Trademark Registration Process in India, Step by Step
Search · Form TM-A · Examination · Journal · Registration, under the Trade Marks Act, 1999
Trademark registration in India has seven stages: a search, filing Form TM-A with the Trade Marks Registry, formalities and examination under Sections 9 and 11, a reply and hearing if objections are raised, advertisement in the Trade Marks Journal, a four-month opposition window, and registration. Each stage shows as a status on IP India. See how long it takes.
- Reviewed by
- Registered Trade Marks Agent
- Last updated
- Statutory dates diarised. One-month reply, four-month opposition and two-month counter-statement.
- Status read for you. What each IP India status means, and whether you need to act.
- Problems caught early. Formality defects and objections answered before deadlines bite.
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- Since 2008Filing with IP India
- Objections handledReplies and hearings by a named professional
- International filingMadrid, PCT and direct filing
Trademark registration process at a glance
- Stages
- Search, filing, examination, reply and hearing, advertisement, opposition window, registration
- Reply deadline
- One month from receipt of an examination report (rule 33(4))
- Opposition window
- Four months from the Journal date (rule 42)
- Tracking
- Application status on IP India, by application number
- How long it takes
- Depends on objections and oppositions: see how long trademark registration takes
What are the steps to register a trademark in India?
The Indian trademark journey under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017: each stage with its period, form, rule and the status IP India shows, and whose part it is.
Before filing
Stage 1: Search the register
Our part
Identical and similar marks in your classes and related classes, by word, phonetic variant and logo.
Trademark searchDay 1
Stage 2: File Form TM-A
Our partForm TM-AForm TM-48
Filed online with the fee per class. IP India issues the application number at once, and from then on you may use the ™ symbol.
Rule 32
Trademark registration in IndiaStatus on IP India
After filing
Stage 3: Formalities and Vienna codification
IP India’s partForm TM-M
Logo elements are coded under the Vienna Classification and the filing details checked. A formal defect is remedied within one month of the notice.
Rule 31
What Formalities Chk Pass meansStatus on IP India
Usually within a few months
Stage 4: Examination
IP India’s part
An examiner tests the mark under Section 9 (the mark itself) and Section 11 (earlier marks), and either accepts it or issues an examination report.
Section 9 · Section 11
What Marked for Exam meansStatus on IP India
Within one month of the reportStatutory
Stage 5: Reply to the examination report
Our part
A written reply with evidence where useful. Without it, the application may be treated as abandoned.
Rule 33(4)
Trademark objection replyStatus on IP India
If objections remain
Stage 6: Show cause hearing, by video
Both
The applicant is heard before any refusal. The hearing may be held by video conference, and the decision follows in a written order.
Rule 33(6) · Rule 115
Trademark hearingStatus on IP India
After acceptance
Stage 7: Advertised in the Trade Marks Journal
IP India’s part
The mark is published in the Journal on IP India, as accepted or, in some cases, before acceptance.
Section 20
What Accepted & Advertised meansStatus on IP India
Four months from the JournalStatutory
Stage 8: Opposition window
IP India’s partForm TM-O
Any person may oppose on Form TM-O. If opposed, a counter-statement is due within two months of receiving the notice.
Section 21 · Rule 42 · Rule 44
Trademark oppositionStatus on IP India
After the window
Stage 9: Registered: certificate issued, ® allowed
IP India’s partForm RG-2
If unopposed, or the opposition fails, the mark is registered with effect from the application date. Only now may ® be used.
Section 23
TM and ® symbols in IndiaStatus on IP India
Every 10 yearsStatutory
Stage 10: Renewal every 10 years
Our partForm TM-R
Registration lasts 10 years from the application date and is renewable every 10 years without limit.
Section 25
Trademark renewal
The ten steps below follow an application from first idea to certificate. Statutory periods are marked; other times are typical.
Before filing
Search the register and the market
Identical and similar marks in your classes and related classes, by word, phonetic variant and logo. See trademark search.
Before filing
Settle the applicant, mark and specification
Who will own the mark, the exact form of the mark, the classes and the goods or services. These are hard to change after filing.
Day 1
File Form TM-A
Filed online with the fee per class and the authorisation on Form TM-48. The system issues an electronic receipt and application number at once (rule 32), and the filing date becomes your priority date in India.
After filing
Vienna codification and formalities
Logo elements are coded under the Vienna Classification and the filing details checked. A formality defect is fixed by a request on Form TM-M.
Usually within a few months
Examination
An examiner tests the mark under Section 9 (the mark itself) and Section 11 (earlier marks), and either accepts it or issues an examination report.
Within one month of the report
Reply to objections
A written reply with evidence where useful. Without it, the application may be treated as abandoned (rule 33(4)). See objection reply.
If objections remain
Show cause hearing
The applicant is heard before any refusal (rule 33(6)). The hearing may be held by video conference (rule 115), and the decision follows in a written order.
After acceptance
Advertisement in the Trade Marks Journal
The mark is published in the Journal on IP India, as accepted or, in some cases, before acceptance (Section 20).
Four months from the Journal
Opposition window
Any person may oppose on Form TM-O (rule 42). If opposed, a counter-statement is due within two months of receiving the notice (rule 44). See opposition.
After the window
Registration and certificate
If unopposed, or the opposition fails, the mark is registered with effect from the application date (Section 23) and the certificate is issued on Form RG-2. Renewal falls due 10 years from filing.
What documents are required for trademark registration?
Most applications need only the first four items. The rest depend on the applicant, the mark and any claim made in the application.
| Document | Who needs it | Why |
|---|---|---|
| The mark: the word, or a clear image of the logo | Every applicant | Rule 26 asks for a clear representation, no larger than 8 cm × 8 cm, in colour if colour is claimed |
| Goods or services, and the classes | Every applicant | The specification fixes what the registration covers; it can be narrowed later but never widened |
| Applicant name, address and legal form | Every applicant | The principal place of business decides which Registry office handles the file (rule 4) |
| Form TM-48, authorisation of the agent | Applicants filing through an agent | Lets the registered trade marks agent file and correspond for you |
| Affidavit of use with supporting documents | Applicants claiming use before the filing date | Rule 25(2) requires it whenever prior use is claimed; dated invoices and advertising are typical exhibits |
| Udyam or DPIIT certificate | Companies, LLPs and firms claiming the lower fee | Proof of small-enterprise or startup status for the reduced First Schedule fee |
| Certificate from the foreign trade marks office | Applicants claiming convention priority | Rule 24: filed with the application, or within two months of it |
| Transliteration and translation | Marks with words or numbers in a script other than English or Hindi | Rule 28: stated in the application, with the language named |
For the fee each applicant pays, see trademark fees.
Which IP India status will you see at each stage?
IP India shows a short status for every application. Here they are in the order an application meets them, with what each means and whether you need to act. Each status is explained in full in our guide to trademark status meanings.
| Stage | Status on IP India | What it means | Do you need to act? |
|---|---|---|---|
| Filing | [New Application](/blog/trademark-status-meanings) | Filed and numbered; not yet processed | No |
| Filing | [Send to Vienna Codification](/blog/trademark-status-meanings) | Logo elements are being coded | No |
| Formalities | [Formalities Chk Pass](/blog/trademark-status-meanings) | Filing details are in order | No |
| Formalities | [Formalities Chk Fail](/blog/trademark-status-meanings) | A formal defect was found | Yes, remedy it within one month of the notice (rule 31) |
| Examination | [Marked for Exam](/blog/trademark-status-meanings) | Waiting for or under examination | No |
| Examination | [Objected](/blog/trademark-status-meanings) | An examination report has issued | Yes, reply within one month |
| Hearing | [Ready for Show Cause Hearing](/blog/trademark-status-meanings) | A hearing is to be fixed or has been fixed | Yes, prepare for the hearing |
| Journal | [Accepted & Advertised](/blog/trademark-status-meanings) | Published in the Journal after acceptance | Watch for oppositions for four months |
| Journal | [Advertised bef acc](/blog/trademark-status-meanings) | Published in the Journal before acceptance (Section 20 proviso) | Watch for oppositions; conditions may apply |
| Opposition | [Opposed](/blog/trademark-status-meanings) | A notice of opposition has been filed | Yes, counter-statement within two months |
| Registration | [Registered](/blog/trademark-status-meanings) | Entered on the register | Diarise renewal at 10 years from filing |
| Ended | [Abandoned](/blog/trademark-status-meanings) | Treated as abandoned, often for a missed deadline | Yes, take advice quickly |
| Ended | [Refused](/blog/trademark-status-meanings) | Refused by order of the Registrar | Consider review within one month or appeal within three months |
Status labels can change on the IP India portal. The examination report or Journal entry itself is what counts.
How can you avoid delays in trademark registration?
- Search before filing. Most Section 11 objections and oppositions come from marks a search would have found.
- Choose a distinctive mark. Invented or arbitrary names avoid Section 9 objections; descriptive names attract them.
- Word the specification precisely. Clear goods and services in the right classes avoid formality objections.
- Get the applicant right. Correct legal name, entity type and category, with proof of startup or small-enterprise status.
- Keep evidence of use ready. Dated invoices and advertising help if a distinctiveness objection is raised.
- Consider expedited examination. A request on Form TM-M under rule 34 means the application is ordinarily examined within three months of the request, which helps before a launch or funding round.
Trademark process FAQs
How can I check my trademark application status?
On the IP India portal, by entering the application number in the trade mark status search. The page shows the status, the examination report if any, and the Journal details once advertised.
Does “Accepted & Advertised” mean my trademark is registered?
Not yet. It means the Registrar has accepted it and published it for opposition. Registration follows once the four-month opposition period passes without an opposition, or an opposition fails.
Can I file a trademark before my product launches?
Yes. You can apply on a “proposed to be used” basis, which secures an earlier filing date. Using the mark within a reasonable time keeps it safe from removal for non-use later.
Is the registration certificate issued on paper?
The registration certificate is generated electronically and can be downloaded from IP India once the mark is registered. We send you a copy and diarise the renewal date.
Can I use the registration certificate in court or to file abroad?
Not the ordinary certificate. Rule 29(2) says the Form RG-2 certificate is not to be used in legal proceedings or for obtaining registration abroad; for those purposes the Registrar issues a certificate under section 137 on request.
What date does my trademark protection start from?
From the application date. Registration takes effect from the date of application (Section 23), which is why filing early matters.
Can I withdraw a trademark application?
Yes, at any stage before registration, by a request to the Registry. The government fee is not refunded, except in the narrow section 133 case explained on our trademark fees page.
Official sources
Further reading
- How Long Does Trademark Registration Take in India?Stage-by-stage timings from filing to certificate, and what adds months: objections, hearings and oppositions.
- TM vs R (™ vs ®): What Each Symbol Means and When You Can Use ItTM vs R: what ™ and ® mean in India, when each may be used, and the section 107 penalty for claiming a registration you do not hold.
- Which Trademark Registry Handles Your Application? A City-by-City GuideThe five Registry offices, the rule that decides yours, and a state-by-state and city-by-city table.