Own your brand name / logo for 10 years, renewable forever.
Section 28 exclusive rights to sue infringers · use ™ from Day 1 of filing · Amazon / Flipkart / Meesho Brand Registry unlocked · Section 49 franchise licensing enforceable · Madrid Protocol for 130+ countries. Filed via Form TM-A on IP India portal. 4-database clearance search before filing catches Section 11 conflicts that cause 70% of refusals.
- Public trademark search (4-database clearance)
- Class selection under Nice Classification (45 classes)
- Form TM-A filing with Class 3 DSC
- Application number (use ™ immediately)
- Objection (FER) reply and any opposition — quoted separately
What is a Trademark, and why register?
In one line: legal ownership of your brand identity — with statutory power to stop copycats, enforceable in courts across India.
A trademark under Section 2(zb) of the Trade Marks Act, 1999 is any mark — device, brand, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colours — capable of being represented graphically and distinguishing your goods/services from others.
Governed by the Trade Marks Act 1999 and Trade Marks Rules 2017. Administered by the Controller General of Patents, Designs and Trade Marks (CGPDTM) under the Ministry of Commerce and Industry. Filed electronically via Form TM-A on IP India portal.
The core value: Section 28 grants the registered proprietor exclusive rights to use the mark AND the statutory right to sue for infringement. Without registration, you're limited to weaker "passing off" common-law claims that require proving goodwill, misrepresentation, and damages in court.
India follows Nice Classification — 45 international classes (34 goods + 11 services). Protection is class-specific: filing in Class 25 (apparel) does NOT protect you in Class 30 (food).
Timeline: 12-18 months uncontested for the full registration process (or 6-9 months fast-track via Form TM-M). But you can use ™ from Day 1 of filing.
Choose Trademark if you...
- You have a brand name, logo, or slogan you want to legally own
- You want Section 28 exclusive rights to sue infringers
- You sell on Amazon Brand Registry / Flipkart Brand Protection / Meesho Brand Shield — TM is mandatory
- You plan to franchise under Section 49 — licensing needs a registered mark
- You want Madrid Protocol international protection across 130+ countries
- You want 50% government fee concession (available if DPIIT startup or Udyam MSME)
Skip Trademark if you...
- Your brand name is purely descriptive/generic — will be refused under Section 9(1)
- Your mark conflicts with an existing registered TM in the same class — will be refused under Section 11
- You plan to use ® before the certificate is issued — Section 107 criminal offence (up to 3 years jail)
- You expect protection in categories you didn't file for — TM is class-specific
- You want single-shot protection abroad — India-only TM does NOT protect internationally (use Madrid Protocol)
What TM registration actually delivers
Every benefit tied to a specific section of the Trade Marks Act — not marketing, statutory protection.
Section 28 Exclusive Rights
Under Section 28 of the Trade Marks Act 1999, registration grants the proprietor exclusive rights to use the mark in the registered class + statutory right to sue for infringement. Without registration, you're limited to weaker "passing off" common-law claims — requires proving goodwill, misrepresentation, and damages (a much higher bar).
50% Fee Concession · Startup / MSME
Trade Marks Rules 2017 grant a 50% concession on all statutory fees to DPIIT-recognised startups and Udyam-registered MSMEs. Government fee drops from ₹9,000 to ₹4,500 per class. Multi-class filings multiply the savings — 3 classes saves ₹13,500 per application.
Brand Registry Access
A registered trademark (or filed TM-A application number) unlocks Amazon Brand Registry, Flipkart Brand Protection, Meesho Brand Shield, and similar e-commerce platform tools. Take down counterfeit listings, protect your storefront, prevent hijacking. Essential for D2C brands.
Franchise + Licensing Ready
Under Section 49 of Trade Marks Act 1999, franchise agreements and licensing contracts require a registered mark for enforceability. Cannot legally franchise an unregistered brand — courts won't enforce royalty terms. Registration is the pre-requisite for scale.
10 Years Renewable Indefinitely
Registration valid for 10 years from application date. Renewable indefinitely via Form TM-R. Renewal fee ₹9,000 per class (individuals ₹5,000). 6-month grace period with ₹3,000 surcharge. 1-year restoration if lapsed — perpetual protection possible.
Madrid Protocol International Filing
Once you have Indian TM registration (or application), you can file a Madrid Protocol international application through IP India for protection in 130+ countries via one single application. Cheaper than filing in each country. Cascade protects your brand globally from Day 1 of India filing.
Coming soon: the full TM registration flow — in 2 minutes
From clearance search to Form TM-A filing to certificate issuance.
4-stage TM registration flow
Teal = filing (Day 1). Gold = examination + FER (Day 90-210). Green = post-certificate benefits.
WhatsApp us your brand basics
Mark, class(es), applicant details, prior use dates. Free eligibility pre-check within business hours.
4-database search + Form TM-A
IP India TM search + Madrid Protocol + business names + Google. If clean, file TM-A same day. Application number issued.
Examination Report
Registrar issues First Examination Report. ~40% of applications get objections (Section 9 distinctiveness or Section 11 conflicts).
Reply drafted by CS
We reply within 15 days of FER receipt. Missing 30-day deadline = automatic abandonment. Legal arguments + similar-mark comparisons.
Published for opposition
Mark published in Trademark Journal for 4-month opposition window. Third parties can file opposition (₹2,700 govt fee per opposition).
Registration issued 🎉
Certificate downloaded from IP India portal. NOW legally use ® symbol. Section 28 exclusive rights activate. All Amazon Brand Registry benefits kick in.
Eligibility — 6 checkpoints
Documents you'll need
Light on paperwork. Heavy on distinctiveness of the mark and correct classification.
Applicant Details
- PAN of applicant (individual/entity)
- Aadhaar (individual applicant) / COI/GST (entity)
- Full legal name matching MCA/PAN exactly
- Address matching PAN/MCA records
- Class 3 DSC of applicant/authorised signatory
Trademark Details
- Trademark representation (wordmark text OR logo PNG in high resolution)
- Nice Classification class(es) to file in
- Description of goods/services
- Date of first use (if used prior to filing) — must be verifiable
- User affidavit (if claiming prior use)
Concession Eligibility
- DPIIT startup recognition certificate (if applicable)
- Udyam Registration Certificate (if applicable)
- MSME classification proof (Micro/Small/Medium)
- GSTIN of the applicant entity
- Board resolution authorising TM filing (for companies)
Calculate your exact cost + concession eligibility
Multi-class filings, fast-track, add-ons — configure any combination. LIVE concession detection based on your entity type.
Registered TM vs ™ Filed vs Passing Off vs Copyright
Different IP protections serve different purposes. Registered TM is the strongest for brand names; copyright covers creative works; passing off is a last-resort common-law fallback.
| Criteria | Registered TM | ™ Filed only | Passing Off | Copyright |
|---|---|---|---|---|
| Legal foundation | Trade Marks Act 1999 + Rules 2017 | Trade Marks Act 1999 (pending) | Common law (goodwill) | Copyright Act 1957 |
| Symbol | ® (after certificate) | ™ (from filing) | None (common law) | © |
| Section 107 criminal ® use | Safe (post-certificate) | ✗ Never use ® pre-cert | N/A | N/A |
| Right to sue for infringement | ✓ Section 28 statutory | Limited (application-based) | Must prove goodwill | Copyright Act |
| Class-specific protection | ✓ Yes (Nice classification) | ✓ Yes | ✗ No formal class | N/A (work-specific) |
| Amazon/Flipkart Brand Registry | ✓ Full access | Partial (application no.) | ✗ No | ✗ No |
| Franchise/licensing (Sec 49) | ✓ Enforceable | ✗ Not enforceable | ✗ Not enforceable | Works only |
| Duration | 10 yr · renewable forever | Filing date onwards | As long as goodwill exists | Lifetime of author + 60 years |
| Madrid Protocol international | ✓ Eligible | ✓ Eligible | ✗ No | ✗ (Berne separate) |
| Cost | ₹4,500-9,000 per class + prof fee | Included in registration fee | None (but litigation heavy) | ₹500-2,000 govt fee |
| Timeline to enforceable right | 12-18 months (or 6-9 fast-track) | Filing date (limited) | Only when suing (case-by-case) | 2-3 months registration |
| Best for | Brand names, logos, slogans, trade dress | Immediate use during application | Only if TM not filed (fallback) | Creative works: books, music, code |
Trade Marks Act 1999 · Key Sections
Every trademark decision references one of these six. Master them → understand the entire game.
From filing to certificate — key milestones
4 critical dates. Filing Day 1. FER reply within 30 days of receipt. Journal publication. 4-month opposition window. Then certificate.
Start using ™ symbol immediately
From the moment Form TM-A is filed and you have an application number, you can legally use the ™ symbol on all branding, packaging, invoices, social media, and website. Signals to competitors that your mark is under legal protection.
NEVER use ® until certificate — Section 107 criminalDeploy on packaging + website
Update product packaging, website footer ("XYZ™ is a trademark of [Company]"), invoice templates, and marketing collateral with ™ symbol. Register with Amazon Brand Registry using application number for partial protection.
Filing date locks priority — earlier filers winReply to Examination Report
Registrar issues First Examination Report (FER) around Day 90-180. Objections typically raise: distinctiveness (Section 9), conflict with existing mark (Section 11), or user affidavit required. Reply drafted by CS within 30 days.
Missing 30-day deadline = application abandonedPublication in TM Journal
If FER accepted, mark is published in the Trademark Journal for a 4-month opposition window. Any third party can file opposition. If no opposition, registration certificate issues around Day 480-540. Now legally use ® symbol.
Opposition adds 6-24 months to timeline6 common Trademark mistakes — and how to avoid them
The biggest: skipping clearance search. 70% of TM refusals come from Section 11 conflicts. All preventable.
Skipping public trademark search
70% of TM refusals come from Section 11 conflicts with existing registered marks. Filing without searching = losing your ₹4,500-9,000 government fee (non-refundable) + 6-12 months of wasted time. Common trap: founders assume a distinctive brand name is available.
Wrong Nice Classification class
Class 25 (clothing) does NOT protect you in Class 35 (retail services). Filing in wrong class = protection gap. Common: an apparel D2C brand files only Class 25 (goods) and forgets Class 35 (retail services) — competitors can register the same mark for their retail business.
Using ® before certificate issues
Section 107 of Trade Marks Act 1999 makes using ® before actual registration a criminal offence — punishable by imprisonment up to 3 years, or fine, or both. Common mistake: founders excited about filing put ® on packaging immediately. This creates legal risk AND buyer scrutiny.
Descriptive/generic marks
Section 9(1) prohibits registration of marks that are: descriptive of the goods/services ("Delicious Food"), generic ("Fresh Milk"), or non-distinctive. Weak marks get objected in FER. Common trap: founder picks a "clear, obvious" name — actually the least protectable.
Not claiming prior use with affidavit
If you've been using your mark for 6+ months before filing, claiming "prior use" with a user affidavit strengthens your application enormously — creates priority against anyone filing later even if they filed slightly earlier. Missed opportunity for most brands.
Missing the FER reply 30-day deadline
Registrar's First Examination Report gives you exactly 30 days to reply. Missing this deadline = application automatically abandoned. Cannot revive. You lose government fee + time + priority.
Pick your engagement
Single-class? Multi-class + opposition? Full IP portfolio management with Madrid Protocol? Match to your brand scale.
What your ₹2,500 covers
- Clearance search across 4 databasesChecks for similar marks before you file — the step that decides most objections.
- Class selection adviceThe right class (or classes) for what you actually sell.
- Form TM-A filingFiled for one class; you can use ™ from the filing date.
- Application number and filing receiptDelivered to you, with a copy kept in your file.
- Application trackingWe tell you the day an examination report (FER) arrives and its 30-day deadline. The reply itself is quoted separately.
₹2,500 + 18% GST = ₹2,950, plus the government fee per class: ₹4,500 for individuals, startups and small enterprises, ₹9,000 for others.
Comparing with a cheaper listing? Ask these first
- Is a proper clearance search done before filing?
- If the Registry raises an objection, what does the reply cost — and is it quoted before work starts?
- Who advises on the right class — and on filing in more than one?
- Is the government fee per class shown separately?
- What happens, and what does it cost, if the mark is opposed?
- 4-database clearance search
- Class selection consultation
- Form TM-A filing (single class)
- Application number + filing receipt
- Use ™ immediately from filing
- Objection (FER) reply (quoted separately)
- Multi-class filings (add ₹2,500 per class)
- Opposition proceedings (separate)
- Everything in Standalone
- Multi-class filing (up to 3 classes)
- User affidavit for prior use claim
- FER reply (up to 3 rounds)
- Opposition support (up to 3 rounds if any)
- Amazon Brand Registry submission
- Registration certificate delivery
- Fast-track Form TM-M add-on (+₹8,000)
- Everything in TM+ Package
- Multi-TM portfolio management
- Renewal tracking + Form TM-R filings
- Watch service (competitor filing alerts)
- Infringement action drafting
- Madrid Protocol international filing
- Copyright + design registrations
- Cease & desist notice drafting
Prefer a call back?
Leave your number and a good time — we call within business hours (Mon–Sat, 10 am–7 pm) about Trademark Registration.
Senior CS-led IP practice — not junior filings
The Tax Paramarsh desk
"Trademark is where many applications fail — because founders skip the clearance search. Section 11 conflicts are the #1 reason for FER refusals. We do a 4-database clearance (IP India + Madrid Protocol + business name search + Google) before ever filing a Form TM-A. Result: fewer objections at examination. Section 107 criminal ® use is the second-biggest trap — founders excited about filing put ® on packaging same day and create legal exposure. We hold clients to ™ until certificate. And the Trade Marks Rules 2017 50% concession — most founders don't know they qualify as DPIIT startups or Udyam MSMEs. We verify concession eligibility on Day 1 and save clients 50% on government fees. That's the difference between form-filling and IP advisory."
What brand owners say after TM with us
Common questions
Straight answers. Still curious? WhatsApp us anything.
What is a trademark under Indian law?
Under Section 2(zb) of the Trade Marks Act, 1999, a "mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colours, or any combination thereof, capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others.
Practically: brand names, logos, slogans, product packaging, colour schemes, sound marks, shape marks — all are protectable if distinctive.
What is Section 28 exclusive rights?
Section 28 of the Trade Marks Act, 1999 grants the registered proprietor the exclusive right to use the trademark in relation to the goods/services in respect of which it is registered, PLUS the right to obtain relief in respect of infringement.
Without registration, you're limited to "passing off" — a common-law tort requiring you to prove: (a) goodwill in your mark, (b) misrepresentation by the defendant, and (c) damage. Much higher legal bar. Section 28 skips all three — registration itself is proof of your right.
How does Nice Classification work?
Nice Classification is an international system with 45 classes — 34 for goods (Classes 1-34) and 11 for services (Classes 35-45). India follows this system fully.
Common classes: Class 25 (clothing), Class 30 (food), Class 35 (retail services, advertising), Class 41 (education, entertainment), Class 42 (IT services, software), Class 5 (pharma), Class 9 (electronics).
Class-specific protection: a TM in Class 25 does NOT protect against similar marks in Class 30. Multi-class filings are common for brands with diverse product lines.
When can I use ™ vs ®?
™ (Trademark): Legal to use from the moment you file Form TM-A and have an application number. Signals your mark is claimed and under application. No penalty.
® (Registered): Legal ONLY after the Trade Marks Registry issues your registration certificate. Using ® before certificate = Section 107 criminal offence: imprisonment up to 3 years, or fine, or both. Zero forgiveness for this.
What are the total costs for trademark registration in 2026?
₹7,000 to ₹11,500 plus 18% GST on our fee for single-class filing:
- Our professional fee: ₹2,500
- Government fee: ₹4,500 (individual/startup/MSME) or ₹9,000 (company/others) — per class
- GST @ 18% on professional fee
Multi-class filings: add ₹2,500 professional fee per additional class + government fee per class. Our TM+ Package (₹15,000) covers 3 classes + opposition + Amazon Brand Registry.
How do I qualify for the 50% concession?
Trade Marks Rules 2017 grant 50% concession on all statutory fees (₹4,500 instead of ₹9,000 per class) to:
- Individuals (natural persons applying in own name)
- Sole proprietorships (applying in proprietor's name)
- DPIIT-recognised startups (need certificate)
- Udyam-registered MSMEs (need URC)
NOT available to Pvt Ltd, LLP, partnership firms, trusts, or foreign entities unless separately DPIIT/Udyam registered. Get DPIIT + Udyam BEFORE filing TM — it's free money.
What if opposition is filed against my mark?
4-month post-publication window allows third parties to file opposition (₹2,700 govt fee per opposition). If someone opposes, you must reply within 2 months with a Counter Statement. Then evidence stage (both sides file affidavits) → hearing → Registrar's decision.
Timeline: opposition adds 6-24 months. Our TM+ Package includes up to 3 rounds of opposition support at no extra fee. Full-scale opposition litigation may need separate scoping.
What is the fast-track option?
Form TM-M is the expedited examination request. Government fee: ₹20,000 per class (vs ₹9,000 for regular Form TM-A). Reduces examination time from 4-6 months to 5-10 working days.
Best for: startups with pending funding rounds, imminent product launch, urgent Amazon Brand Registry requirement. We charge ₹8,000 add-on to handle Form TM-M filing. Total fast-track cost ~₹35,000 per class.
How long does trademark registration take?
Uncontested applications: 12-18 months. Typical breakdown:
- Day 1: Form TM-A filed → application number issued → use ™ immediately
- Day 90-180: First Examination Report (FER) from Registrar
- Day 120-210: FER reply filed (30-day deadline)
- Day 300-360: Publication in Trademark Journal
- Day 300-360 + 120: 4-month opposition window ends
- Day 450-540: Registration certificate issued
Fast-track via Form TM-M: 6-9 months total.
What if I get an FER with objections?
Very common — around 40% of applications get FER objections. Most common objections:
- Section 9(1) — mark is descriptive/non-distinctive
- Section 11 — mark conflicts with existing registered mark
- User affidavit required (if claiming prior use)
- Corrections in classification or description
We reply within 15 days of FER receipt with legal arguments, similar-mark comparisons, and evidence of distinctiveness.
What happens after opposition?
If opposition is filed, timeline: Counter Statement (2 months) → Evidence stage (both parties file affidavits over 3-4 months) → Hearing → Registrar's written decision (2-6 months). Total opposition process: 6-24 months.
Appeal available to IPAB (now merged with Delhi High Court). Most oppositions settle at Counter Statement stage — 60-70% of oppositions don't reach hearing.
How do I renew after 10 years?
File Form TM-R anytime within 1 year before expiry. Renewal fee: ₹9,000 per class (some sources indicate ₹5,000 for individuals/startups — verify with Registrar). Renewal grants another 10-year term, indefinitely renewable.
Miss the deadline: 6-month grace period with ₹3,000 surcharge per class. Miss grace period: 1-year restoration window with restoration fee. After 18 months from expiry: TM removed permanently, must re-file fresh (loses priority).
Should I file single-class or multi-class?
Depends on your business scope:
- Single-class: If you sell only one product category and have no immediate expansion plans. Cheapest option.
- Multi-class: If you sell in multiple categories OR plan to expand. Filing 2-3 classes upfront costs less than filing separately later. Also blocks competitors from taking your mark in adjacent classes.
Common D2C combo: Class 25 (apparel) + Class 35 (retail) + Class 3 (cosmetics if you might expand). Our consultation includes class mapping to your business plan.
What about Madrid Protocol international protection?
Madrid Protocol is an international treaty administered by WIPO. Once you have Indian TM registration (or filed application), you can file a single Madrid application designating 130+ member countries — protection across all of them via one filing.
Cost: Basic fee ~CHF 653 (~₹60,000) + additional fees per country. Cheaper than filing separately in each country (typically 5-10× savings).
Requirement: Must have Indian home application/registration. Cannot file Madrid without India base.
Trademark vs Copyright vs Patent — which do I need?
Trademark (Trade Marks Act 1999): Brand names, logos, slogans, product identity. 10 years renewable indefinitely.
Copyright (Copyright Act 1957): Original creative works — books, music, software code, art, films. Automatic on creation, but registration adds evidence. Lifetime of author + 60 years.
Patent (Patents Act 1970): Inventions, novel processes, industrial applications. 20 years non-renewable, then public domain.
Many products need all three: a software product might have trademark (name), copyright (code), and patent (novel algorithm).
What is Section 47 non-use removal?
Section 47 of Trade Marks Act 1999 allows any interested person to file a rectification application requesting removal of a trademark if it has not been genuinely used for a continuous period of 5 years and 3 months from the registration date.
Defence: the proprietor must show bona fide use in India during that period. Token/nominal use may not count. Keep continuous usage records — invoices, packaging photos, advertising.
How does Amazon Brand Registry work?
Amazon Brand Registry requires you to have either a registered trademark OR (in some regions) a pending trademark application with a filing number. Amazon verifies via IP India lookup.
Benefits: Product listing control, counterfeit detection tools, brand analytics, A+ content, Sponsored Brands ads. Essential for D2C brands selling on Amazon.
Similar programs: Flipkart Brand Protection, Meesho Brand Shield, Etsy Brand Protection, Alibaba Cloud IP Protection. All require registered TM or filed application.
Can I franchise without registered trademark?
No — not legally enforceable. Under Section 49 of Trade Marks Act 1999, only a registered trademark can be validly licensed to a franchisee. Unregistered mark franchises face two problems:
- Franchisee can stop paying royalties and use your brand anyway — courts won't enforce
- Franchisee could apply for TM registration themselves — you'd lose your own brand
Golden rule: Register TM BEFORE offering any franchise or licensing arrangement. Even single licence deals need TM registration first.
What is passing off, and when do I use it?
Passing off is a common-law tort (not statutory) that protects unregistered marks. To succeed in passing-off action, the plaintiff must prove: (1) goodwill in the mark, (2) misrepresentation by the defendant, (3) damage to the plaintiff.
Weaker than statutory infringement — higher burden of proof, uncertain outcomes, longer litigation. Only use if: (a) TM not filed yet and infringement is happening now, or (b) mark is filed but not yet registered.
Once your TM is registered, always use Section 28 statutory infringement — stronger and faster remedy.
Note on Trade Marks Registry offices
Trade Marks Registry has 5 zonal offices: Mumbai (Western India), Delhi (North), Kolkata (East), Chennai (South), and Ahmedabad. Applications are filed with the office having jurisdiction over the applicant's principal place of business.
For online filing via IP India portal, jurisdiction is auto-assigned based on your registered address. Cross-office transfers possible if you relocate.
Let's file your Trademark this week.
WhatsApp us your mark + intended classes + entity type. Free 4-database clearance search within business hours. If clean, we file Form TM-A same-day. You get application number + ™ symbol usage same day.