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Trademark Registration Process in India: Step-by-Step Guide (2026 Update)

  • Writer: Yukta Muniraj
    Yukta Muniraj
  • Jan 2
  • 3 min read

A trademark is what helps people recognise your brand. It can be your brand name, logo, slogan, symbol, or even a tagline. Registering a trademark in India gives you legal ownership and protects your brand from misuse by others.


If you’re a startup founder, business owner, or creator, this guide explains the trademark registration process in India in a clear, step-by-step manner , no legal jargon, no confusion.


Step 1: Identify What You Want to Register

First, decide what you want to protect:

  • Brand name (word mark)

  • Logo (Device mark)

  • Tagline or slogan


Step 2: Conduct a Trademark Search

Before filing, it is important to check whether a similar or identical trademark already exists.

A trademark search helps you:

  • Avoid rejection

  • Reduce chances of objections or opposition

  • Save time and cost

This step is highly recommended before proceeding with registration.


Step 3: Choose the Correct Trademark Class

Trademark registration in India is done under specific classes, depending on the type of goods or services you offer.

For example:

  • Clothing falls under one class (Class 25)

  • Software services fall under another (Class 9 and 42)

  • Food products have a separate class( Class 29,30 and 31)

Choosing the correct class is crucial, as protection is granted only for the selected category.


Step 4: File the Trademark Application

Once the search and class selection are done, the trademark application is filed with the Indian Trademark Registry.

You will need:

  • Applicant details

  • Trademark (name/logo)

  • Class of goods or services

  • Date of first use (if applicable)

After filing, you receive an application number, and you can start using the ™ symbol.


Step 5: Examination by the Trademark Office

The Trademark Registry examines the application to check:

  • Similar existing trademarks

  • Legal compliance

  • Distinctiveness

If everything is in order, the application moves forward. If not, an examination report (also called an objection) may be issued. (This stage takes about 8 to 9 months to reach post filing)


Step 6: Respond to Trademark Objection (If Any)

Objections are common and do not mean rejection.

A response must be filed within the prescribed time, explaining why your trademark should be accepted. If handled properly, many objections are successfully cleared.


Step 7: Show Cause Hearing (If Required)

If the Trademark Registry is not satisfied with the written response filed to an objection, the Registrar may call for a Show Cause Hearing.


A show cause hearing is an opportunity given to the applicant (or their authorised trademark attorney) to personally explain and justify why the trademark should be accepted and allowed to proceed.


During the hearing:

  • Arguments are presented before the Trademark Officer

  • Supporting documents may be relied upon

  • Clarifications are provided on objections raised in the examination report


If the Registrar is satisfied after the hearing, the trademark application is accepted and allowed for publication in the Trademark Journal. If not, the application may be refused, against which further legal remedies may be available.


Step 8: Trademark Publication

Once accepted, the trademark is published in the Trademark Journal.

This allows the public to oppose the trademark if they believe it conflicts with their rights. The opposition period is 4 months.


Step 9: Registration and Certificate Issuance

If no opposition is filed (or if opposition is resolved), the trademark proceeds to registration.

You receive a Trademark Registration Certificate, and your trademark is protected for 10 years, renewable indefinitely.


You can now use the ® symbol.


How Long Does Trademark Registration Take in India?

On average, the process takes 12 to 18 months, depending on objections or opposition. However, protection begins from the date of filing.


Trademark registration is a valuable investment in your brand’s future. Filing the application correctly, choosing the appropriate class, and responding properly to objections can significantly improve the chances of a smooth registration process.


Our firm can assist you with the trademark filing process, documentation, and procedural compliance. You may contact us to understand how the process works and how we can support you at each stage. However, the final decision regarding acceptance and registration of a trademark rests solely with the Trademark Registry, and is subject to the discretion of the Ministry.


*This article is for informational purposes only and does not constitute legal advice.

 
 
 

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