1. Trademark Name Search (Very Important)
Before applying, check whether your brand name is already registered.
How to do it
1. Go to the official IP India portal:
[https://ipindiaonline.gov.in/tmrpublicsearch](https://ipindiaonline.gov.in/tmrpublicsearch)
2. Choose Wordmark search.
3. Select the correct Class (Nice Classification system).
4. Enter your brand name.
Tips for safer approval
Avoid names similar to existing trademarks.
Avoid generic words like Best Mobile Store.
Create unique invented words (example: Zomato, Google).
Example
If your business is clothing, search in Class 25.
2. Choose Correct Trademark Class
India follows Nice Classification (45 classes).
Examples:
Class | Category
25 Clothing
30 Food products
35 Business services
41 Education & training
42 Software & technology
Choosing the wrong class can cause objections or rejection.
3. Decide Applicant Type
Trademark can be filed by different entities.
Individual
If a person owns the brand personally.
Documents:
PAN card
Aadhaar
Logo (optional)
Proprietorship
Same as individual but business name included.
Partnership Firm
Documents:
Partnership deed
PAN of partners
Company (Pvt Ltd / LLP)
Documents:
Certificate of Incorporation
Director identity proof
Company address proof
4. Prepare Required Documents
Common documents:
Brand name / logo
Applicant details
Business description
MSME certificate (optional for discount)
Power of attorney (Form TM-48 if using agent)
5. Trademark Application Filing
Application form: TM-A.
Official government fee:
Applicant Fee
Individual / Startup / MSME ₹4500
Company ₹9000
After filing you receive TM Application Number.
Example format:
TM Application No: 5432100
Now you can use:
™ (Trademark) with your brand.
6. Trademark Examination
The Trademark Registry examines your application.
Possible results:
Accepted
Objected
Time frame:
1–3 months usually.
7. Trademark Objection (Very Common)
If examiner finds issue, you receive Examination Report.
Common reasons:
Similar existing trademark
Descriptive name
Wrong class
Generic words
How to respond
You must file Trademark Objection Reply within 30 days.
Reply includes:
Legal arguments
Case laws
Brand explanation
Evidence of usage
If accepted → Application proceeds.
If not → Hearing scheduled.
8. Trademark Hearing
A hearing is conducted by a Trademark Hearing Officer.
You must explain:
Why the trademark is unique
Why confusion won’t occur Business proof
Required documents
Evidence of usage
Website
Invoices
Advertisements
After hearing:
Possible outcomes:
Accepted
Refused
Additional evidence required
9. Evidence Submission
Evidence strengthens your trademark claim.
Examples:
Sales invoices
GST returns
Website screenshots
Advertising materials
Social media pages
Evidence proves prior use of trademark.
10. Trademark Journal Publication
If accepted, your trademark is published in Trademark Journal.
Example publication:
Journal number
Date
Trademark details
Now anyone can challenge it.
Opposition period:
4 months
11. Trademark Opposition
If someone believes your mark conflicts with theirs, they can file opposition.
Opposition form: TM-O
Opposition process
1. Notice of Opposition
2. Counter Statement
3. Evidence by Opponent
4. Evidence by Applicant
5. Rebuttal Evidence
6. Hearing
This process may take 12–18 months.
12. Trademark Registration Certificate
If no opposition or opposition resolved:
Trademark is registered.
You receive *Registration Certificate (TM-R).
Now you can use:
(Registered Trademark)
Validity:
10 years
Renewable forever.
13. Early Hearing Process (Fast Track)
If your application is stuck in hearing stage, you can request early hearing.
Form:
TM-M
Government fee:
₹900 for individuals
₹1800 for companies
Steps
1. File TM-M request
2. Mention reason for urgency
3. Attach supporting documents
Common reasons accepted:
Business launch
Franchise deals
Legal dispute
Investor requirement
After approval hearing scheduled within 1–2 months.
14. Trademark Protection Tips
To avoid problems:
✔ Use unique brand names
✔ Avoid common words
✔ Register logo + wordmark
✔ File in correct class
✔ Keep evidence of usage
15. Trademark Status Tracking
You can track status here:
[https://ipindiaonline.gov.in/eregister/eregister.aspx](https://ipindiaonline.gov.in/eregister/eregister.aspx)
Possible statuses:
New Application
Formalities Check Pass
Marked for Exam
Objected
Accepted
Advertised
Opposed
Registered
16. Time Required for Trademark Registration
Typical timeline:
Step Time
Filing Immediate
Examination 1–3 months Objection reply 30 days
Journal publication 4 months Registration 6–12 months
If objection + opposition → 1–2 years
17. Does Trademark Guarantee Protection?
Trademark does not give absolute guarantee, but it gives strong legal rights.
You can:
Stop others from using similar names
Send legal notice
File infringement case
Claim damages
18. Cost Estimate (Complete Process)
Approximate total cost:
Service Cost
Government filing ₹4500 – ₹9000
Professional fees ₹2000 – ₹15000
Objection reply ₹3000 – ₹10000
Hearing representation ₹5000 – ₹15000
19. Pro Tips for 90% Approval
Use invented brand names like:
Zomato
OYO
Flipkart
Meesho
Avoid names like:
Best Store
Quality Clothing
Fast Delivery
Unique names pass faster.
