On this page
A trademark application in India moves through a defined sequence — search, filing, examination, publication, and registration. Understanding that sequence up front is the single biggest thing that separates a smooth filing from one that drags on for years over avoidable objections.
1. Search
Before filing anything, search the Trade Marks Registry's records for identical or confusingly similar marks in your category. This isn't a formality — it's the step that determines whether your application has a real chance. A name that's clearly available saves months of back-and-forth later; one that's too close to an existing mark is the single most common reason applications get opposed or refused.
2. Choose your class
Trademarks are registered against specific classes of goods or services under an internationally standardised classification system (45 classes in total, covering everything from pharmaceuticals to clothing to software to legal services). Your mark is only protected within the classes you register it under — so this is where you need to think about not just what you sell today, but what you're likely to sell in the next few years. Expanding into a new class later means filing again.
3. File the application
The application includes the mark itself (a word, logo, or both), applicant details, the chosen class(es), and — if the mark is already in use — the date you first started using it. You can file on a "proposed to be used" basis if you haven't launched yet. Accuracy here matters: errors in the applicant's legal name or an unclear representation of the mark are common, entirely avoidable causes of delay.
4. Examination
A Registry examiner reviews the application against two things: existing similar marks (a "relative" ground for objection) and whether the mark is inherently registrable at all — for instance, marks that are purely descriptive of the product can face objections on "distinctiveness" grounds. If an objection is raised, you (or your agent) respond in writing, and sometimes at a hearing, explaining why the mark should proceed.
This is where most delays happen. A well-drafted initial application with a clean search behind it dramatically reduces the odds of a substantive objection at this stage.
5. Publication
Once the examiner is satisfied, the mark is published in the Trade Marks Journal — a public notice giving third parties a window to oppose the registration if they believe it conflicts with their own rights. If nobody opposes it within the opposition period, the application moves forward automatically.
6. Registration
If the mark clears publication unopposed — or any opposition that's filed is resolved in your favour — the Registry issues the registration certificate. From here, a trademark is renewable indefinitely for as long as it stays in use and renewal fees are kept current, giving your brand protection that in principle never has to expire.
Common mistakes that slow things down
- Skipping the search and filing a mark that's already effectively taken
- Filing in the wrong class, or too narrow a set of classes for where the business is heading
- Descriptive marks — names that simply describe the product rather than identifying its source — which face a much harder path to registration
- Inconsistent use of the mark across the business, which weakens the case that it's genuinely distinctive
- Missing renewal deadlines, which can lapse an otherwise strong registration
None of these are complicated once someone points them out — which is exactly why a proper search and a carefully drafted application at the start are worth the time they take.
Ready to register your brand? MYCrave handles search through registration.
Start Your TrademarkAbout this guide
- The Trade Marks Act, 1999 and the Trade Marks Rules, 2017
- Office of the Controller General of Patents, Designs and Trade Marks — official fee schedule and forms
- Trade Marks Registry public search and journal
Statutory fees, forms and timelines are revised periodically. Figures here reflect the position at the review date above — confirm the current schedule before you act. Official material is published by the Office of the Controller General of Patents, Designs and Trade Marks.
Spotted an error? Tell us at info@mycrave.co.in and we will correct it. How we research, review and update this library is set out in our editorial policy. This guide is general information about Indian IP law and procedure, not advice on your specific matter.