So, you’ve come up with a great brand name.
Maybe it’s for your startup, a clothing line, a YouTube channel, or even your homemade pickles. The name is catchy, the logo looks sharp, and you’re already dreaming about going big.
But there’s a nagging worry: what if someone else copies it? That’s when the idea of getting a trademark hits you. And almost immediately, so does the assumption that you’ll need to pay a lawyer, cough up a fortune, or worse—give up because the process sounds too complicated.
But here’s the good news: you don’t need a lawyer to register a trademark in India. Not if you’re willing to follow some basic steps, stay patient, and put in a bit of effort.
This blog is here to walk you through the trademark registration process in a way that’s simple, practical, and totally doable—no legal jargon overdose and no courtroom drama.
Let’s start with the basics. A trademark, in everyday terms, is anything that identifies your brand and distinguishes it from others. It could be a name, a logo, a symbol, a tagline, or even a sound.
The idea is that when people see it, they instantly think of you. In legal terms, the Indian Trade Marks Act, 1999 governs trademark registration. Under Section 2(zb) of the Act, a “trademark” is defined as a mark capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others. It’s a legal shield for your brand identity.
Now, here’s the catch—just using a name or logo doesn’t automatically give you legal protection. Yes, you can use the ™ symbol as soon as you start using a brand name, but that only shows your intent.
If someone else actually registers that name before you, they get the upper hand. The real protection comes from formal registration with the Trade Marks Registry of India. Once registered, you can use the ® symbol, which means you’ve got exclusive rights, and yes—you can sue anyone who tries to steal it.
Before you jump into filing, there’s a very important step you can’t skip: checking if your trademark is actually available. Many people skip this part and end up wasting time and money filing for a name that’s already taken—or worse, face objections later.
The good news is that the government provides a free search tool online on the IP India website. This portal lets you check if there’s already a registered or pending trademark that’s identical or deceptively similar to yours.
Using the public search tool might look a little technical at first, but it’s quite simple once you get the hang of it. You’ll need to search your proposed trademark under the relevant “class” of goods or services.
Trademarks are grouped into different classes under something called the Nice Classification system—there are 45 classes in total. For instance, if your brand sells clothes, you’d search in Class 25. If it’s an educational website, look into Class 41. Knowing your correct class is essential, because if you file under the wrong one, your registration won’t protect your actual business.
When doing your search, don’t just type your brand name and hit search once. Try variations. Try alternative spellings, different spacing, or phonetic matches.
You want to be sure no one has something too close to what you’re proposing. Even a similar-sounding name can lead to objections. If you find an exact or similar name already registered in your class, you might want to reconsider or tweak your brand name slightly.
Once you’ve confirmed your trademark is available and decided on the right class, the next step is to prepare for filing. Again, no need to hire a lawyer at this point. You’ll be using the official Trademark E-filing portal.
This is where you’ll fill out Form TM-A, which is the application form for trademark registration. The portal allows you to create your own account and file online from anywhere in India.
Now, Form TM-A might look intimidating at first glance, but it’s just asking for basic information. You’ll need to enter your name or your business name (if you’re applying as a sole proprietor, company, startup, etc.), your address, details about your trademark (like whether it’s a wordmark or a logo), and a brief description of your goods or services.
Make sure you select the correct class here. The application also requires you to upload a clear image of your trademark if it’s a logo, and optionally some supporting documents if you’re claiming a lower government fee as a startup or individual.
Speaking of fees, the cost of applying depends on who you are. If you’re an individual, a startup, or a recognized MSME, the government charges only ₹4,500 per trademark per class. For all others, it’s ₹9,000. This fee can be paid online directly on the portal via net banking, debit card, or UPI.
And just like that, once you complete the form and pay, your application is filed. You’ll receive an acknowledgment with a TM application number, which you should save carefully. This number lets you track the status of your application, and you can start using the ™ symbol from this point onward.
Not sure what the difference is between ™ and ®? You’ll want to read this simple explainer on trademark symbols and when to use them.
The filing step is a major milestone, and the best part is—it’s absolutely within reach, even if you’ve never touched a legal form before. The government portal might not win any awards for design, but it works just fine. As long as you’re clear on your brand, your class, and your documents, you’re good to go.
Up next, we’ll talk about what happens after you file—because yes, there’s a waiting game and a few possible twists. But don’t worry, it’s not as scary as it sounds.
Once your application is filed and you’ve got your acknowledgment number, your job isn’t over just yet. But you’ve done most of the heavy lifting. Now, the ball is in the court of the Trademark Office.
The post-filing stage involves several internal processes, and while they don’t always require your intervention, it’s helpful to understand what’s happening in the background so you’re not left in the dark.
The first thing that happens is a formality check. This is where the system ensures that your application is complete—correct class, proper documents, and no technical gaps. If everything looks fine, the application is queued for examination.
This part is done manually by an examiner at the Trademark Registry. Within about 3 to 6 months (though timelines can vary), the examiner reviews your application and issues what’s called an Examination Report. This report will either say “Accepted” or point out “Objections.”
If accepted, your trademark moves straight to publication in the official Trademark Journal. This is a public document published weekly, and your mark stays listed for 4 months.
During this period, anyone in the public (like competitors or other businesses) can file an opposition if they believe your trademark is too similar to theirs or infringes their rights. If no one opposes it during this window, congratulations—your mark proceeds to registration, and you’ll be issued a certificate. That’s when you can proudly start using the ® symbol.
But what if your application faces an objection during examination? Don’t panic. This is common and doesn’t mean rejection. Around half of all trademark applications face some kind of objection.
Objections usually fall under two sections of the Trade Marks Act—Section 9 (absolute grounds for refusal) and Section 11 (relative grounds). Section 9 objections are raised if the mark is too generic, descriptive, or lacks distinctiveness—like trying to trademark the word “Fresh” for fruits. Section 11 objections, on the other hand, relate to similarity with existing trademarks.
When you receive an objection, you’ll also get an Examination Report outlining the reasons. You need to file a reply within 30 days, explaining why your trademark deserves registration.
You can include legal reasoning, examples of existing similar trademarks, and evidence that your brand is unique. If your reply satisfies the examiner, your application will proceed.
If not, a hearing might be scheduled, which you can attend virtually or in person. While this is one point where some people choose to consult a lawyer, many handle basic objections themselves with the help of online guides or even sample replies available on the IP India website.
To make your life easier and increase your chances of a smooth registration, there are a few smart practices to follow. First, when choosing a brand name, try to create something unique and inventive.
Coined words like “Zomato” or “Nykaa” are great because they’re not found in regular dictionaries and don’t describe the product directly. Avoid using common words like “best,” “Indian,” or “global,” especially in industries that are already crowded.
Next, try to register a wordmark first rather than a logo. A wordmark gives broader protection, meaning it covers your brand name in any stylization or font. You can always register your logo separately later once your brand identity solidifies.
Also, take advantage of the reduced fee for individuals, startups, or MSMEs. If you haven’t registered on the Udyam portal or under DPIIT Startup India scheme, do that first—it only takes 10–15 minutes and can save you ₹4,500.
Another good practice is to make sure your domain name and social media handles are available and consistent with your trademark. There’s no legal requirement for this, but it’s smart branding. It also helps show the examiner that you’re actively using the mark in commerce, which supports your case if objections arise.
Now, let’s talk briefly about the cost involved in trademark registration. If you’re doing it yourself, the only fixed cost is the government fee. This is ₹4,500 if you’re applying as an individual, startup, or MSME—and ₹9,000 for companies or other entities that don’t qualify for the discount.
If you’re registering your brand in multiple classes (say for both education and merchandise), the fee multiplies per class. You might also spend a small amount on designing a logo or getting help with objections later, but that’s optional.
To sum up, registering a trademark in India without a lawyer is not only possible but also practical. The process may seem bureaucratic at first, but once you understand the steps—from searching to filing to dealing with objections—it becomes something you can handle on your own. With just a little time and patience, you can secure legal protection for your brand and save thousands in legal fees.
FAQs
1. Do I need a Digital Signature Certificate (DSC) to file a trademark application?
Yes, if you’re filing online through the Trademark E-filing Portal, you need a Class 3 Digital Signature Certificate to sign and submit the application. You can get one from any licensed Certifying Authority in India.
2. Can I use the ™ symbol right after filing my application?
Yes, you can start using the ™ symbol as soon as you file your trademark application and receive the acknowledgment number. You don’t need to wait for approval.
3. How long does it take to get a registered trademark in India?
If there are no objections or oppositions, it usually takes around 6 to 12 months. If there are complications, it may take up to 18–24 months.
4. What is the cost of filing a trademark without a lawyer?
The government fee is ₹4,500 for individuals, startups, and MSMEs, and ₹9,000 for others—per class. There are no lawyer fees if you do it yourself.
5. What if someone opposes my trademark after publication?
You’ll have a chance to respond and defend your case before the Registrar. If resolved in your favor, your trademark proceeds to registration.
Already have a trademark and wondering how long it lasts? Here’s what to know about trademark validity and renewals in India.
