How to Register a Trademark in India (2026 Guide)
Last updated: 2026-05-22 · By Bentham Legal Team
What is a Trademark?
A trademark is a distinctive sign — a word, logo, symbol, or combination — that identifies and distinguishes the goods or services of one business from another. In India, trademarks are governed by the Trade Marks Act, 1999 and administered by the Controller General of Patents, Designs and Trade Marks under IP India.
Why Register a Trademark?
Registration gives you exclusive legal rights to use the mark across India for 10 years (renewable indefinitely). Without registration, you only have common law rights limited to your geographic area of use. Registration enables you to: (1) sue for infringement, (2) use the ® symbol, (3) license or franchise your brand, (4) prevent others from registering similar marks.
Types of Trademarks in India
IP India accepts: Word marks (brand name in plain text — strongest protection), Logo marks (specific visual design), Combined marks (word + logo together), Sound marks, Shape marks, and Color marks. We recommend filing a word mark first as it offers the broadest protection regardless of font or style changes.
Step 1: Trademark Search
Before filing, search the IP India database (ipindiaonline.gov.in) for existing similar marks in your class. Check for phonetic similarity (sounds-alike), visual similarity, and conceptual similarity. A conflict with an existing mark will likely result in an objection. Bentham's AI performs this search automatically across all 45 classes and gives you a risk score.
Step 2: Choose Your Trademark Class
India follows the Nice Classification system with 45 classes (1-34 for goods, 35-45 for services). You must file in each class where you offer goods/services. Common classes: Class 9 (software/apps), Class 25 (clothing), Class 35 (advertising/retail), Class 42 (IT services). Filing in the wrong class means no protection for your actual business.
Step 3: Prepare Your Application
You need: (1) Applicant details (name, address, nationality), (2) Brand name or logo, (3) Description of goods/services, (4) Class(es) of filing, (5) Date of first use (if already in use), (6) Power of Attorney for your trademark attorney. Bentham auto-generates the application from your inputs.
Step 4: File with IP India
Applications are filed electronically on the IP India portal (ipindiaonline.gov.in). The government fee is ₹4,500 per class for individuals/startups and ₹9,000 per class for others. Upon filing, you receive an application number and can use the ™ symbol immediately.
Step 5: Examination and Objections
The Trademark Examiner reviews your application within 1-3 months. If objections are raised (similarity to existing marks, descriptive nature, etc.), you must file a response within 30 days. Common objections: Section 9 (descriptive/generic marks), Section 11 (similarity to prior marks). Bentham handles objection responses.
Step 6: Publication in Trademark Journal
If accepted, your mark is published in the Trademark Journal for 4 months. During this period, anyone can oppose your registration. If no opposition is filed, your mark proceeds to registration.
Step 7: Registration Certificate
After the opposition period, the Registrar issues your Registration Certificate. You can now use the ® symbol. Total timeline: 12-18 months from filing to registration. Registration is valid for 10 years and renewable indefinitely.
Trademark Registration Fees in India (2026)
Government fee: ₹4,500 per class (startups/individuals) or ₹9,000 per class (companies). Bentham's all-inclusive fee covers: trademark search, application preparation, attorney review, government fee, and filing. Objection handling is included at no extra cost.
How Bentham Makes It Faster
Traditional trademark agents take 3-7 days just to file. Bentham files within 1 hour on working days. Our AI performs instant conflict searches, auto-generates applications, and a trademark attorney reviews every filing before submission. You get real-time status updates and objection handling included.
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