Trademark Registration 2026: Full Process from Search to TM Registration

Step-by-step

1. Search the marks/class in the IP India database for similar live marks
2. Fix the class(es) matching your goods/services
3. File TM-A with the representation, applicant details and priority/use claim
4. Examination by the registry - about 30 days for a first response
5. If clean, the mark proceeds to advertisement; publication gives 4 months for opposition
6. Unchallenged, the certificate of registration issues; the tombstone lands on the IP India portal

Fees and official costs

• E-filing TM-A: reduced fee for individuals/startups/MSMEs vs general entities - check the current schedule on the official fee list
• Rs. 4,500/class for individuals/HUF one-person/startup/MSME filing online (as per the notified structure)
• General/company: higher fee per class
• Renewal fee plus a surcharge for late renewal within the 6-month grace
• Form TM-M/other forms carry their own fees

Key strategy points

File before you launch - the earlier the date, the stronger the priority. In India, first-to-file wins over first-to-use in most disputes unless honest concurrent use and reputation prove otherwise. Registrations are territorial: an India registration protects only India.

Objections and the reply

• Absolute grounds: descriptiveness, lack of distinctiveness, deceptive nature
• Relative grounds: clash with prior registrations/applications
• Reply in 30 days with a written response + chirality evidence (use/user affidavits)
• Post-hearing before the Registrar where needed
• Opposition period 4 months from publication - monitor the journal for your class

What you should do

• Run the free search before spending on branding
• File in the core class on day one - classes can be added later
• Keep authentic use evidence (invoices, packaging) from day one
• Renew within the 10-year cycle; a lapsed mark is a gift to your competitor
• Register the domain and social handles matching the mark to complete the ecosystem