trademark regsitartion in india trademarkfocus
India trademarkfocus

File Your Trademark Application in India

Are you considering trademark registration in India? You're in the right place! Trademark Focus offers highly competitive pricing and expert services to handle all aspects of your trademark application in India. Whether you're an entrepreneur or a large corporation, we ensure that your trademark is protected through a smooth and efficient process.

Important highlights about the Indian trademark registration process:

We have a dedicated attorney specializing in trademark registration in India who handles all your legal requirements—from filing and opposition to litigation. Additionally, we offer support for various other legal matters within India.

Select a plan to start your Trademark Registration in India

The prices are in USD$ for India

SAIL THROUGH

$445

Covers filing your application and reporting the progress all the way to registration. 2 classes included. This is our entry-level package.

All IN

$745

Covers full trademark registration, including reporting and responding to non-substantive examiner’s objections and free re-filing.

BELLS AND WHISTLES

$1195

Covers all aspects of trademark registration, including responding to all examiner’s objections and free re-filing. More free extras.

Prices depend on the country. Please check individual country page for exact prices for each package.

Details About Pricing Packages

What’s included:

We handle the preparation and filing of your trademark application in India, keeping you updated throughout the entire process until registration.

The application covers up to 1 class.

For each additional class, our professional fee is $100.

What’s not covered:

Our “ALL IN” package for trademark registration in India includes government fees, responses to examiner’s objections (office actions), opposition handling, free re-filing, and other added benefits.

If an office action is issued during your trademark registration in India, we will promptly notify you and provide an estimate for our response based on our hourly rate. Whenever possible, we aim to offer a flat fee for this service.

When to choose:

If your budget is limited and our free trademark search does not reveal any obstacles to registration, you can proceed confidently with your trademark application in India.

When it might be a better idea to choose a different package:

What’s included:

Our package covers all services included in the “SAIL THROUGH” plan, plus handling and reporting on non-substantive (procedural) office actions, along with free re-filing if the Trademark Office refuses your mark during registration in India.

Free re-filing under our “SAIL THROUGH” package is subject to certain conditions—you will be responsible for government fees, while we waive the professional fees. For more details, please refer to our FAQ section on re-filing.

The trademark application includes up to 1 class. For each additional class, our professional fee is $100.

Free extras included:

What’s not included:

Our “BELLS AND WHISTLES” package for trademark registration in India includes government fees, handling of substantive office actions, opposition proceedings, and a range of additional free extras for complete peace of mind.

When to choose this package:

Our most popular package offers peace of mind and budget predictability, making it the recommended choice for trademark registration in India.

Why This Package Is a Smarter Choice Than “SAIL THROUGH”

We handle non-substantive office actions at no extra cost. Additionally, if your trademark is refused, you can choose to file for a different trademark with our professional fees waived!

File with confidence:

If your trademark is refused,

We’ll file another – fee excused.

What’s included:

This package includes all services from the “ALL IN” plan, plus handling and reporting on substantive office actions, along with free re-filing if the Trademark Office refuses your mark during the trademark registration process in India.

Free re-filing under our “ALL IN” package follows specific conditions—you will cover the government fees, while we waive the professional fees. Please refer to our FAQ section for more information on re-filing.

The trademark application includes up to 3 classes. For each additional class beyond that, our professional fee is $200.

Free extras included:

What’s not included:

Our services include handling government fees and managing opposition proceedings during your trademark registration in India.

When to choose this package:

Our most popular package provides peace of mind and budget predictability, making it the ideal choice for trademark registration in India. This is the package we highly recommend.

Why This Package Is Best for you

We handle substantive office actions at no extra cost. Additionally, if your trademark is refused, you’ll have the option to file for a different trademark, with our professional fees waived! Since substantive objections are common, this package offers excellent value.

File with confidence:

If your trademark is refused,

We’ll file another – fee excused.

Government fees are not included in our packages and are extra

For Companies:

  • First class: $150

  • Each additional class: $130

For Individuals:

  • First class: $75

  • Each additional class: $70

Claiming Priority from earlier trademark filings in the US, Canada, EU, or Australia: $140
(This includes obtaining a certified copy of your original application and translating documents into Hindi. Courier charges of approximately $80 apply for shipping from Canada or the US to India.)

Responding to Objections: Charged on an hourly basis.

Possible Additional Fees:

  • Stamp paper charges: determined on a case-by-case basis

  • Clerical charges: $15

Gov2 trademarkfocus

Upgrades Package

Upgrade 1

$300

Upgrade “SAIL THROUGH” package to “ALL IN” package

Upgrade 2

$750

Upgrade “SAIL THROUGH” package to “ALL IN” package

Upgrade 3

$450

Upgrade “SAIL THROUGH” package to “ALL IN” package

Frequently Asked Question

What is a trademark and why should I register it in India?

A trademark is a unique symbol, word, logo, phrase, or combination that identifies and distinguishes your products or services from others. Registering a trademark in India grants you exclusive legal rights to use the mark, helps build brand identity, and protects your business from misuse or imitation.

Can't find the answer that you are looking for?

For a smooth, straightforward application, trademark registration in India typically takes about 10 to 12 months from the filing date. This timeline may vary if there are objections or oppositions during the process.

Can't find the answer that you are looking for?

No — prior use is not required to file a trademark application in India. You can apply for a mark on a proposed-to-be-used basis, and submit proof of use later if necessary.

Can't find the answer that you are looking for?

In India, the government filing fee is:

  • ₹4,500 (around $75) per class for individual/startups.

  • ₹9,000 (around $150) per class for companies.

Additional classes require extra fees.

Can't find the answer that you are looking for?

Yes — both individuals and businesses (including companies, partnerships, LLPs, or trusts) can file for trademark registration in India. The process and rights remain the same, though government fees differ.

Can't find the answer that you are looking for?

  • Word Marks

  • Device/Logo Marks

  • Sound Marks

  • Shape of Goods

  • Taglines/Slogans

  • Color Combinations

  • Three-Dimensional Marks

Can't find the answer that you are looking for?

While not legally mandatory, it’s highly recommended to do a trademark search in India to check for existing or similar marks. This reduces the risk of objections, delays, and refusals.

Can't find the answer that you are looking for?

🏢 Company Name

  • This is the legal name of your business entity.

  • It’s registered with your state, provincial, or national government.

  • It appears on legal documents like incorporation papers, tax filings, and contracts.

Example:
Microsoft Corporation download 1 trademarkfocus

Important:
One company can own several brands and operate under multiple names.


🛒 Business Name / Doing Business As (DBA)

  • This is the name you use in the marketplace to sell your products or services.

  • It may or may not be the same as your company name.

  • If it’s different, you typically need to register it as a “Doing Business As” (DBA) or “Trade Name.”

Example:
Microsoft: download trademarkfocusor a combined mark download 1 trademarkfocus


Skype:download 2 trademarkfocus

 


🌐 Domain Name

  • This is your address on the internet — the web address people type to visit your website.

  • It doesn’t give you trademark rights by itself, but it’s a valuable part of your brand identity.

 

A single company can own multiple domain names for different brands, campaigns, or products.


®️ Trademark

  • A trademark is a legally protected brand identifier.

  • It can be a word, phrase, logo, symbol, sound, color, or even a scent that distinguishes your product or service from others in the market.

  • Registered trademarks give you exclusive rights to use that mark in connection with specific goods or services.

 

Can't find the answer that you are looking for?

Incorporating your business or registering a company name does not automatically give you trademark rights to use that name as your brand.

For example, in the US, each state has its own rules for business name registration. If you register an LLC named Coolapples LLC in Delaware, that registration only applies in Delaware. Another business could register Coolapples LLC in Indiana or any other state without infringing on your state-level business name.

This means your state-level company name registration does not protect your brand nationwide.

If you want exclusive, nationwide rights to your brand name—especially if you plan to expand beyond one state—you should register a federal trademark with the United States Patent and Trademark Office (USPTO). This trademark gives you the exclusive legal right to use your brand name for your goods or services across the entire country.

Similarly, if you’re in Canada or Australia, registering a trademark with the respective national trademark office will give you country-wide protection and make it easier to sell, license, or enforce your rights to your brand.

Can't find the answer that you are looking for?

Yes, you can legally use a trademark even if it isn’t registered. In fact, in many countries like the US, trademark rights are based primarily on actual use in commerce, not just registration. This is called common law trademark rights and gives you some protection within the geographic area where you use your mark.

However, there are important risks:

  • If someone else has already been using a similar or identical mark before you (whether registered or not), you may be infringing on their rights and could face legal action.

  • Without registration, your rights are limited and harder to enforce nationwide or internationally.

  • Registration provides stronger legal protection, public notice, and easier enforcement.

Can't find the answer that you are looking for?

The trademark registration process in India typically takes around 10 to 12 months for a straightforward application without objections or oppositions. Here’s a step-by-step timeline:

  • Filing to formal examination: 1 to 2 months

  • Examination report issuance: 3 to 6 months

  • Response to objections (if any): Within 30 days

  • Show Cause Hearing (if scheduled): As per Registry’s availability

  • Publication in Trademark Journal: If accepted, within 3 months

  • Opposition period: 4 months from the publication date

  • Issuance of Registration Certificate: If no opposition, within 1 to 2 months after the opposition period ends

Total estimated time: 10 to 12 months for a smooth application, but it may take longer if objections or oppositions arise.

Can't find the answer that you are looking for?

If your application faces an objection, the Trademark Registry issues an examination report. You’ll have to respond with explanations or evidence. In some cases, a show cause hearing may be scheduled to resolve the matter.

Can't find the answer that you are looking for?

A registered trademark in India is valid for 10 years from the date of application and can be renewed indefinitely in successive 10-year periods by paying the renewal fee.

Can't find the answer that you are looking for?

Yes — if you have a prior trademark application in a member country of the Paris Convention or WTO, you can claim priority in India within 6 months of the original filing date.

Can't find the answer that you are looking for?

Yes — India follows the Nice Classification system, and you can register your trademark under multiple classes by paying the applicable government and professional fees for each class.

Can't find the answer that you are looking for?

A specimen of use is real-world proof showing how your trademark is actually used in connection with the goods or services you provide in the marketplace. It’s a requirement when filing certain types of U.S. trademark applications and during post-registration maintenance.


📌 For Goods (Products):

You must show your trademark directly on the product or its packaging. Acceptable specimens include:

  • Product labels

  • Tags attached to the product

  • Product packaging

  • Instruction manuals

  • Photographs showing the product with the mark visible

🔴 Not allowed: Drawings, mockups, or promotional ads alone — they don’t count for goods.


📌 For Services:

You need to prove your mark is publicly used when offering your services. Acceptable specimens include:

  • A screenshot of your website showing the trademark prominently (usually in the header) along with a description of your services.

  • Brochures, flyers, or online ads offering the services with your mark clearly visible.

  • Business cards or signage photos displaying your trademark alongside the services provided.


⚠️ Why It Matters:

Submitting the correct type of specimen is crucial — the USPTO can refuse your application if the specimen doesn’t meet their requirements. It must reflect how your trademark appears in actual, day-to-day commercial use.



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Can't find the answer that you are looking for?

  • Exclusive legal rights to use the trademark.

  • Protection against infringement and unauthorized use.

  • Building brand value and recognition.

  • Eligibility to license or franchise your brand.

  • Priority claim in international filings under the Madrid Protocol.

Can't find the answer that you are looking for?

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