How to Register a Trademark in India — Fastest Way (2026 Guide)

A trademark costs ₹6,150 per class with Bentham, all inclusive — that covers the ₹4,500 government fee (per class), stamp paper, AI conflict search, application preparation, trademark attorney review, and filing with IP India. You pay per class of goods or services you file in. There are no hidden charges.

On the standard route, the examination report is issued 12 to 16 months after filing, and full registration (the ® symbol) takes 18 to 24 months, assuming no objection or opposition. Filing itself, however, happens within 1 hour with Bentham on working days — and you can use the ™ symbol from the moment of filing.

Yes. A foreign individual or company can register a trademark in India. You do not need to be an Indian resident or have an Indian company. A foreign applicant files through a trademark attorney or agent in India (Bentham acts in this capacity via a Power of Attorney signed on the platform), and must provide an address for service in India — which the attorney provides. The process, fees and timelines are otherwise the same as for a domestic applicant.

The ™ symbol can be used the moment you file your application — it signals that you claim rights in the mark, but it carries no statutory backing on its own. The ® symbol may only be used once the trademark is granted and registered, which on the standard route takes 18 to 24 months. Using ® before registration is an offence, so use ™ until your registration certificate is issued.

India uses the Nice Classification of 45 classes (1-34 for goods, 35-45 for services). You must file in each class that covers the goods or services you actually offer. A software product, for example, often needs Class 9 (software) and Class 42 (IT services). Filing in the wrong class leaves your real business unprotected. Bentham helps you identify the correct classes before you file.

An objection commonly arises on similarity to an existing mark (Section 11 of the Trade Marks Act, 1999) or descriptiveness (Section 9). You have a right to reply within the deadline stated in the examination report. Responding is a separate service quoted at ₹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.

A granted trademark registration in India is valid for 10 years from the date of application, and is renewable indefinitely for further 10-year periods. As long as you renew on time, your trademark protection never expires.

Yes. Expedited examination under Rule 34 moves your application to the front of the examination queue, so the Registry typically issues the examination report within 5 to 25 days instead of 12 to 16 months, provided no objection is raised. It is a separate process from filing and costs ₹25,500 per class in total. Bentham files the expedited request for you.

No. You can file a trademark application in India on a "proposed to be used" basis — you do not need prior commercial use. If you have already used the mark, you can claim a date of first use, which can strengthen your position; if not, you simply file as proposed to be used. Either way, filing early matters because India follows a first-to-file principle.