Legal Suvidha is a registered trademark. Unauthorized use of our brand name or logo is strictly prohibited. All rights to this trademark are protected under Indian intellectual property laws.
Legal Suvidha
General

E-Registering a Trademark in India: Step-by-step Guide and Fees

E-registering a trademark in India in 2026 is done through the IP India portal under the Trade Marks Act, 1999. The process begins with a public trademark search across the 45 Nice Classes, followed by filing Form TM-A online with Class 3 DSC. Government fee is ₹4,500 per class for individuals, startups, and MSMEs, and ₹9,000 per class for others. Examination takes four to six months; journal publication is followed by a four-month opposition window. Registration certificates are valid for 10 years and renewable indefinitely.

Priyanka WadheraPriyanka Wadhera
Published: 7 Jan 2024
Updated: 16 May 2026
4 min read
E-Registering a Trademark in India: Step-by-step Guide and Fees
1
2
3
4
5
6
7
8
9

Step-by-step 2026 guide to e-registering a trademark in India — search, Form TM-A filing, classes, fees, examination, opposition and renewal.

A registered trademark is among the most valuable intangible assets your business can own. In 2026, the IP India portal continues to offer a fully online trademark filing experience under the Trade Marks Act, 1999, with refreshed Form TM-A workflows, real-time status tracking, and faster examination cycles. Whether you are a founder protecting a startup brand, an MSME safeguarding a product line, or an established business managing a portfolio of marks, e-registration is now the default route. This guide walks you through every step from search to certificate.

Step 1: classify your mark

Trademarks are filed under one or more of the 45 Nice Classification classes — 1 to 34 for goods, 35 to 45 for services. Choose classes carefully: filing the wrong class can leave your brand unprotected in your actual line of business. Classes 9 (software), 35 (advertising and business services), 41 (education), and 42 (technology services) are the most common for technology startups. Each class is a separate fee.

Use the free public trademark search on the IP India portal to check for identical or deceptively similar marks already registered or pending in your chosen class. Search across word marks, phonetic equivalents, and device marks. A pre-filing search saves you from objections and oppositions later. Many practitioners use both the official search and AI-augmented commercial trademark tools for comprehensive coverage.

Step 3: file Form TM-A on the IP India portal

  1. Register and log in to ipindiaonline.gov.in with your DSC.
  2. Choose applicant type: individual, startup (DPIIT-recognised), small enterprise, or other (large enterprises).
  3. Fill applicant details, mark representation (word, logo, or composite), class, and goods/services description.
  4. Pay the statutory fee — ₹4,500 per class for individuals, startups and MSMEs; ₹9,000 per class for others.
  5. Submit and receive the application number for tracking.

Step 4: examination and journal publication

The Registrar examines the application within four to six months. If accepted, the mark is published in the Trade Marks Journal for a four-month opposition window. If the examiner raises objections (typically under section 9 — absolute grounds, or section 11 — relative grounds), file a response within 30 days. If accepted post-response, the journal publication follows. If opposed by a third party within four months, an opposition proceeding ensues.

Step 5: registration certificate

If no opposition is filed within four months of journal publication, the Registrar issues the Certificate of Registration. The trademark is valid for ten years from the application date and renewable indefinitely in ten-year blocks under Form TM-R. Maintain proof of use throughout — non-use for a continuous five-year period exposes the mark to rectification under section 47 of the Trade Marks Act.

Fees and timelines summary

  • Government fee — ₹4,500 per class for individuals, startups, MSMEs; ₹9,000 per class for others.
  • Professional fee — ₹3,000 to ₹10,000 per class for filing, response, and opposition (if any).
  • End-to-end timeline — 12 to 24 months from filing to certificate for a smooth application.
  • Renewal — every 10 years, fee ₹9,000 per class with grace period.

Handling examination objections and oppositions

An examination report flagging objections under section 9 (absolute grounds — descriptive, generic, deceptive) or section 11 (relative grounds — similar to existing marks) is common. Respond within 30 days with a reasoned reply, supporting evidence of distinctiveness (use, advertising spend, sales figures), and any user affidavits where applicable. If the examiner is not satisfied, request a hearing. After successful examination and journal publication, third parties have four months to oppose. An opposition can extend the timeline by 6 to 18 months — engage a trademark attorney for the counterstatement, evidence affidavits, and hearings.

  • Maintain proof of continuous use — invoices, packaging, advertisements, social media — to defend the mark over its lifetime.
  • File renewal six months before expiry; restoration after lapse is possible but costlier and slower.
  • Use the registered mark with the (R) symbol post-registration; (TM) symbol during pending registration.
  • Consider international registration via the Madrid Protocol if you have global ambitions.

Strategic class selection for technology and consumer brands

  • Class 9 — software, mobile apps, downloadable content, electronic devices.
  • Class 35 — advertising, business administration, marketplace operations, retail services.
  • Class 38 — telecommunications, broadcasting, messaging services.
  • Class 41 — education services, online learning, training, entertainment.
  • Class 42 — SaaS, cloud computing, design and development of computer hardware and software.
  • Class 45 — legal services, security services, online social networking services.

Map your business activities to these classes carefully. A SaaS company typically files in classes 9, 35 and 42. A consumer brand selling food online may file in classes 29, 30, 35 and 43. Each class is a separate fee and a separate examination, so do not file unnecessary classes — but also do not under-file and leave protection gaps.

Conclusion

E-registering a trademark in India in 2026 is fast, transparent, and inexpensive if you classify correctly, search well, and respond promptly. Treat trademark filing as a day-one priority alongside incorporation. A registered mark is your first real moat — guard it carefully through use, renewals, and watch services.

Frequently Asked Questions

How long does trademark registration take in India?
From filing to certificate typically takes 12 to 24 months if examination and journal publication proceed without objection or opposition. Objections can extend the timeline by 6 to 12 months; oppositions can take longer.
What is the trademark fee for startups?
Individuals, startups recognised by DPIIT, and small enterprises pay ₹4,500 per class. Larger entities and others pay ₹9,000 per class. Each Nice class is a separate filing fee, so accurate class selection is critical.
Is a trademark search compulsory?
Not legally compulsory but strongly recommended. A pre-filing search on the IP India portal helps avoid identical or deceptively similar marks, reducing the risk of section 11 objections or third-party oppositions in the journal stage.
How long is a trademark registration valid?
A registered trademark is valid for ten years from the date of application and can be renewed indefinitely in ten-year blocks by filing Form TM-R. Continuous non-use for five years exposes the mark to rectification.
Priyanka Wadhera
Content Reviewed By

CA | POSH Consultant | Financial Advisor

"I help startups and mid-sized businesses scale by streamlining their tax advisory, POSH compliances, and virtual CFO systems with 100% precision."

Share this article:1,510 Views

Related Posts

View All