A trademark is the one asset most businesses build for years before they bother to protect it. Your brand name, logo and tagline are what customers actually remember, and until they're registered, anyone can use a confusingly similar version, and you have little recourse. Registration turns your brand from something you hope is yours into something you legally own.
This guide covers what you can register, the all-important class system, the step-by-step process with the Trademark Registry, what the ™ and ® symbols really mean, and how long the whole thing takes. Current for FY 2026–27, with India's filing process now almost entirely online.
What can you actually trademark?
A trademark protects a sign that distinguishes your goods or services from everyone else's. In practice that includes:
- Brand and business names: the word itself, like a product or company name
- Logos and symbols: your visual mark
- Taglines and slogans: if distinctive enough
- Combinations: a name plus logo filed together
What you generally can't register: purely descriptive words ("Fresh Bread" for a bakery), generic terms, anything deceptive or offensive, or a mark identical to an existing one in the same class. The more distinctive and invented your mark, the stronger and easier to protect.
Example: A Bengaluru coffee brand wants to register "Daily Brew". Because it's somewhat descriptive of the product, the examiner may object. A coined name like "Kaapinu" faces far less resistance and gives stronger protection, worth knowing before you fall in love with a name.
The class system: get this right first
Trademarks are registered under the NICE classification, which divides all goods and services into 45 classes (1–34 for goods, 35–45 for services). You register your mark in the class(es) that match what you sell. This is the single most important decision in the whole process.
Pick the wrong class and your registration won't protect the activity you actually do. A clothing brand belongs in Class 25; a software company in Class 9 or 42; a restaurant in Class 43. If you operate across categories, say you sell products and run a service, you may need a multi-class application. Getting this mapping right at the start is exactly the kind of thing our registrations team does before a single form is filed.
The registration process, step by step
- Step 1: Trademark search. Before anything, search the public trademark register to check your mark (or a similar one) isn't already taken in your class. Skipping this is the most common and most expensive mistake. A clash discovered after filing means losing your fee and starting over.
- Step 2: Prepare and file (Form TM-A). File the application online with your mark, the chosen class(es), applicant details and the date of first use if already in use. Startups and MSMEs with valid recognition pay a reduced government fee.
- Step 3: Use the ™ symbol. The moment you file, you can use ™ next to your mark to signal a pending claim.
- Step 4: Examination. The Registry examines the application and issues an examination report. If there's an objection, you file a written response and, if needed, attend a hearing.
- Step 5: Publication in the journal. Once accepted, the mark is published in the Trademark Journal for a four-month period during which third parties can oppose it.
- Step 6: Registration. If unopposed (or opposition is resolved in your favour), the registration certificate is issued and you can use the ® symbol.
What ™ vs ® really means: ™ signals you're claiming a mark. You can use it from the day you file. ® means the mark is registered and legally protected, and using it before registration is an offence. Don't jump the gun.
How long does it take?
Here's the honest answer: getting your application filed takes a day; getting to a registered mark with the ® symbol typically takes 12 to 24 months if all goes smoothly, and longer if there's an objection or opposition. The good news is that protection effectively dates back to your filing date, and you can use ™ throughout. So the practical advice is simple: file early, even before you launch widely.
After registration: it's not forever by default
A registered trademark is valid for 10 years and is renewable indefinitely in 10-year blocks. Miss the renewal and the mark can lapse, opening the door for someone else. Registration also only matters if you enforce it. Monitoring for infringers and acting on them is part of owning a brand. We help clients track renewal dates so a valuable mark never slips through an administrative crack.
If you're incorporating a company and building a brand at the same time, it's worth sequencing them together. There's no point reserving a company name that infringes an existing trademark. Our startup services team routinely runs both checks in parallel.
Frequently asked questions
Do I need a registered trademark to use a brand name?
No. You can trade under an unregistered name and even claim limited common-law rights through use. But without registration you have no exclusive statutory right, and stopping a copycat becomes far harder and more expensive.
Can I register a trademark myself?
Yes, the portal allows self-filing. The risk is in the details: choosing the wrong class, missing a prior conflicting mark, or mishandling an objection, any of which can cost you the application. Most businesses find professional filing cheaper than redoing it.
What does trademark registration cost?
Government fees are charged per class and are reduced for individuals, startups and MSMEs. Professional fees for search, classification and handling objections sit on top. Filing in multiple classes multiplies the government component.
What happens if someone opposes my trademark?
During the four-month journal publication, a third party can file an opposition. You then respond with evidence, and the Registry decides. It lengthens the timeline but doesn't automatically defeat your application.
Can I trademark a logo and name together?
Yes. You can file them as a combined mark, or separately for broader protection. Filing the wordmark and logo separately costs more but protects each element independently.
Protect your brand before someone else claims it. We run the trademark search, map the right classes, file your application and handle any examination report or opposition, so your name and logo are genuinely yours.
Want to protect your brand?
Our team runs the trademark search, files the application in the right class and tracks it through to registration.