Trademark Registration in India (2026): Will Your Mark Survive Before You File?

Trademark and IP | RegisCorp Team

Trademark registration in India costs ₹4,500 per class if you apply as an individual, a DPIIT-recognised startup or a small enterprise, and ₹9,000 per class for everyone else (online filing). The fee is not where you lose money. You lose money when the mark is refused as too descriptive (Section 9), blocked by an earlier mark (Section 11), or filed in the wrong classes. Commercial estimates put a clean application at 12 to 18 months and a contested one at two years or more, and some practitioners report longer.

This guide is built around that risk. It follows one question through the whole process: will this mark survive? Checked on 9 October 2026 against the IP India fee schedule, the Trade Marks Rules, 2017 and the Trade Marks Act, 1999 as reproduced on India Code.

We are RegisCorp Consultancy LLP, a digital-first compliance firm in Kota, Rajasthan, working pan-India. We file trademark applications alongside company, GST and ROC work, so we see the same mistakes repeatedly. This article explains them.

Key takeaways

• The government fee is ₹4,500 per class (individual, startup, small enterprise) or ₹9,000 per class (all others) for e-filing. Renewal is ₹9,000 per class for everyone.
• Run six checks before filing: is the word generic, is it descriptive, is it barred by Section 9(2), is it already registered or pending, is someone already using it unregistered, and do your classes match what you sell.
• Descriptive names are the most common self-inflicted refusal. A coined or arbitrary name is far safer than a name that explains the product.
• You get one month from receiving an examination report to reply. Missing it lets the Registrar treat the application as abandoned.
• After acceptance, the mark is published and anyone can oppose it for four months. A reply to an opposition is due in two months.
• Each class adds a filing fee now and a renewal fee in year 10. At the individual rate, one extra class costs ₹13,500 over ten years.
• Until registration, use ™ only. Using ® for an unregistered mark can be a criminal offence under Section 107.
• Before registration you are protected only by passing-off law. It works, but you must prove your own reputation each time.

The numbers that matter

These are government fees only. Professional fees are extra and vary by provider. We did not find a fee change in 2025 or 2026; a draft amendment to the Trade Marks Rules published on 31 October 2025 deals with agent conduct and sets no fee.

The refusal-risk funnel

Think of your name passing through six gates. A mark that fails an early gate should be changed before you pay for anything.

1. Generic gate. Is the word simply the name of the product? If yes, stop.
2. Descriptive gate. Does it describe quality, purpose, place or kind of the goods? If yes, fix the name or accept a weak mark.
3. Bar gate. Does it fall under the Section 9(2) bars (deceptive, offensive, prohibited names and emblems)?
4. Register gate. Is an identical or similar mark already registered or pending for similar goods?
5. Market gate. Is someone already using a similar name without registering it?
6. Class gate. Do your classes and your list of goods match what you really sell, and no more than you can defend?

The rest of this guide takes the gates in order, then covers what happens after you file. Gates 1 to 3 are Section 9 questions. Gates 4 and 5 are Section 11 questions. Gate 6 is about cost and coverage.

Before the gates: what a trademark is, and what the symbols mean

A trademark is a sign that tells customers who stands behind a product or service. It can be a word, a logo, a slogan, a shape, a sound or a combination. Under the Act, the registered owner gets the exclusive right to use the mark for the goods or services in the registration, and can sue for infringement.

A registration protects the mark for the goods and services listed, in the classes you file. It does not protect the idea behind your business, and it does not stop people using similar words for unrelated goods (with exceptions for marks that have a reputation in India).

Can I trademark a name?

Yes, if the name passes the gates. A person's name, a place name and a made-up word can all be registered, but each has its own risk. Common surnames and place names are often refused for lack of distinctiveness. A business name registered with the Registrar of Companies is not a trademark. The MCA checks that your company name differs from other company names; it does not check trademarks. Your GST number and your domain name give no trademark rights either. A domain is a separate matter, and you can buy one for a name that is already registered as a trademark by someone else.

TM symbol vs R symbol

The ™ symbol says you claim the name as your brand. Anyone can use it. You can use it from the day you start using the name, and certainly after you receive an application number. The ® symbol says the mark is registered.

Section 107 of the Act makes it an offence to represent that an unregistered mark is registered. The same section treats the word "registered" and any symbol that refers to registration as a reference to the Indian register, with limited exceptions for foreign registrations. The penalty is imprisonment up to three years, or a fine, or both. Use ® only after the Registry has entered your mark in the register. A pending application does not qualify.

Gates 1 and 2: the distinctiveness spectrum

Section 9(1) is the heart of the first refusal risk. It bars marks that are devoid of distinctive character, that only describe the goods (kind, quality, quantity, intended purpose, geographical origin and similar), or that are customary in everyday language or trade. The proviso lets a mark through if it had acquired distinctiveness through use before the application date, or if it is a well-known mark.

Lawyers sort names along a spectrum. The further to the right, the easier registration and the stronger the right once you have it.

Three of these examples come from public records. The "Low Absorb" example is a 2010 Delhi High Court case, Marico Ltd v Agro Tech Foods Ltd, decided 1 November 2010 by a Division Bench. The court called "low absorb" a common descriptive expression for edible oil and held that about seven years of use was not enough to show it had become distinctive. The "Indirapuram Public School" example is MVS Eduexcellence Pvt Ltd v Registrar of Trademarks, Delhi High Court, 6 February 2023: the Registry refused the mark in Class 41 because "Indirapuram" is a place and "Public School" describes the service. The High Court set aside the distinctiveness ground and sent the application back only to examine the applicant's claim of use since 2014. The founder won, but only after an appeal to the High Court.

Zerodha's founders have explained the name as "zero" plus the Sanskrit word rodha (barrier), as reported by Inc42. Dabur's name, according to a Scroll article on the company's history, came from the first two letters of "Daktar" (his nickname) and the first three letters of founder SK Burman's surname. Apple is a widely known example of the principle that the same word is arbitrary for one product and generic for another: it is arbitrary for phones and generic for the fruit.

How to place your own name on the spectrum

Ask three questions in order.

1. Would a competitor selling the same thing need to use this word to describe their product? If yes, the word is generic or descriptive.
2. Can a customer tell what the product is from the word alone? If yes, it is probably descriptive or highly suggestive.
3. Does the word mean something unrelated to your product, or nothing at all? If yes, it is arbitrary or coined.

A hypothetical: "Kota Tiffin Service" for a Kota meal-delivery business fails questions 1 and 2. "Kota" is a place, "Tiffin Service" is the service. The Registry will likely raise Section 9(1)(a) and (b) objections, as in the Indirapuram case. A name like "Rasoi Rail" (invented for illustration) would pass question 1 more easily, though you must still run the register search for it.

What to do if you love a descriptive name

You have three choices.

• Add a distinctive core. Register "Zyra" (invented) as the brand and use "Kota Tiffin Service" as a plain description next to it. The Registrar may ask you to disclaim exclusive rights to the descriptive part under Section 17, which is fine.
• Build use before filing, and keep records. Section 9(1) lets a mark through if it acquired distinctiveness by use before the application. Rule 25(2) requires an affidavit of use with supporting documents when you claim use before the filing date. The Marico case shows how high the bar is: seven years was not enough for a plain descriptive phrase.
• Accept a weak mark. A descriptive mark that does get registered gives little power against competitors who use the same words in good faith to describe their own goods. Section 32 protects a registration that later acquires distinctiveness, but that is not something to plan around.

Taglines follow the same rules as names. A slogan that only praises the product ("Best quality guaranteed") is a Section 9 risk.

Gate 3: the other Section 9 bars

Section 9(2) lists marks that cannot be registered even if distinctive. A mark is barred if it is likely to deceive the public or cause confusion, contains matter likely to hurt the religious susceptibilities of any class of Indian citizens, contains scandalous or obscene matter, or has a use prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

Section 9(3) bars shapes that result from the nature of the goods, are necessary to achieve a technical result, or give the goods substantial value. If you want to register a pack or bottle shape, plan for this.

In practice, founders trip over two of these. The first is deception: a name suggesting "Ayurvedic", "organic" or "government approved" when the product is not. The second is names of national symbols, flags, government bodies and similar. Check the Emblems and Names Act schedule before using such a word.

Gates 4 and 5: trademark search and availability

The public search shows what is registered or pending. That is the first half of the job. The second half is what is used but not registered.

What the public search covers

The Registry's public search shows registered and pending marks. The older system, as we knew it, let you search by word, by phonetic similarity, by proprietor name, by application number and by logo design classification. IIPLA and Bar & Bench both report that the old system was retired on 1 July 2026 and replaced by a new portal. We could not open the search pages on 9 October 2026, so we cannot describe the new interface or confirm which search types it offers. Open the current portal from the IP India website and check the options yourself.

IP India's Trade Marks fee schedule also lists a separate paid service: a request to the Registrar for a search and certificate under rule 22, at ₹9,000 e-filing (₹30,000 for expedited search). We have not tested what the certificate covers, so treat it as an option to ask a professional about, not a replacement for your own search.

What it misses

• Unregistered use. A shop, a website or an Instagram brand that never filed will not appear. It can still stop you through passing off.
• Very recent filings. An application filed last week may not yet be searchable. We could not confirm how quickly new applications appear.
• Sound-alikes and translations. A word that sounds the same, or means the same in Hindi, may not appear in a simple spelling search.
• Logos. A logo is found by design classification, not by name, and the codes are easy to get wrong.
• The examiner's judgment. The search shows data. It does not tell you whether an examiner will call two marks deceptively similar.

A search method that works

1. List your variants. Write the name with different spellings ("Shri", "Shree", "Sri"), without vowels, with spaces and with a suffix like "Foods" or "Tech". Add transliterations if the name is a Hindi word written in English letters.
2. Search the exact name and each variant using the "starts with", "contains" and phonetic options, if the portal offers them.
3. Search by class, not just by name. Pick your classes and the classes next to them. A food brand should check Classes 29, 30, 31, 32, 35 and 43. A clothing brand should check 18, 24, 25 and 35.
4. Read the status of each hit. Registered and pending marks with an earlier date are the dangerous ones. A refused, withdrawn or abandoned mark is usually not a barrier, but note it. Marks marked objected or opposed may still be resolved in the other party's favour.
5. Look at the owner's other marks. A large company that owns "NAME-X" often owns several variants. Search by proprietor name.
6. Search outside the register. Try Google, Instagram, Amazon, Flipkart, IndiaMART and Justdial, the app stores, domain registrars and the MCA company-name search.
7. Record what you found. Keep dated screenshots. If you later face an objection or a dispute, the record shows your good faith.
8. Decide using the rules below.

Gate 4 in detail: how examiners and courts judge "similar"

Section 11(1) refuses a mark if there is a likelihood of confusion on the part of the public, which includes a likelihood of association with the earlier mark. This applies where the marks are identical and the goods are similar, or the marks are similar and the goods are identical or similar.

The Supreme Court's Cadila Health Care Ltd v Cadila Pharmaceuticals Ltd, decided on 26 March 2001, lists factors courts weigh: the nature of the marks, the degree of resemblance, the nature of the goods, the similarity in their character and performance, the class of purchasers, the mode of purchase and the surrounding circumstances. The marks in that case were Falcigo and Falcitab, for malaria drugs. The Court declined to interfere with the refusal of an interim injunction, and the respondent had argued that "Falci" describes the disease. For a founder, the practical points are these: who buys the product and how they buy it both matter, and a shared descriptive prefix does not give either side a monopoly on it.

A simple self-test: say both names aloud to a stranger over a noisy phone line. Then write both on a signboard. If the stranger cannot tell them apart, expect an objection.

Section 11 in two parts

Section 11 has two layers, and the difference helps you plan.

• Section 11(1) is the confusion test. The examiner can raise it on the Registry's own search of earlier marks (Rule 33(1) tells the Registrar to search for identical or deceptively similar marks).
• Section 11(2) and 11(3) cover marks with a reputation in India used on dissimilar goods, and marks whose use could be prevented by passing off or copyright. Under Section 11(5), the Registrar may refuse on these grounds only if someone raises them in opposition proceedings.

This means a clean examination report does not clear you of prior unregistered users. They can still turn up later, during the four-month opposition window.

Section 11(4) says the section does not prevent registration where the earlier owner consents. A consent letter helps your reply, but the Registrar still decides. Section 12 allows registration of similar marks in cases of honest concurrent use or other special circumstances, which is the legal base for coexistence in some cases.

A recent example of an earlier mark winning against a large business: in April 2026, the Delhi High Court dismissed Flipkart's appeal against an injunction in a dispute with Marc Enterprises over Flipkart's "MarQ" brand and Marc's "MARC" mark for electrical goods, used since the early 1980s, according to Inc42's report. The court found the marks phonetically and structurally similar and said adding the Flipkart name did not remove the similarity. We have only a news report on this, not the judgment, so read it as an illustration, not as a rule.

A worked search, step by step

Take a made-up brand, "Nilgiri Brew", for packaged tea. The brand and every result below are invented to show how to read results. They are not real search results.

• The exact-name search shows one pending application for "Nilgiri Brews" in Class 30, filed by a company two years ago. The status is "objected". That mark has an earlier filing date, so it is a live threat. You treat it as a blocker until its status changes.
• A "contains" search for "Nilgiri" shows twelve marks in Classes 29, 30 and 32. Eleven add other distinctive words. This tells you the word "Nilgiri" is a place name many traders use, so it will not carry the mark alone.
• A search for the owner of "Nilgiri Brews" shows two other tea marks. The owner is an active brand builder and will likely oppose.
• A web search finds a tea stall in Coonoor trading as "Nilgiri Brew House". It has no registration, but it has local goodwill and could oppose on passing-off grounds.

Result: the name fails gates 2, 4 and 5 at once. The cheap move is to change the name now. The expensive move is to file and find out in a year.

A scorecard you can use today

Score each name from 0 to 2 on each gate (0 means a clear problem, 1 means unsure, 2 means clear). Total out of 12.

Read the total like this. A score of 10 to 12 means file. A score of 7 to 9 means fix the weak gate first (change a word, narrow the goods, or get a consent letter). A score of 6 or below means pick another name. Any 0 on gates 4 or 5 is a stop sign no matter the total, because those are the conflicts that end in opposition.

Gate 6: class selection

India follows the Nice Classification: Classes 1 to 34 for goods and 35 to 45 for services. Each application states the classes, and the fee is charged per class. The 13th edition of the Nice Classification came into force on 1 January 2026, and a Bar & Bench article says India adopted it from that date. Changes affect specific products (for example eyewear, essential oils and some clothing items) and applications filed before that date are judged under the earlier edition.

Trademark registration fees and the cost of a class

Each class has two fee events: the filing fee now and the renewal fee at year 10. At the e-filing rates:

• Individual, startup or small enterprise: ₹4,500 + ₹9,000 = ₹13,500 per class over ten years.
• Everyone else: ₹9,000 + ₹9,000 = ₹18,000 per class over ten years.

A class can also add cost if it is opposed: the opposition counter-statement (Form TM-O) costs ₹2,700 per class opposed. If an examiner objects to one class only, you can ask to divide the application (Form TM-M, ₹1,800 e-filing) or delete that class (an amendment in a pending application, ₹900 e-filing), so the rest moves forward.

Rules for choosing classes

1. Start with the class that matches your core product. That is where customers will confuse you with others.
2. Add a class only for something you will sell within about two to three years. A broad specification invites objections, and a registered class you do not use becomes open to a non-use removal application (Section 47, see below).
3. Remember services. Selling food online is Class 30 or 29 for the goods. Class 35 covers retail services, such as an online store selling other makers' goods. If you only sell your own manufactured food, you may not need 35.
4. Software has two homes. Downloadable software and mobile apps sit in Class 9. Software as a service and non-downloadable platforms sit in Class 42. A product with both an app and a web version often needs both.
5. Write specific goods, not the class title. "Spice blends, ready-to-cook flour mixes, chutneys" is better than "food". Specific wording narrows conflicts with other marks.
6. File the word mark before the logo. A word mark protects the name in any font. A logo mark protects the design. A composite mark of name plus logo gives narrower protection than the word alone. If money is tight, file the word mark first. If you can afford it, file both on the same day, so both expire together.
7. A single application can cover several classes (Section 18(2)), and they share one filing date. A later separate application gets a later date. Filing a class later can cost you priority against someone who files in the meantime.

Trademark for startups: who gets the lower fee

The fee table reads: "Individual / Startup / Small Enterprise" pays the lower amount. The Rules define a startup as an entity recognised under the Startup India initiative, and define a small enterprise by reference to the MSME Development Act, 2006. Commercial guides say you upload a DPIIT recognition certificate or a Udyam certificate with the application and that sole proprietors file as individuals. A guide from one firm says that without the certificate the application is processed at ₹9,000 and there is no retroactive adjustment. We could not find the portal's own instructions on the documents, so check at filing. If you plan to claim the lower fee, get your Startup India recognition or Udyam registration before you file the trademark, not after.

Choosing who files also matters beyond the fee. The applicant must be the true owner. If you are a founder of a private limited company, decide whether the company or you personally owns the brand. Moving a registered mark later needs a TM-P assignment filing at ₹9,000 per mark (e-filing). If you are still choosing a structure, our guide to private limited company vs LLP vs OPC vs partnership helps.

Three worked examples: classes and ten-year cost

All figures are government e-filing fees from the IP India schedule on 9 October 2026. They exclude professional fees, GST on those fees, and any court or appeal costs. We assume every application is filed on one day, so all renewals fall due together at year 10 (renewal can be filed up to a year before expiry). Totals were checked with a short calculation script.

Example 1: a food brand

Facts (assumed). A founder, trading as an individual, sells spice blends, ready-to-cook mixes and pickles through her own website and local stores. Fee rate: ₹4,500 per class.

Choice. Word mark in Class 30 (spices, condiments, flour-based mixes) and Class 29 (pickles, preserved vegetables). Logo mark in Class 30 only. Class 35 is skipped because she sells only her own products.

If the same business were a company outside the concession, filing would be 3 × ₹9,000 = ₹27,000 and the ten-year total ₹54,000. If the Class 30 word mark were opposed, the counter-statement adds ₹2,700. If both classes were opposed, it adds ₹5,400. Those figures are the government fee only; evidence and hearings add professional time.

Risk check. Food names are crowded. She should search Classes 29, 30, 31, 32, 35 and 43. Her biggest Section 9 risk is a name like "Desi Masala Co", which describes the product.

Example 2: a SaaS startup

Facts (assumed). A DPIIT-recognised private limited company sells an invoicing platform as a web application with a companion mobile app. Fee rate: ₹4,500 per class.

Choice. Word mark in Class 42 (software as a service) and Class 9 (downloadable app). Class 35 is deferred until it launches a marketplace or other services in that class. Logo is deferred until the identity is stable.

If this company were not a DPIIT-recognised startup and not a small enterprise, the recommended plan would cost ₹18,000 to file and ₹36,000 in total.

Risk check. Software names are often descriptive. A name like "Easy Invoicing Software" fails the first two questions of the spectrum test. A coined word plus a descriptive tagline is safer. Search Classes 9, 35, 36 and 42, because software names in neighbouring classes get cited against each other.

Example 3: an apparel brand

Facts (assumed). A private limited company, which is not a recognised startup or a small enterprise, sells T-shirts and hoodies on its own site and through marketplaces and plans to add bags. Fee rate: ₹9,000 per class.

Choice. Word mark in Class 25 (clothing), Class 35 (online retail of clothing and bags) and Class 18 (bags). Logo in Class 25.

If the same company qualified for the concession, filing would be ₹18,000 and the total ₹54,000, a saving of ₹18,000. If the company wanted expedited examination on the four applications, it would pay ₹40,000 per class, or ₹1,60,000, on top. That is rarely worth it unless a launch date depends on it.

Risk check. Clothing is a crowded class. Names that describe the product ("Streetwear Clothing Co") fail the spectrum test. Class 35 can be cut if the company sells only through its own channels and does not run retail services for other brands, saving ₹18,000 over ten years.

What the three show

The class count drives the cost far more than the applicant type. A founder who adds two "just in case" classes spends ₹27,000 more over ten years at the individual rate and ₹36,000 more at the standard rate. Those fees are only worth paying if the classes protect something real.

The lifecycle of trademark registration in India: application to certificate

1. Search and decide. Complete the six gates above.
2. File Form TM-A on the IP India portal. Choose word, device or composite mark, classes, a list of goods and services for each class, and the applicant details. If an agent files for you, the agent files a form of authorisation (Form TM-48). State a date of first use if you already trade, with an affidavit (Rule 25), or mark the application "proposed to be used".
3. Receive the application number. The filing date becomes the date of registration if the mark is later registered (Section 23(1)). You can now use ™.
4. Examination. An examiner checks Section 9 and Section 11(1) grounds and searches earlier marks (Rule 33). The Registry can accept, accept with conditions, or send an examination report with objections.
5. Reply within one month of receiving the report (Rule 33(4)), or the Registrar may treat the application as abandoned.
6. Hearing, if the reply does not resolve the objection or you request one (Rule 33(6)).
7. Acceptance and publication in the Trade Marks Journal (Section 20(1)).
8. Four-month opposition window from the date of publication (Section 21(1)).
9. Registration certificate if nobody opposes, or if you win the opposition.
10. Renewal every 10 years.

How long does trademark registration take? Realistic timelines

No official average has been published that we could find, and sources differ. A commercial estimate for 2026 puts examination at 1 to 4 months and the whole process at 12 to 18 months if unopposed, and 18 to 24 months or more with objection or opposition. A September 2026 article by an advocate in LiveLaw says examination now often takes "many months" and that a simple application commonly takes two to three years to reach registration. A claim in a law-firm article that AI-assisted examination cut cycles to 12 to 15 months is not backed by a primary source. The Act itself says the Registrar shall register an unopposed, accepted mark "within eighteen months of the filing of the application" (Section 23(1)), but this is a target, not a promise.

Plan for the cautious end. Treat a fast result as a bonus.

Two points on the table. First, the evidence deadlines in oppositions are tight. One commercial summary says the opponent's evidence period can be extended by a month; another source says the 2017 Rules allow no extension for evidence. We could not settle this from the Rules text, so treat the two-month periods as fixed. Second, the Registry has run special sessions to clear old opposition files. A public notice (TMR/Public Notice/2026/4546) sets Friday hearings from 4 September 2026 through December 2026 for cases where parties want to withdraw or settle, grouped by filing year: before 2000 in September, 2001 to 2010 in October, 2011 to 2020 in November and 2021 onward in December. Documents are due three days before the Friday.

Expedited examination

Rule 34 lets you ask for faster examination through Form TM-M after you get your application number. The Registry says it will examine such applications "expeditiously and ordinarily within three months". The fee is ₹20,000 per class for individuals, startups and small enterprises, and ₹40,000 per class for others, e-filing only. It speeds up the examination step only. It does not shorten the four-month opposition window.

What a trademark objection reply contains

An examination report that raises an objection does not mean refusal. It means the examiner has a concern and you can answer it. The Registry charges no fee for the reply itself, according to the LiveLaw piece cited above; confirm on the fee schedule. A good reply is a legal document with evidence.

Parts of a reply

1. Heading and identification. Application number, mark, class, date of the report, and the objection numbers you are answering.
2. A response to each ground separately. Write one section per ground. Do not mix Section 9 and Section 11 arguments.
3. Facts about the mark. Where the name comes from, what it means, how long and where you have used it.
4. The legal argument. For Section 9: why the mark is not merely descriptive, or why it has acquired distinctiveness. For Section 11: why the marks are not deceptively similar, using the Cadila factors.
5. Evidence. An affidavit of use, with dated invoices, sales figures by year, advertising spend, screenshots of the site and social accounts, press mentions and certificates. Your bookkeeping records are the source of invoices and sales totals, so keep them in order from day one.
6. Offers to narrow the claim. A narrower list of goods, a disclaimer of a descriptive word, or a consent letter from the earlier owner (Section 11(4)).
7. A request for a hearing if the examiner is not persuaded.
8. Authority. Form TM-48 if an agent is signing.

Answering a Section 9 objection

• If the objection says "descriptive": show the word is a coined or unusual term, or has a meaning unrelated to the goods. Attach the dictionary entry.
• If it says "no distinctive character": the strongest answer is proof of use before the filing date. The Marico ruling shows courts expect long and well-documented use, not a few years.
• If it says "place name": the MVS Eduexcellence case shows that a Section 9 refusal can be challenged and sent back for a closer look at use. A place name combined with other distinctive material is easier.
• If the issue is a common word inside a stronger mark: offer the disclaimer.

Answering a Section 11 objection

• Compare the marks as a whole. Look at appearance, sound and meaning. Where two marks share a common word that many traders use, say so and list other registered marks sharing it.
• Compare the goods. Show that the goods differ in nature, price, buyers and trade channels.
• Narrow your goods to avoid overlap. Narrowing is often the cheapest fix.
• Get consent. A letter from the earlier owner helps but does not bind the Registrar.
• Check the cited mark's status. If it is expired, abandoned or not renewed, point it out. If it is vulnerable for non-use, removal under Section 47 is a longer route and rarely a first move.

The hearing

If the written reply does not clear the objection, the Registrar must give you a hearing (Rule 33(6)). Under the draft revised Manual of Trade Marks Practice and Procedure, published on the IP India site on 21 August 2026, hearing notices should go out by email about 30 days before the date. A law-firm article notes this is draft practice, not a Rule. The Bar & Bench piece says hearing notices and adjournments are published online and that some matters may be decided on written submissions. If you do not attend a scheduled hearing and have not replied to the objection, the Registrar may treat the application as abandoned (Rule 33(7)). After a refusal you can appeal to the High Court under Section 91; we could not confirm the current time limit on the official text, so ask an advocate about it on the day you receive the order.

Trademark opposition: what to do when someone opposes

After publication, any person can file a notice of opposition within four months, on Form TM-O (₹2,700 per class, e-filing). The Registrar sends you a copy. From that point:

1. File your counter-statement within two months of receiving the notice (Section 21(2), Rule 44). If you do not, the application is deemed abandoned.
2. Opponent's evidence is due two months after the counter-statement is served (Rule 45). If the opponent files nothing, the opposition is deemed abandoned.
3. Your evidence is due two months after you receive the opponent's affidavits (Rule 46).
4. Opponent's reply evidence follows within one month (Rule 47). No further evidence is allowed without the Registrar's leave (Rule 48).
5. Hearing. The date is set at least one month after the first notice (Rule 50). Each party may seek no more than two adjournments, each of no more than thirty days, with a request at least three days before.
6. Decision. Either the mark proceeds to registration, with or without conditions, or it is refused.

What opponents usually argue

Prior rights, similarity (Section 11), descriptiveness (Section 9) and bad faith. A common source is a rival who uses the name without registering it and relies on Section 11(3) and passing off.

Settle, fight or rename

Run a simple decision test.

A coexistence or withdrawal can be recorded and the opposition closed. The Registry's special Friday sessions (above) are built for that. Ignoring the notice is the worst option, because it costs you the application with no hearing at all.

Before registration: passing off

A pending application gives you no right to sue for infringement. Section 27(1) bars infringement proceedings for an unregistered mark. But Section 27(2) preserves action for passing off.

Passing off protects the goodwill a business has built. In India, the claimant generally has to show three things: goodwill or reputation, a misrepresentation by the other side likely to confuse customers, and damage or likely damage. The goodwill must be real and be shown by evidence: sales, advertising, turnover, press and customer reach.

Section 34 helps prior users. It says the owner of a registered mark cannot stop a person who has used an identical or similar mark continuously for the same goods since before the owner's first use or registration, whichever is earlier. In S. Syed Mohideen v P. Sulochana Bai (Supreme Court, 2016), the Court held, as quoted by Bar & Bench, that the rights of a prior user are recognised as superior to those of the registered owner, who cannot disturb them.

Do not read this as a reason to skip registration. Passing off has limits:

• You carry the burden of proof every time, with evidence that is costly to assemble.
• Your reputation is local. A shop known in Kota gains little from that in Chennai.
• You cannot rely on the presumptions that come with registration.

Use the pre-registration period well.

1. Use ™ and keep a dated record of first use: invoices, packaging proofs, website archive, social posts.
2. File early, because the filing date is what counts under Section 23(1).
3. Watch the Trade Marks Journal for conflicting marks. You can oppose within the four-month window yourself.
4. Do not use ®.

After registration: renewal and use

A registration lasts ten years from the filing date and can be renewed for further ten-year terms (Section 25). The Registry sends a notice of expiry not more than six months before, but do not wait for it. Renewal on Form TM-R can be filed up to one year before expiry (Rule 57).

Illustration. If you file on 14 March 2027, the term runs to 14 March 2037 on this calculation, and renewal opens on 14 March 2036. If you miss expiry, you can renew with a surcharge within six months (until about 14 September 2037) at ₹9,000 + ₹4,500 = ₹13,500 per class. After that, restoration is possible within one year of expiry (until about 14 March 2038) at ₹9,000 + ₹9,000 = ₹18,000 per class. Beyond a year, you file afresh. Check the actual expiry date on your certificate.

The surcharge and restoration fee are the cost of forgetting. For a three-class registration, on-time renewal costs 3 × ₹9,000 = ₹27,000. Late renewal costs ₹40,500, which is ₹13,500 extra. Restoration costs ₹54,000, which is ₹27,000 extra.

Keep using the mark. Under Section 47(1)(b), a mark can be removed if there was no genuine use for a continuous five years from the date it was entered in the register, counted up to three months before the application. In practice that is five years and three months. Use means real sales under the mark, so keep invoices.

Mistakes that cost money

1. Skipping the search because the fee is only ₹4,500. The fee is small; the loss is not. A refused application loses the fee, the months and the brand momentum, and a conflict found after launch can mean a rebrand across packaging, domain and accounts.

2. Choosing a descriptive name because it helps SEO. The Registry reads Section 9 literally. Pair a distinctive core name with a descriptive tagline, and keep the descriptive words out of the mark you register.

3. Missing the one-month reply. Rule 33(4) lets the Registrar treat the application as abandoned. You then pay the fee again and take a later filing date. Set a calendar alert the day the report arrives, and check the status page every week after filing.

4. Ignoring the opposition notice. Section 21(2) deems the application abandoned if you do not file a counter-statement within two months.

5. Claiming the lower fee without proof, or filing as the wrong person. One commercial guide says an application filed without the certificate is processed at the higher fee with no retroactive adjustment, and we found nothing official that says otherwise. Filing in the founder's name when the company will use the brand creates an assignment bill later (₹9,000 per mark).

6. Filing a class you will never use. You pay the filing fee and the renewal fee, and the class becomes open to a non-use challenge. At the individual rate that is ₹13,500 per class for nothing.

7. Using ® early. Section 107 makes this an offence.

8. Filing only the logo. A logo registration does not give you the word on its own. Most founders need the word mark first.

9. Paying an unlicensed service to "guarantee" registration. IP India issued a public advisory in January 2026 against unauthorised platforms offering guaranteed registration, as reported by Bar & Bench. No private firm controls the examiner's decision. Use the official IP India portal, and check that your agent is a registered trade mark agent.

10. Letting the expiry date pass. A late renewal costs ₹4,500 more per class, restoration costs ₹9,000 more per class, and after a year you must file afresh.

Frequently asked questions

Can I trademark a name for my business?

Yes, if it is distinctive, not barred by Section 9 and not too close to an earlier mark under Section 11. Coined and arbitrary names pass most easily. Place names, common surnames and words that describe your product often draw objections. Registering a company name with the MCA does not give you trademark rights.

How long does trademark registration in India take?

There is no official average. Commercial estimates put an unopposed application at about 12 to 18 months and an objected or opposed one at 18 to 24 months or more, and an advocate's article in LiveLaw in September 2026 says it can take two to three years. The Act sets an 18-month target from filing for registration (Section 23(1)). The four-month opposition window alone is fixed.

How much does trademark registration cost in India?

The government fee for e-filing is ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 per class for everyone else. Physical filing is ₹5,000 and ₹10,000. Renewal after ten years is ₹9,000 per class. Professional fees come on top and vary by provider, so ask for a written quote that lists search, filing, objection reply and opposition as separate items.

What is the difference between the TM symbol and the R symbol?

™ says you claim the name as a trademark. Anyone can use it, and it carries no legal status. ® says the mark is registered, and you may use it only after the Registry has entered your mark in the register. Under Section 107, wrongly claiming registration can lead to imprisonment up to three years, a fine, or both.

Is a trademark search free, and is it enough?

The Registry's public search is free to use, but it covers only registered and pending marks. It does not show unregistered users, and it does not tell you how an examiner will judge similarity. Add searches on Google, social media, marketplaces and the MCA company-name check. A professional search also considers sound and meaning, which a plain spelling search can miss.

How many classes do I need?

Register the classes that cover what you sell now and what you will sell within two to three years. A food brand often needs Classes 29 and 30. A SaaS product often needs Classes 9 and 42. A clothing brand needs Class 25, and Class 35 only if it runs retail services. Each extra class costs ₹13,500 over ten years at the individual rate and ₹18,000 at the standard rate.

What is the difference between a trademark objection and an opposition?

An objection comes from the Registry's examiner after you file, in an examination report, and you have one month to reply. An opposition comes from a third party after your mark is published in the Trade Marks Journal, and they have four months to file it. You then have two months to file a counter-statement. They are different stages with different deadlines.

What is the deadline to reply to a trademark objection?

Rule 33(4) of the Trade Marks Rules, 2017 gives one month from receipt of the examination report. If you miss it, the Registrar may treat the application as abandoned. We found no rule that grants an extension for this step, so count from the date on the report and file early.

Can I use my brand while the application is pending?

Yes. Filing does not stop you from trading. You can use ™ but not ®. You cannot sue for infringement until registration, but you can sue for passing off if you have goodwill. Use also builds the evidence you may need to answer an objection or opposition.

Do startups get a discount on trademark registration fees?

Yes. The Trade Marks Rules set a lower fee (₹4,500 instead of ₹9,000 per class, e-filing) for individuals, startups and small enterprises. A startup means an entity recognised under Startup India, so get DPIIT recognition first and keep the certificate ready to upload. The renewal fee has no such discount.

Does a registered company name, GST number or domain protect my brand?

No. These registrations check that a name is not duplicated within their own register. They do not search the trademark register and give no right to stop others using a similar brand. Treat trademark registration as a separate step, ideally before you incorporate or print packaging. See our company registration and GST registration pages for those separate steps.

Should I register the name or the logo first?

Usually the name, because it protects the words in any font, while a logo registration covers the design as filed. If your budget allows, file both on the same day. Costs add up as separate applications: each is one class-filing at ₹4,500 or ₹9,000 per class.

What to do next

1. Write down your shortlist of names and run the six gates on each.
2. Search the register and the open market, and save dated screenshots.
3. Decide classes using the cost table above, and write the goods list in specific words.
4. Check whether you qualify for the lower fee, and get the certificate first.
5. File, then set calendar alerts for the one-month reply, the four-month opposition window and the ten-year renewal.

If you want a second pair of eyes on a name, or help with filing and objection replies, you can reach RegisCorp Consultancy LLP through the contact page.

This article is general information, not legal advice. For a specific mark or dispute, consult a qualified trademark attorney or advocate.

Sources and what we could not verify

Official and primary sources used

• IP India: Forms and Official Fees, Trade Marks (First Schedule, Trade Marks Rules, 2017)
• IP India: Trade Marks Rules, 2017, including rules 10, 33, 34, 42, 44 to 50, 57 to 60
• India Code: The Trade Marks Act, 1999 (as on 1 June 2026)
• IP India public notice TMR/Public Notice/2026/4546 on the special disposal drive for opposition matters
• IP India news and updates page (draft revised Manual of Trade Marks Practice and Procedure, 21 August 2026)
• Startup India and Udyam Registration for the startup and small-enterprise categories
• Section 9, Section 34 and Section 107 text from Indian Kanoon; Marico v Agro Tech (2010) and MVS Eduexcellence v Registrar of Trademarks (2023)

Secondary sources used. Bar & Bench (registry developments, August 2026; registered v unregistered marks, on Syed Mohideen); IIPLA (public search portal change, as reported on its news page); LiveLaw (registry delays, 22 September 2026); Inc42 (Flipkart and Marc Enterprises, April 2026; Zerodha name); Scroll (Dabur name); law-firm and consultancy fee and timeline guides, including a Patron Accounting blog on startup and MSME filing; the Taxguru copy of the draft Trade Marks (Amendment) Rules, 2025.

What we could not verify on 9 October 2026

• The current public search portal's features and search types. The IP India search page did not open for us. The 1 July 2026 switch to a new portal comes from IIPLA and Bar & Bench, not from a notice we could open.
• Any official average time for examination, hearing or registration. The ranges in this guide come from commercial and press sources that disagree.
• The documents the e-filing portal requires to claim the startup or small-enterprise fee, whether sole proprietors always qualify as "individuals", and whether lack of a certificate can be fixed after filing.
• Whether the examination-report deadline in Rule 33(4) can be extended in practice, and how an abandoned application can be revived.
• The time limit for an appeal to the High Court under Section 91 after the abolition of the appellate board.
• Whether the opponent's evidence period in Rule 45 can be extended by a month. Sources conflict.
• The 12 to 24 month figure for contested oppositions, which comes from one commercial source.
• The Delhi High Court judgment in the Marc Enterprises and Flipkart matter (we read only a news report), and India's adoption date for the 13th Nice edition (reported, not confirmed by a Registry notice).
• The content of the Registrar's search certificate under rule 22.
• Whether the Startup IP Protection (SIPP) facilitator scheme is still running in 2026. We left it out for that reason.
• The search types of the old public search (word, phonetic, proprietor, application number, design code), which we describe from prior knowledge.