How to Register a Trademark in India — Fastest Way (2026 Guide)
Last updated: 2026-08-26 · 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 thereafter. 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 colour 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 at examination. Bentham's AI performs this search automatically across all 45 classes and gives you a risk score before you file.
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 or 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 or classes of filing, (5) date of first use, if already in use. From these inputs, Bentham auto-generates the application itself, runs an AI-powered conflict search across all 45 classes and gives you a risk score before filing. The Power of Attorney for your trademark attorney is signed on the platform itself — no separate document to arrange — and an attorney reviews everything before it goes to IP India.
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. Upon filing, you receive an application number and can use the ™ symbol immediately — you do not have to wait for registration.
Step 5: Examination and Objections
The Trademark Examiner reviews your application, with the examination report typically issued 12 to 16 months after filing on the standard route. If an objection is raised — commonly on similarity to an existing mark (Section 11) or descriptiveness (Section 9) — you have a right of reply within the deadline stated in the report. Responding to an objection is quoted separately, typically ₹4,000 to ₹10,000 depending on complexity — it is not included in the filing fee. Bentham's trademark attorneys handle the response end to end.
Step 6: Publication in Trademark Journal
If accepted, your mark is published in the Trademark Journal. Anyone can oppose your registration during the publication window. If no opposition is filed, your mark proceeds to registration.
Step 7: Registration Certificate
After the opposition period, the Registrar issues your Registration Certificate and you can use the ® symbol. On the standard route, the full timeline from filing to registration is typically 18 to 24 months. Registration is valid for 10 years and renewable indefinitely.
Can You Speed Up Examination?
Yes — expedited examination is a separate process from filing, requested under Rule 34. It moves your application to the front of the examination queue, so the government typically issues the examination report within 5 to 25 days instead of 12 to 16 months, provided no objection is raised. It costs ₹25,500 per class in total — ₹20,000 government fee, ₹1,500 for notary, applicant affidavit and stamp duty, and ₹4,000 Bentham professional fee. It presupposes your mark has already been filed — Bentham files within 1 hour either way.
Trademark Registration Fees in India (2026)
Government fee: ₹4,500 per class. Bentham's all-inclusive fee per class is ₹6,150, covering the government fee, stamp paper, trademark search, application preparation, attorney review and filing. Objection handling, if it arises, is quoted separately as above.
How Bentham Makes It Faster — Same-Day Trademark Filing
Bentham is India's fastest trademark filing service. Traditional agents typically take several days just to file your application. Bentham files within 1 hour on working days (10 AM - 6 PM) — same-day filing. Our AI performs instant conflict searches across all 45 classes, auto-generates your application, and a trademark attorney reviews every filing before submission. You get real-time status updates and support throughout. If you need fast trademark registration in India, Bentham is the quickest option available.
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