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Country trademark guide · Updated

Trademark registration in India

To register a trademark in India, file with the Trade Marks Registry of the Controller General of Patents, Designs and Trade Marks (CGPDTM) or designate India through the Madrid System. Official fees are per class, in two tiers; examination reports must be answered within 1 month, and you need an address for service in India.

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Five questions first

Which route?File directly with the Trade Marks Registry if you only need India or want expedited examination; designate India through Madrid if you already have a home application or registration and want several countries.Details ↓What do I need?The applicant's name, nationality and address, an address for service in India, the mark (with a transliteration and translation of wording not in English or Hindi), the goods or services, and a proposed-use statement or a user affidavit.Details ↓How are official fees charged?E-filing costs INR 9,000 per class for other applicants (usually including foreign companies) and INR 4,500 per class for individuals, start-ups and small enterprises. Expedited examination costs extra.Details ↓How long does it take?With no opposition, the law requires registration within 18 months of filing (statutory); with expedited examination, the rules provide for examination usually within 3 months.Details ↓What are the main risks?An examination report not answered within 1 month can mean abandonment; prior users can oppose; the 4-month opposition period cannot be extended; foreign-language wording needs transliteration and translation.Details ↓
Key facts

Trademarks in India: key facts

OfficeTrade Marks Registry, part of the Controller General of Patents, Designs and Trade Marks (CGPDTM), with five offices in Mumbai, New Delhi, Kolkata, Chennai and Ahmedabad; the CGPDTM reports to the Department for Promotion of Industry and Internal Trade (DPIIT). Website and search links: IP Toolbox.
LawTrade Marks Act, 1999; procedure and official fees are set by the Trade Marks Rules, 2017
Basis of rightsRights arise from registration, but prior use is protected; the application either states that the mark is proposed to be used, or claims use and includes a user affidavit and evidence
Madrid SystemParty to the Protocol since 8 July 2013; India can be designated through Madrid
Address for serviceAn address for service in India (an Indian postal address and a valid email address) is required; if you have no principal place of business in India, the office for the area of that address handles the case
LanguageEnglish or Hindi; marks containing other scripts (such as Chinese) need an English or Hindi transliteration and translation in the application, naming the language
Multi-class applicationsAllowed; official fees are charged per class and per application. Several marks that differ only in non-distinctive details such as colour or numbers can be filed as a series in one application
Examination report (statutory)1 month from receiving the report; if there is no reply, the Registry can treat the application as abandoned; if the reply is not accepted, a hearing is scheduled
Expedited examination (period set by the rules)Requested on Form TM-M once the application number is issued; examination is usually completed within 3 months, and later replies, hearings, publication and opposition are also prioritised; the Registry may limit the number of requests
Opposition (statutory)4 months from publication in the Trade Marks Journal; the period is set by law and cannot be extended
Registration (statutory)With no opposition, or after a successful opposition, the law requires registration within 18 months of filing; the registration date is the filing date
Term and renewal (statutory)10 years, renewable for 10 years at a time; renew in the year before expiry, with a surcharge in the 6 months after expiry, or apply for restoration and renewal between 6 months and 1 year after expiry
Non-use (statutory)A mark not genuinely used for a continuous 5 years from the date it is actually entered on the register, up to 3 months before the request, can be removed
Official feesE-filing: INR 9,000 per class (other applicants, usually including foreign companies); INR 4,500 per class for individuals, start-ups and small enterprises; paper filing INR 10,000 and INR 5,000 respectively

Checked on 2026-10-06; general information only — the office's published rules and fees prevail.

Which route

Direct filing or a Madrid designation

Both routes lead to protection in India. They differ in prerequisites, fee structure, access to expedited examination and dependency risk.

ItemDirect filing with the Trade Marks RegistryMadrid designation of India
PrerequisiteNoneA basic application or registration at your office of origin
Official feesPer class and per application, paid in rupees to the Registry, in two tiers by type of applicant; e-filing is cheaperBasic fee and an Indian individual fee (per class, in Swiss francs; see the WIPO fee calculator) paid to the World Intellectual Property Organization (WIPO)
Expedited examinationCan be requested once the application number is issued, with an extra fee per classThe expedited procedure in Rule 34 is for direct applications; no provision applying it to Madrid designations has been found
Address for serviceRequired at filingNot needed to file; required in proceedings in India (such as answering an opposition)
ExaminationAbsolute grounds are examined and earlier marks searched; examination reports must be answered within 1 monthExamined in the same way; the Registry must notify any provisional refusal within 18 months of the WIPO notification; marks with no grounds for refusal are published, with the same 4-month opposition period
Dependency riskNoneIf the basic application or registration is refused or cancelled within 5 years, the Indian designation falls with it
Best forYou only need India; you want expedited examination; you have no home filing to rely onYou already have a home filing and want protection in several countries

Not sure? Run a free search first, then submit an order online; the agent will recommend a route based on the search results.

What to prepare

Documents checklist

For a direct application to the Indian Trade Marks Registry, prepare the following information and documents. Signed documents such as the power of attorney are provided following your agent's instructions.

Applicant

  • Name, nationality and full address (for a company, its place of incorporation); applicants without a principal place of business in India also give their home address
  • Type of applicant: individual, start-up, small enterprise or other applicant, which sets the fee tier; the lower tier requires meeting the relevant conditions

Address for service

  • A postal address in India and a valid email address, where all Registry documents are served
  • If an Indian advocate or registered trademark agent handles the application, the authorisation is filed on Form TM-M, and service on the agent counts as service on the applicant

The mark

  • A clear representation no larger than 8 × 8 cm; for a colour combination, a colour representation with a statement
  • Wording in scripts other than English or Hindi, such as Chinese: an English (or Hindi) transliteration and translation of each word, naming the language
  • Three-dimensional and sound marks: multiple views or an MP3 file, as the rules require

Goods and services

  • Classes and wording under the current edition of the Nice Classification; acceptable terms can be checked in IP India's goods and services search tool
  • Avoid "all goods in the class" or a range clearly beyond your business; the Registry can ask about your use or refuse to accept the application

Filing basis

  • Mark not yet used in India: state that it is proposed to be used
  • Use claimed before the filing date: state the start date and the user, with a user affidavit and evidence
  • Earlier application filed abroad: priority can be claimed within 6 months; a certificate from the office of first filing not filed with the application can be filed within 2 months
How long

Process and timeline

Example: a direct electronic application with no opposition.

  1. Step 1

    Clearance search (recommended)

    Search IP India's public search system for similar marks by wording, phonetics and Vienna figurative classification

  2. Step 2

    Filing

    File Form TM-A electronically and pay per class; for expedited examination, file a TM-M request once you have the application number

  3. Step 3

    Formality check

    Deficiencies must be remedied within 1 month of notification (statutory), or the application is treated as abandoned

  4. Step 4

    Substantive examination

    Absolute grounds are examined and earlier marks searched; an examination report must be answered within 1 month (statutory), and a hearing is held if the reply is not accepted

  5. Step 5

    Publication and opposition

    Published in the Trade Marks Journal; others can oppose within 4 months (statutory, not extendable); if opposed, the applicant files a counter-statement within 2 months (statutory)

  6. Step 6

    Registration

    With no opposition, the law requires registration within 18 months of filing (statutory); the registration date is the filing date

This page does not use average-time statistics. With expedited examination, the rules provide for examination usually within 3 months, with later steps also prioritised. Examination reports, hearings and oppositions all add time; an opposed application can only be registered once the opposition is decided.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Official fees for direct applications are charged per class and per application, in Indian rupees. Application and expedited examination fees come in two tiers by type of applicant: individuals, start-ups and small enterprises pay the lower tier and other applicants the higher one, which usually applies to foreign companies; e-filing costs 10% less than paper filing. The table below shows the e-filing fees that apply to foreign companies, all set by the First Schedule to the Trade Marks Rules, 2017, in force since 6 March 2017 and unchanged since.

ItemChargedAmountApprox. USD
Paid on filing
Application fee (Form TM-A, e-filing, per class per mark; applicants other than individuals, startups and small enterprises, which usually covers foreign companies)Per class9,000 INR≈ USD 98
Payable when applicable
Expedited processing (rule 34, Form TM-M, requested after the application number is issued, e-filing only, per class per mark; applicants other than individuals, startups and small enterprises)Per class40,000 INR≈ USD 436
Keeping the registration
Renewal (Form TM-R, from 1 year before expiry up to the expiry date, every 10 years, e-filing), per classPer class9,000 INR≈ USD 98
Late renewal surcharge (within 6 months after expiry, payable in addition to the renewal fee), per classPer class4,500 INR≈ USD 49
Restoration and renewal (from 6 months to 1 year after expiry, payable in addition to the renewal fee), per classPer class9,000 INR≈ USD 98
Other
Notice of opposition or counter-statement (Form TM-O, opposition within 4 months of publication, e-filing), per classPer class2,700 INR≈ USD 29
Recording a subsequent proprietor after assignment (Form TM-P, e-filing), per trade markPer application9,000 INR≈ USD 98

Source: IP India, Forms & Official Fees (First Schedule, Trade Marks Rules 2017) · current fees in force since 2017-03-06 · checked on 2026-10-07 · USD figures are approximate, converted at the Bank of China selling rate (spot; cash rate where no spot rate is published; the central bank's USD rate for currencies it does not quote); the official fee is the amount in the original currency

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

Example: a foreign company e-filing in 2 classes pays 2 × INR 9,000 = INR 18,000 in application fees; with expedited examination, a further 2 × INR 40,000 = INR 80,000. Applicants that qualify as individuals, start-ups or small enterprises pay INR 4,500 per class, and INR 20,000 per class for expedited examination; foreign entities that meet the Startup India criteria on age and turnover and file a declaration can pay start-up fees.

Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to India and common refusals

These are the most common issues in Indian examination, along with India-specific rules that are easy to overlook.

Only 1 month to answer an examination report

If an examination report is not answered within 1 month, the Registry can treat the application as abandoned; extensions can be requested, each of no more than 1 month. If the reply is not accepted, a hearing is scheduled; with neither a reply nor attendance at the hearing, the application is treated as abandoned. Indian examiners search for and cite earlier marks themselves, so prepare arguments to distinguish them or restrict the goods.

Claiming use requires an affidavit

If the application claims use in India, it must state the start date and the user and include a user affidavit with evidence; without genuine evidence of use, file on a proposed-use basis instead. India protects prior use: continuous use earlier than the other party's use or registration can be relied on against a registered mark, and the Registry cannot refuse such a user's application merely because of the other party's registration.

Prior users can oppose or block registration

The owner of an unregistered mark used earlier can rely on passing off to block someone else's registration, and earlier applications for similar marks are also cited. In special circumstances such as honest concurrent use, the Registry can allow identical or similar marks to be registered by different owners. Filing early, before entering India, and keeping evidence of use is the safest course.

The 4-month opposition period cannot be extended

Oppositions can be filed within 4 months of publication in the Trade Marks Journal; the period is set by law and cannot be extended. An opposed applicant must file a counter-statement within 2 months or the application is treated as abandoned; a party with neither residence nor business in India can be required to give security for costs.

Foreign-language wording needs transliteration and translation

If the mark contains wording in a language other than English or Hindi, the application must give an English or Hindi transliteration and translation of each word. The meaning is also examined for descriptiveness: wording that directly indicates the kind, quality, purpose or origin of the goods is refused.

Whole-class or overly broad specifications

If you apply for all goods in a class or a large number of them, the Registry can ask you to explain your actual or intended use and otherwise refuse to accept the application. Choosing specific terms that match your business reduces examination objections.

Free search: can your mark be registered in India?

Each account gets 1 free preliminary search a day: sign in, enter the mark and goods, and the report goes to your account and email.

Free search
After registration

Keeping the registration

An Indian registration needs no periodic declarations of use, but it can be removed after 5 continuous years of non-use, and it is removed from the register if renewal deadlines are missed.

WhenWhat to doOfficial fee
From 5 years after actual entry on the registerKeep using the mark genuinely in India and keep evidence; after 5 continuous years of non-use, others can apply for removalNone
In the year before expiry, then every 10 yearsRenew (TM-R); the Registry sends a reminder in the 6 months before expiryINR 9,000 per class
Within 6 months after expiryRenew with a surcharge (TM-R)Renewal fee of INR 9,000 plus a surcharge of INR 4,500 per class
6 months to 1 year after expiryApply for restoration and renewal (TM-R); the Registry decides whether to restoreRenewal fee of INR 9,000 plus a restoration fee of INR 9,000 per class
Any timeRecord an assignment (TM-P); change the name or addressAssignment INR 9,000 per application; change of name INR 1,800 and change of address INR 900 per application

The owner or a licensee of a registered trademark can give written notice to Indian customs to prohibit the import of infringing goods. E-commerce brand registries usually also require a registered or pending trademark.

FAQ

Trademark registration in India

How much does an Indian trademark cost?

Official fees for direct e-filing are charged per class: INR 9,000 for other applicants (which usually include foreign companies) and INR 4,500 for individuals, start-ups and small enterprises; paper filing costs INR 10,000 and INR 5,000. For example, a foreign company filing in 2 classes pays INR 18,000. Expedited examination adds INR 40,000 per class (INR 20,000 in the lower tier). Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

How long does Indian trademark registration take?

The law requires an unopposed application to be registered within 18 months of filing; examination reports must be answered within 1 month, and publication is followed by a 4-month opposition period. This page does not use average-time statistics; examination objections, hearings or oppositions add time. With expedited examination, requested once the application number is issued, the rules provide for examination usually within 3 months.

Do foreign applicants need an Indian agent?

You must provide an address for service in India (an Indian postal address and a valid email address); without one, the Registry is not obliged to send you notices. The law lets applicants act for themselves or through an Indian advocate or registered trademark agent; foreign companies usually appoint an agent, who provides the address for service and files the authorisation on Form TM-M.

What is a user affidavit, and when is it needed?

If the application claims that the mark was used in India before the filing date, you must file an affidavit testifying to that use, with evidence such as invoices and advertising. If the mark is not yet used in India, a proposed-use statement is enough and no affidavit is needed. After registration, a mark not used for 5 continuous years from its actual entry on the register can be removed.

How long is the opposition period in India? Can it be extended?

4 months from publication in the Trade Marks Journal, set directly by the Trade Marks Act and not extendable. An opposed applicant must file a counter-statement within 2 months or the application is treated as abandoned.

How do I file a mark that is not in English or Hindi?

You can file it, but the application must give an English or Hindi transliteration and translation of each word, naming the language; the meaning is also examined for descriptiveness. If you target Indian consumers, consider also filing an English or Latin-script version.

Other IP rights

Patents: Indian patents last 20 years from the filing date; PCT applications can enter the Indian national phase (India has been a PCT member since 7 December 1998).

Industrial designs: registered designs are protected for 10 years from the registration date, extendable by 5 years to a maximum of 15 years; India is not a member of the Hague Agreement, so applications must be filed directly with the CGPDTM.

Patent applications are handled through an affiliated patent agency.

IP news: India

Other countries and territories in the region

Singapore　·　United Arab Emirates　·　Pakistan　·　Bangladesh　·　Sri Lanka　·　Myanmar

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Notice: the services described on this page are carried out by locally licensed partner firms; J&C is your point of contact and coordinates and delivers the work. Fees shown are estimates; official fees are those actually charged by the office and the final quote is confirmed by an agent. Examination times are set by each office and the outcome depends on official examination; we make no promise as to results. By submitting an order you agree that the information needed for the work is shared with the relevant partner firm (which may be outside your country). This page is general information, not legal advice.

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