Registering a trademark is a critical move for any brand seeking legal protection and long-term identity in India. A successful trademark registration ensures that your brand name, logo, or slogan is protected from being used by others — but only if you follow the process correctly. Here are the seven essential steps involved in the trademark filing process in India.
The process begins with a thorough search to check whether your proposed trademark (name, logo or slogan) is already in use or registered by someone else. This search should cover existing registrations and pending applications in the official registry. If there is a similar or identical mark, your application may be rejected, or you might face objections later.
Doing this step carefully helps you avoid wasted time and resources.
Next, you need to choose the exact mark you want to register — a word, logo, symbolic design, or a combination — and decide under which class(es) of goods or services it will fall. India follows an international classification system (with 45 classes: Classes 1–34 for goods and 35–45 for services).
Choosing the correct class is essential: if your classification is wrong, the protection you receive may not cover your actual business activities.
Once the mark and class are finalized, you file the application — typically using Form TM-A. The application can be submitted online through the official registry portal or physically at one of the recognised Trademark Registry offices.
The application needs certain details: the mark itself, the name and address of the applicant, class of goods/services, a description of what the trademark will be used for, and relevant business or identity documents. Optionally, if you are a foreign applicant, a power of attorney or local agent representation is required.
After filing, you receive an application allotment (or reference) number that lets you track progress.
Once filed, the application undergoes an examination by a Trademark Officer. This examination verifies that:
the mark is distinctive and legally acceptable (not generic or descriptive),
it doesn’t conflict with existing or pending trademarks,
the application details are complete and accurate.
If there are objections (formal or substantive), the Registry issues an examination report. You — or your attorney — must then respond to those objections within the prescribed time (often 30 days) to support your application.
If the Examiner is satisfied with your application (or after you successfully overcome any objections), the next stage is publication in the official Trade Marks Journal.
Publishing serves as a public notice — giving others a chance to see your mark and object if they believe it conflicts with existing rights or could harm their brand. This publication is an important step toward transparency and fairness.
After publication, there is a defined window — typically four months — during which any interested third party can file an opposition against your trademark registration.
If no one opposes, your application moves ahead to registration. If there is an opposition, you (or your representative) must respond with a counter-statement, evidence or arguments. The Registry may hold a hearing and then decide whether to allow or refuse registration.
If your trademark application clears the opposition period (or survives opposition successfully), the Registry issues the formal Trademark Registration Certificate. At this point your mark is officially registered. You gain exclusive rights to use it in connection with the goods or services specified in your application.
Once registered, you are legally allowed to use the ® symbol. Meanwhile, the registration remains valid for 10 years from the filing date and can be renewed indefinitely every 10 years.
Each step in the trademark registration process serves an important purpose. Skipping or rushing any one of them can lead to rejections, objections, or weaker protection. A meticulous search avoids conflicts; correct classification ensures relevant coverage; correct filing and examination help avoid avoidable mistakes; publication and opposition give fairness and transparency; and registration finalizes your rights.
By carefully following this 7-step process, you ensure that your brand identity — name, logo, tagline — is legally protected, giving your business a solid foundation for growth, brand building, and long-term security.