. However, in case of no response the application gets abandoned.
If accepted, the mark is published in the Trade Marks Journal. A third party can oppose it within four months of advertisement or re-advertisement. If an opposition is filed, the applicant must submit a counter-statement within the prescribed two-month period from receipt of notice; missing it can result in the application being treated as abandoned. Later, it is continued by the evidence stage and hearings.
If there is no opposition, or an opposition is resolved in the applicant's favour, the Registry can issue the registration certificate. The proprietor can then use ® for that registered mark in connection with the registered goods/services.
The application can be prepared and filed quickly after documents and class decisions are final. The time from filing to registration is variable because Registry examination, objections, hearings, publication and opposition can add time.
| Stage | Typical position | What can change the time |
|---|---|---|
Filing | Application number is issued after TM-A filing | Document readiness, correct owner/class and payment |
Examination | Registry assesses distinctiveness and conflicts | Registry workload, objections and response quality |
Publication | Accepted mark appears in the Trademark Journal | Administrative processing after acceptance |
Opposition | Four-month statutory opposition period | Whether a third party files an opposition |
Registration | Certificate after the required stages clear | Objection, hearing, opposition or Registry processing |
A straightforward case is often estimated at roughly 12 to 18 months, but this is not a guaranteed registration time. In case of objection and opposition, the timeline may vary as per the backlog of the registry. Expedited examination is a separate, higher-fee option; it can speed examination but does not guarantee approval or eliminate the opposition period.
Official fee is charged per mark per class. The correct category must be confirmed at filing. Professional fees, objection replies, hearing work, opposition matters and renewals are separate from the filing fee:
| Official filing mode | Individuals, recognised startups and eligible small enterprises | Other applicants |
|---|---|---|
TM-A e-filing | Rs. 4,500 per class | Rs. 9,000 per class |
TM-A physical filing | Rs. 5,000 per class | Rs. 10,000 per class |
Expedited examination application | Rs. 20,000 per class | Rs. 40,000 per class |
| Cost item | How Startup Movers presents it |
|---|---|
Government filing fee | Charged at the prescribed rate for every class filed. |
Trademark search, filing and tracking support | Quote based according to mark type, owner, classes and work required. |
Objection, hearing or opposition | Not included in a basic filing package; quoted only after the relevant notice or matter is reviewed. |
Renewal or portfolio work | Separate service; statutory fee and professional support depend on the filing required. |
| Symbol | When it may be used | What it does not mean |
|---|---|---|
TM | When you claim a mark as a trademark, including after an application is filed | It does not mean the Registry has granted registration or cleared conflicts. |
® | Only after the mark is registered | It does not give rights over unrelated goods/services or every variation of the mark. |
| Protection | Primary purpose | Example |
|---|---|---|
Trademark | Protects brand identifiers for goods/services | Brand name, logo, product name or tagline |
Company name | Registers a legal entity with MCA | Private limited company or LLP name |
Copyright | Protects original creative expression | Artwork, website copy, photograph, music or software code |
Patent | Protects qualifying inventions or technical solutions | Novel product, process or technical invention |
One business may need more than one form of protection. A logo can involve copyright and trademark considerations, while the brand name needs separate trademark analysis.
Trademark registration does not end the responsibility to protect the brand. Build a simple ownership and monitoring routine:
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It is the legal registration of a distinctive brand sign with the Trade Marks Registry. It can protect a name, logo, slogan or another qualifying mark for specified goods/services.
No. It is not mandatory to start a business, but registration gives statutory rights and a stronger basis to enforce the mark.
Yes. File as proposed to be used if you genuinely intend to use the mark. Do not invent a prior-use date.
Individuals, proprietors, startups, firms, LLPs, companies, trusts, societies and eligible foreign applicants can apply.
Yes. A sole proprietor may apply in the proprietor's name, with the business details used where relevant.
Yes. Incorporation or DPIIT recognition is not required just to file a trademark application.
Yes. A company can operate multiple product or brand names. Each important mark should be assessed and filed separately where appropriate.
No. MCA name approval and trademark registration are different processes. A trademark search is still necessary.
A word mark protects the word itself; a logo or device mark protects the visual design field. Many brands assess both separately.
Words, logos, slogans, symbols, sounds, shapes, colour combinations, collective marks and certification marks can be considered if they meet legal requirements.
Usually not for the goods/services it directly describes. A generic or descriptive term can face objection unless it has acquired distinctiveness through use.
It may be possible, but consent and conflict checks are important, particularly where another person has earlier rights or the name is well known.
There are 45 Nice Classification categories. Classes 1-34 cover goods and Classes 35-45 cover services.
It depends on what you sell or provide now and the credible expansion plan. Each additional class is a separate fee and assessment decision.
No. It covers specified business, advertising and retail-related services. Your products, software or other services may need their own classes.
It checks relevant Registry records for identical or similar marks. It helps assess risk but cannot guarantee registration.
Yes. A word mark application can be filed for the brand name alone.
No, once the logo is filed, individuals can not change their logo. Even material changes generally need a fresh application.
Typically applicant identity/entity proof, exact mark representation, goods/services description, use details if claimed, and TM-48 if a professional files. However, in case of small enterprises or startups, DPIIT or MSME may be needed.
TM-A is the form used to apply for registration of a trademark in India.
TM-48 is the authorisation generally used when a trademark agent or attorney represents the applicant before the Registry.
It states that the mark was used in commerce before the filing date. The stated date must be accurate and supported by suitable evidence.
Yes. TM may be used to show a trademark claim or pending application. It is not a registration certificate.
Use ® only after the trademark is registered, and only for the registered mark in its registered scope.
Official e-filing fee is Rs. 4,500 per class for individuals, recognised startups and eligible small enterprises, and Rs. 9,000 per class for other applicants. Professional work is separate.
Yes. The official filing fee is charged per mark per class.
Recognised startups and eligible small enterprises can qualify for the concessional official fee, subject to the relevant eligibility and proof.
There is no guaranteed time. Straightforward cases are often described as taking around 12-18 months, but objections, hearings, opposition and Registry workload can extend it.
It means the Examiner has raised an issue in the examination report. It is not automatically a final rejection, but a response deadline applies.
It is an examination-stage issue, often about distinctiveness, description or conflict with an earlier mark. A reasoned reply and sometimes a hearing may be needed.
It is a challenge filed by a third party after the mark is published in the Trademark Journal.
Any person may oppose within four months from advertisement or re-advertisement of the mark in the Trademark Journal.
Failure to file the required counter-statement within the prescribed period can result in the application being treated as abandoned.
Yes. Use the application number on the official IP India status system and watch for any action required.
It is a system used to classify figurative elements in logos and device marks. It supports searching and examination of visual marks.
No. Indian registration protects the mark in India. International protection requires separate country filings or an eligible Madrid Protocol route.
Yes, subject to Indian filing requirements, including an address for service in India where required.
Yes. A registered or pending mark can be assigned, subject to the legal procedure and documentation. Do not assume a business sale automatically updates the Registry record.
Yes. Licensing should be documented carefully, with quality-control and use terms where relevant.
Collect evidence and take a legal assessment before action. Registration supports infringement remedies, but the suitable next step depends on the facts, class, use and risk.
Possibly. An unregistered owner may pursue a passing-off claim where the necessary facts are proved, but registration usually provides a stronger statutory route.
Yes. Genuine commercial use matters. A mark that is not used for a prolonged period can face a non-use cancellation challenge.
Renew it every 10 years. Start planning well before the due date so the portfolio record remains continuous.
There are statutory post-expiry options in some situations, but relying on late restoration creates avoidable risk. Seek advice promptly if a renewal deadline is missed.
Not automatically. It may support a dispute or complaint, but domain and platform rules have their own procedures.
Yes, if the classes reflect goods/services you use or genuinely intend to use. We usually suggest filing separately; however, multiple classes can be filed in a single application.
It depends on the brand. Where the name is the key asset, assess a word mark; where the visual logo is important, assess a logo filing too.
No. Registration depends on the Registry, existing rights, examination and possible third-party opposition. Startup Movers can help improve readiness and manage the process.
Yes. Objection replies, hearings, opposition and renewal support should be scoped separately after the specific notice or matter is reviewed.
Run a trademark search, decide the owner and classes, and file the right application early. Keep proof of first use and use the brand consistently.