Trademark Registration in India 2026 — Form TM-A, Fees, Classes, and the 18-Month Process Explained

Trademark registration in India is one of the few business registrations where DIY genuinely works for simple cases — the IP India e-filing portal is functional, the statutory fees are unchanged since 2017, and a single-class word-mark application can be filed in under an hour by someone willing to read the Trade Marks Rules. For composite marks, multi-class filings, or anything with similarity risks, a registered trademark agent earns their fee in avoided objections. This page lays out the fee structure, the 12-18 month process, the form mechanics, and the rejection patterns to avoid.

The fee structure — unchanged since 2017

Form	Purpose	Online fee per class	Physical fee per class
TM-A	New trademark application	₹4,500 (individual / startup / MSME) or ₹9,000 (company / LLP)	₹5,000 / ₹10,000
TM-O	Opposition or counter-statement	₹2,700	₹3,000
TM-R	Renewal (every 10 years)	₹5,000 / ₹10,000 (per concession tier)	₹5,500 / ₹11,000
TM-M	Miscellaneous (assignment, name change, licensing)	₹900 onwards (form-specific)	₹1,000 onwards

The 50% concession on TM-A applies to individuals, DPIIT-recognised startups, and Udyam-registered MSMEs. The concession applies across the lifecycle — opposition, renewal, and miscellaneous filings all attract the concessional rate for qualifying applicants. Per the official IP India fee schedule.

The 12-18 month process

Phase 1 — Pre-filing (1-2 weeks): Decide the mark (word / logo / composite). Run a public search on the IP India portal — both Wordmark and Phonetic Search — to catch obvious prior-similarity issues. Identify the NICE class(es) (use the WIPO NICE Classification reference or the IP India Class Finder). Prepare a clear specification of goods / services per class — too broad invites objection, too narrow leaves the protection gappy.

Phase 2 — Filing TM-A (1 day): Register on the IP India e-filing portal. Complete Form TM-A: applicant details (with concession claim), mark representation (upload image for logo / composite), class(es), goods / services description per class, statement of use, prior-use claim if any. Pay the fee. Allotment number (TM number) is generated immediately.

Phase 3 — Examination (4-6 months): The examiner reviews the mark and issues an Examination Report. Most reports raise one or more of: absolute grounds objection (descriptiveness, lack of distinctiveness), relative grounds objection (similarity to prior marks), or formal objection (specification too broad, classification error). You respond within 30 days (extendable by 1 month). A well-prepared response addresses each objection point-by-point with arguments and supporting evidence (e.g. acquired distinctiveness via use, distinguishability arguments for similarity claims).

Phase 4 — Publication and opposition window (4-8 months): If the examiner accepts the response (or there are no objections), the mark is published in the Trade Marks Journal. A four-month opposition window opens. About 8-12% of published marks face opposition. If no opposition is filed (or you successfully defend against opposition), the mark proceeds to registration.

Phase 5 — Registration (2-4 months): Registry issues the Certificate of Registration. Protection runs for 10 years from the application date (not the registration date), renewable indefinitely for further 10-year periods.

NICE classification — the choice that matters most

The NICE Classification (12th edition, in force 1 January 2025) has 45 classes — 34 goods, 11 services. Your trademark protection is scoped to the classes you’ve registered. A typical Indian SaaS company registers in:

• Class 9 — Software, downloadable applications, electronic data carriers
• Class 35 — Advertising, business management, business administration
• Class 42 — Scientific and technological services, software design and development, SaaS

That three-class filing covers the product, the commercial activity, and the technical-service category — typically sufficient. A consumer-product company files differently (Class 25 for clothing, Class 30 for foodstuffs, etc.). A services-only consulting firm files Class 35 + 42 + relevant specialised classes.

Getting the class wrong is the most expensive avoidable mistake. You typically cannot add classes to an existing application — you file a fresh application (full fee again, new examination cycle). Spend an hour with the NICE Classification reference and the IP India Class Finder before filing. For non-obvious cases, a 30-minute consultation with a trademark agent is well worth the spend.

What the DPIIT / MSME concession actually changes

A typical Indian early-stage startup filing in Classes 9 + 35 + 42 pays:

Status	Per class	Total (3 classes)
Company without DPIIT / MSME	₹9,000	₹27,000
DPIIT-recognised startup	₹4,500	₹13,500
MSME-registered (Udyam)	₹4,500	₹13,500
Individual applicant	₹4,500	₹13,500

The 50% concession is a real, claim-on-the-form-and-it-applies discount. Two ways to qualify:

• DPIIT Startup India recognition: apply at startupindia.gov.in. Eligibility: incorporated within 10 years (private limited / LLP / partnership), annual turnover under ₹100 crore in any FY since incorporation, working on innovation / development / improvement of products or services. Recognition certificate issued in 4-8 weeks typically.
• Udyam Registration (MSME): apply at udyamregistration.gov.in — free, instant. Almost every early-stage startup qualifies as Micro under the revised April 2025 thresholds (investment up to ₹2.5 cr, turnover up to ₹10 cr). See the Udyam guide.

Hold one (or both) before filing the trademark — the concession is per filing, claimed on Form TM-A.

Madrid Protocol — when to file internationally

Madrid System (administered by WIPO) lets you file one international application covering up to 130+ member countries using your Indian registration as the base. The fee structure: base fee in Swiss francs (~CHF 653 = ~₹62,000 currently), plus complementary fees per designated country (range ~CHF 100-500 = ~₹10,000-₹50,000 per country, country-dependent). Standard sequencing for Indian exporters:

1. File India-first via TM-A — get the Indian application (or registration) as the base
2. After 3-6 months (once the Indian application is accepted into the Trade Marks Journal), file the Madrid international application designating the target countries
3. Each designated country’s IP office examines the mark on its own grounds and can refuse — but the procedural overhead of 1 Madrid filing vs N domestic filings is significant

Country selection drives cost. A Madrid filing covering 5 strategic countries (US, UK, EU, UAE, Singapore — typical for an Indian B2B SaaS) costs ~₹2-3 lakh in WIPO + country fees. Filing the same 5 countries directly (national route) typically costs ₹4-6 lakh and requires 5 separate local-agent engagements. The Madrid route wins on cost for any cross-border footprint of 3+ countries.

Common rejection patterns to avoid

1. Descriptive marks — words directly describing the goods or services (e.g. “Best Coffee” for a coffee shop) are refused under Section 9(1)(b) of the Trade Marks Act 1999. Use distinctive (preferably coined or arbitrary) marks: “Tata”, “Reliance”, “Infosys” are all coined; “Apple” for computers is arbitrary (doesn’t describe the product).
2. Generic terms — common names of the product (e.g. “Mobile” for phones) cannot be monopolised by any single trader.
3. Identical or deceptively similar to prior marks — even non-identical marks that are phonetically or visually similar get refused. The IP India Public Search portal lets you check both wordmark and phonetic similarity before filing — use it.
4. Geographical names without acquired distinctiveness — “Mumbai Hotel” for a Mumbai hotel is refused; geographical descriptors generally don’t qualify for monopoly protection without acquired distinctiveness via long substantial use.
5. Marks contrary to law, morality, or public order — religious figures, national symbols, the names of national heroes, obscene or scandalous matter — all refused under Section 9(2).

Run the IP India Public Search (Wordmark + Phonetic) before filing. This single step catches the prior-similarity rejections that are the most common avoidable refusal and the most expensive when discovered after filing.

How BatchWise positions on trademark work

BatchWise does not file trademarks. This is genuinely a scope where specialised providers — Vakilsearch, IndiaFilings, LegalRaasta, Trademarkia, and independent IP lawyers — are the right answer. Trademark work is high-volume, agent-intensive, and ASCI / IP-tribunal-experienced; our coordination scope (BRSR / ESG assurance + SME compliance subscriptions) is not the right fit. We recommend using a registered trademark agent or IP lawyer for any composite mark, multi-class filing, or Madrid Protocol strategy; for simple single-class word-mark applications, direct DIY on the IP India e-filing portal is genuinely viable. See the DIY vs hire CA guide for the same decision frame on tax filings.