A registered trademark gives your brand | whether it is a name, logo, tagline, or combination | an exclusive right to use that mark in the class of goods or services for which it is registered. Registration creates a legal presumption of ownership and is the foundation for enforcing your brand rights against infringers.
Step 1: Trademark Search
Before filing, a thorough search of the Trademark Registry's online database (ipindiaonline.gov.in) should be conducted to check whether an identical or confusingly similar mark already exists in the relevant class. Finding a conflict early saves significant time and money. SRI Filing conducts a comprehensive search covering direct matches, phonetic similarities, and transliterations.
Step 2: Selecting the Right Class
Trademarks are registered under 45 international classes, divided into 34 classes for goods (Classes 1–34) and 11 classes for services (Classes 35–45). You must file under every class relevant to your business. Filing in an incorrect or insufficient class can leave your brand unprotected in important categories.
Step 3: Filing the Application
The application (Form TM-A) is filed with the Trade Marks Registry. Government fees are ₹4,500 per class for individuals, startups, and small enterprises (certified as MSME or Startup India), or ₹9,000 per class for companies. The application can be filed online through the IP India portal and immediately generates a trademark application number that you can use as a ™ symbol on your brand materials.
Step 4: Examination
The Registry examines the application within 30–90 days. If the examiner raises no objections, the trademark is advertised in the Trademark Journal for a four-month opposition window. If the examiner issues an examination report raising absolute or relative grounds of objection, you must file a response (and possibly attend a hearing) to overcome the objection.
Step 5: Opposition Period
After advertisement in the Journal, any third party has four months to file an opposition. If no opposition is filed, or if opposition proceedings conclude in your favour, the Registry proceeds to registration.
Step 6: Registration Certificate
Once registered, you receive a Registration Certificate and are entitled to use the ® symbol. The trademark is valid for ten years from the date of application and can be renewed indefinitely in ten-year increments for a renewal fee.
Typical Timeline
In practice, a trademark moves through examination and Journal advertisement in six to twelve months, with the full registration certificate issued one to two years from filing if no objections or oppositions arise. Expedited examination (for additional fee) reduces examination time significantly.
Protecting Your Mark
Registration alone does not protect your brand | you must actively use the mark and take action against infringers. SRI Filing's trademark team can also assist with responding to examination reports, handling opposition proceedings, and sending cease-and-desist notices to infringers.
Non-compliance or delayed filings attract mandatory late fees, daily interest, or director disqualification under Companies Act & GST regulations. SRI Filing provides timely filing assistance to maintain 100% active legal standing.
Need Direct Assistance With Trademark Registration Process?
SRI Filing handles document compilation, portal submissions, MCA / GST compliance verification, and post-approval documentation end-to-end.
