Turning your brand idea into a legally protected trademark in India involves a savvy dance around forms, fees, and timelines. Here’s a clear walk-through of each step—from clicking “file” to clutching that shiny registration certificate.
1. Prepare & Submit the Application (Form TM-A)
You begin by filing Form TM‑A—the one-stop application under the 2017 Trademark Rules. Within this form, you’ll specify:
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Type of mark (standard, certification, collective, etc.)
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Who’s applying (individual, startup, small enterprise, or larger entity)
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Applicant’s details (name, address, contact)
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Agent details, if you’re being represented
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The actual mark (word/logo/design)
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Class and description of your goods/services
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Whether it’s already in use or proposed for future use
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Any priority claim (from earlier filing abroad)
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Verification and signature of the applicant
Fees vary depending on your applicant category and whether you’re paper-filing or filing online.
2. Filing Mode: Online or Offline
India now largely processes trademark applications electronically:
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Online: Via the IP India portal—preferred, faster, and almost 98% of filings are via this route.
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Offline: Traditional paper forms still work and get digitized later.
3. Examination: Office Takes a Closer Look
Once filed, your application gets assigned to an examiner. If your mark has logos or images, it’s also coded using the Vienna Classification. Word-only marks skip that step and go straight to review.
Workflows are now fully digital—from filing to decision.
4. Examination Report: Accept or Object?
Within 3 to 6 months, the examiner responds:
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If all clear, your application proceeds to publication.
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If any hiccup, you receive an Examination Report detailing objections—either formal (technical) or substantive (like similarity to existing marks)—which must be addressed within 30 days, or your application may be dropped.
5. Publication in the Trademark Journal
If your mark clears the exam, it’s published publicly in the Trademark Journal, opening a four-month window for third parties to object.
6. Opposition (If Any)
During this period, anyone can file an opposition using Form TM‑5. You then have a chance to contest it with Form TM‑6. If needed, a hearing will be held. Opposition resolution happens before any final registration.
7. Final Registration & Certificate
With no unresolved opposition, the Registrar issues the Registration Certificate. Your trademark now enjoys statutory protection for 10 years from the filing date.
8. Renewal & Beyond
A valid registration lasts 10 years. You can renew indefinitely—renewal can be done up to one year before expiry or within six months after expiry with an added surcharge.
| Step | What Happens |
|---|---|
| Application Submission | Form TM-A filed, online or offline |
| Examination | Examiner reviews; possible report issued |
| Response to Objections | Submit reply within 30 days for compliance |
| Publication | Published in Journal for public viewing |
| Opposition Period | 4 months for third-party challenges |
| Final Registration | Certificate issued if no hurdles remain |
| Renewal | Every 10 years (with grace time allowed) |
Why It Matters
Each step lets the registry double-check—your mark’s uniqueness, legal compliance, and public interests. Proper filing and timely responses unlock smooth moves toward brand protection, while any delay or misstep could derail the entire application.
