How to Register a Trademark in India: Steps, Fees and Rules for Foreign Brand Owners

The official filing fee is ₹4,500 per class for an individual, startup or small enterprise filing online, and ₹9,000 per class for everyone else.

This guide walks through each step from the foreign brand owner's side, from searches and fees to opposition, renewal and enforcement. If you are already weighing advisers, the Corporate INTL directory lists intellectual property lawyers in India alongside our wider directory of advisers in India.

How to register a trademark in India: the short answer

You register a trademark in India by searching the register, choosing your Nice classes, filing Form TM-A online with the official fee, answering any examination report within one month, surviving a four-month opposition period after publication, and then receiving a registration certificate. The register treats the mark as registered from the date of the application, not the date the certificate issues.

The stages and their statutory time limits:

Stage	Form or document	Key time limit
Search (optional but advisable)	Free public search, or Form TM-C for an official search certificate	Expedited certificate ordinarily within seven working days
Application	Form TM-A, one mark, one or more classes	Convention priority if filed within six months of a home filing
Formalities	Notice of deficiencies	Remedy within one month or the application is abandoned
Examination	Examination report	Respond within one month of receipt
Publication	Advertisement in the Trade Marks Journal	Opposition within four months of the Journal date
Opposition defence	Counterstatement on Form TM-O	Two months from receiving the notice of opposition
Registration	Certificate on Form RG-2	Registered as of the application date
Renewal	Form TM-R	Every ten years; file up to one year before expiry

Who can apply, and what foreign applicants need

Any person claiming to be the proprietor of a mark can apply in India, and IP India's own basics of trademarks guidance lists foreign applicants alongside individuals, startups, companies, partnerships, trusts and societies. You do not need an Indian company, an Indian office or prior use in India to file.

What you do need is an address for service in India. Rule 17 of the Trade Marks Rules 2017 requires every applicant or opponent to give the Registrar an address for service in India made up of a postal address in India and a valid email address. If you do not, the Registrar is under no obligation to send you notices, and no later order can be challenged on the ground that you never received one. Rule 15(3) adds that applicants with no principal place of business in India must also give their home country address.

Most foreign companies meet the rule by appointing a trade mark agent or advocate in India, authorised on Form TM-M under rule 19; service on the agent counts as service on you. There is a trap: if the agent withdraws or you revoke the authorisation, and you have no principal place of business in India, you must give a new Indian address within two months or the application is deemed abandoned.

Can a foreign company pay the lower fee?

Sometimes. The 2017 Rules extend the reduced fee to foreign businesses: a foreign entity counts as a startup if it meets the Startup India turnover and incorporation criteria and files a declaration, and as a small enterprise if it is within the investment limits the Micro, Small and Medium Enterprises Development Act 2006 sets for a medium enterprise. Large multinationals pay the standard fee.

Before you file: searches and the Nice classes

A search before filing is the cheapest protection you will buy. The Registry itself searches for earlier identical or deceptively similar marks, so a conflict you could have found will usually surface as an objection months later.

Start with the free public search on the IP India portal, run on the word elements and, for logos, the device elements. If you want an official answer, Form TM-C requests a search certificate from the Registrar. The official fee schedule sets that at ₹9,000 online, and an expedited certificate, which rule 22(3) says is ordinarily issued within seven working days, costs ₹30,000 and can only be requested online.

Goods and services are classified under the Nice Classification, which rule 20 adopts in its current edition. WIPO's Nice Classification page confirms the current version, NCL (13-2026), entered into force on 1 January 2026. Classes 1 to 34 cover goods and classes 35 to 45 cover services. A single TM-A can cover one mark in as many classes as you need, but the fee is charged for each class.

Draft the specification with care: the Registrar may refuse an application claiming all the goods or services in a class, or a very wide variety of them, unless satisfied the claim is justified. List what you sell or plan to sell in India.

Filing Form TM-A step by step

Most applications are filed through the Registry's e-filing service, which is cheaper than paper and issues an application number at once. Under rule 13, a digital signature counts as signing.

1. Appoint your agent or set up access. A foreign applicant normally files through an Indian agent authorised on Form TM-M, so that the address for service in India is the agent's.
2. Enter the applicant details. Give the full legal name, nationality and, for a company, the country of incorporation, as rule 15 requires, together with the home country address.
3. Describe the mark. Upload a clear representation. Rule 23(2) requires a statement if you want the mark treated as three-dimensional or as a combination of colours.
4. Add the classes and specification. One mark per application, one or more classes, each with a precise list of goods or services.
5. State the use basis. Either "proposed to be used" or a claimed date of first use in India. Under rule 25, a claim of prior use must be supported by an affidavit of use and documents.
6. Claim priority if available. Under section 154 of the Trade Marks Act 1999, an Indian filing made within six months of a convention country application takes the earlier date. Rule 24 requires a certificate from the home office, filed with the application or within two months.
7. Pay and submit. Pay the class fees online. The system issues an electronic receipt and the application number you will use for every later step.

Trademark registration fees in India

Official fees are set by the First Schedule to the Trade Marks Rules 2017, and IP India's fee page still publishes the 2017 schedule as current on 11 November 2026. Every application fee is charged for each class and each mark, and online filing is always cheaper than paper.

Action	Form	E-filing	Physical filing
Application, individual, startup or small enterprise (per class)	TM-A	₹4,500	₹5,000
Application, all other applicants (per class)	TM-A	₹9,000	₹10,000
Expedited examination, individual, startup or small enterprise (per class)	TM-M	₹20,000	Not allowed
Expedited examination, all others (per class)	TM-M	₹40,000	Not allowed
Official search certificate	TM-C	₹9,000	₹10,000
Expedited search certificate	TM-C	₹30,000	Not allowed
Notice of opposition or counterstatement (per class)	TM-O	₹2,700	₹3,000
Renewal (per class)	TM-R	₹9,000	₹10,000
Late renewal surcharge, within six months of expiry	TM-R	₹4,500 plus renewal fee	₹5,000 plus renewal fee
Restoration and renewal	TM-R	₹9,000 plus renewal fee	₹10,000 plus renewal fee
Recording an assignment (per mark)	TM-P	₹9,000	₹10,000
Request to be listed as a well-known trademark	TM-M	₹1,00,000	Not allowed

A standard applicant filing one word mark in three classes online therefore pays ₹27,000 in official fees. Agent fees are separate and unregulated.

Examination report: the one-month response window

After formalities, the Registry examines the mark on absolute and relative grounds. If it is accepted outright, it goes to advertisement; if not, the Registrar sends an examination report setting out the objections or conditions.

The deadline is short. Rule 33(4) of the 2017 Rules lets the Registrar treat the application as abandoned if the applicant fails to respond within one month of receiving the examination report. A reply usually argues distinctiveness, distinguishes cited marks, narrows the specification or files evidence of use. If it does not satisfy the examiner, or you ask, the Registrar must offer a hearing. If the application is refused, rule 36 gives you thirty days to ask the Registrar in writing for the grounds of the decision, the first step towards an appeal.

For brand owners on a launch timetable, rule 34 offers expedited processing on Form TM-M. An expedited application is ordinarily examined within three months, with later stages also handled faster, although the Registrar can cap the number of requests.

Common reasons for refusal

Most objections fall under two sections of the Act. Section 9 sets out absolute grounds, which concern the mark itself, and section 11 sets out relative grounds, which concern earlier rights.

• No distinctive character. Section 9(1)(a) bars marks that cannot distinguish one trader's goods or services from another's.
• Descriptive marks. Section 9(1)(b) bars marks made up only of words or signs describing kind, quality, quantity, purpose, value or geographical origin, unless they have acquired distinctiveness through use before the filing date.
• Customary terms. Section 9(1)(c) bars words that have become customary in the trade.
• Deceptive or offensive marks. Section 9(2) bars deceptive, scandalous or obscene marks, matter likely to hurt religious susceptibilities, and marks prohibited under the Emblems and Names (Prevention of Improper Use) Act 1950.
• Functional shapes. Section 9(3) bars shapes resulting from the nature of the goods, needed for a technical result or giving substantial value to the goods.
• Earlier marks. Section 11 bars a mark identical or similar to an earlier mark for identical or similar goods or services where there is a likelihood of confusion, including likelihood of association.

Foreign applicants meet the last ground most often, because a local business may already hold a similar mark in a related class. As the Chiquita trade mark decision in Europe shows, much turns on the exact goods claimed.

Publication in the Trade Marks Journal and opposition

Once accepted, the application is advertised in the Trade Marks Journal, and that starts the opposition period. Section 21 of the Act allows any person to oppose within three months of the advertisement, extendable by up to one month, and rule 42 requires the notice of opposition on Form TM-O within four months of the date of the Journal in which the mark was advertised.

If someone opposes, the Registrar serves the notice on you and you have two months from receipt to file a counterstatement on Form TM-O, under section 21(2) and rule 44. Missing that deadline is treated as abandonment of the application, so the date matters as much as the substance. Evidence then runs on fixed clocks under rules 45 to 47: two months for the opponent, two months for you and one month for reply evidence, then a hearing.

Opposition is also a tool for you: watching the Journal and opposing copies within four months is far cheaper than cancelling a registration later. Our guide on what to do when someone is using your trademark covers the wider options.

Registration certificate, validity and renewal

If no opposition is filed in time, or an opposition is decided in your favour, section 23 requires the Registrar to register the mark, and it is registered as of the date of the application. The certificate issues on Form RG-2 under rule 56; for legal proceedings or registration abroad, a separate certificate under section 137 is used. Section 23(3) adds that if registration is not completed within twelve months of the application because of the applicant's default, the Registrar may treat the application as abandoned after giving notice.

Registration lasts ten years under section 25 and can be renewed indefinitely for further ten-year periods. Rule 57 lets you file Form TM-R in the year before expiry, and under rule 58 the Registrar sends a reminder to your address for service in the last six months, another reason to keep that address current. You can still renew within six months after expiry with a surcharge, and within one year the Registrar may restore a mark removed for non-payment if satisfied it is just.

Use it or lose it: non-use cancellation

India does not require use before filing, but it does punish long non-use. Under section 47 of the Act a registered mark can be removed for particular goods or services if, up to a date three months before the removal application, a continuous period of five years or longer has passed since the mark was entered on the register without bona fide use by the proprietor. A mark can also be removed where it was registered with no bona fide intention to use it and has not in fact been used.

For a foreign brand that registered early but launched late, the answer is to keep a use file from the first Indian sale: invoices, distribution agreements, advertising and listings aimed at Indian customers.

Madrid route vs national filing in India

A foreign applicant can either file Form TM-A directly or designate India in an international registration through WIPO. India joined the Madrid Protocol with effect from 8 July 2013, and its accession, recorded in WIPO Information Notice No. 14/2013, extended the refusal period to 18 months and opted for an individual fee instead of a share of the standard fees.

Point	National TM-A filing	Madrid designation of India
What you need first	Nothing: file directly in India	A basic application or registration in your home office
Official fee for India	₹4,500 or ₹9,000 per class online	WIPO individual fee for India of CHF 83 per class, plus the WIPO basic fee
Other fees	Local agent fees	Basic fee of CHF 653, or CHF 903 if the mark is in colour, covering the whole international application
Examination deadline	No statutory deadline for the first examination	India must notify any provisional refusal within 18 months; refusals based on opposition can follow later
Indian agent	Usually appointed from the start	Needed if India raises a provisional refusal or an opposition
Management	Renewals and changes at the Indian Registry	Renewals and many changes recorded centrally at WIPO

WIPO's individual fee table lists India at CHF 83 for each class, and the schedule of fees sets the basic fee at CHF 653 for a black and white mark and CHF 903 for colour. Madrid suits a business protecting one mark in several countries at once; a national filing suits one that wants an Indian agent and an Indian-style specification from day one. The trade-offs across all the major routes are set out in our guide on how to register a trademark internationally, and investors weighing the new trade terms may also find our report on the UK and India free trade agreement useful.

The route also runs outward: an Indian business, or a foreign group's Indian subsidiary, can file an international application on Form MM2(E), which IP India's international trade mark protection page says carries a ₹5,000 handling fee.

Enforcement basics

Registration gives you the statutory right to sue for infringement; without it you rely on passing off. Section 134 of the Act requires infringement and passing off suits to be brought no lower than a District Court, and lets a registered proprietor sue where it resides or carries on business. Section 135 lists the civil remedies: an injunction, damages or an account of profits at the claimant's option, and delivery up of infringing labels and marks.

Counterfeiting also carries criminal exposure. Section 103 makes falsifying a trade mark or falsely applying it to goods or services punishable by imprisonment of six months to three years and a fine of ₹50,000 to ₹2,00,000, unless the accused proves they acted without intent to defraud. Marketplace counterfeits raise platform questions, as the AliExpress fine under the EU Digital Services Act shows, and disputes such as the JLR action over the BYD Ti7 show how fast enforcement can escalate.

When to instruct a trade mark attorney in India

A foreign brand owner almost always needs local help, because the Rules require an Indian address for service and the tightest deadlines, one month for an examination report and two months for a counterstatement, leave little room for correspondence across time zones. Instruct an Indian trade mark attorney or agent:

• Before filing, if the mark is a coined word you plan to use across a large product range, or if a search shows similar Indian marks in related classes.
• When an examination report arrives, since the reply is due within one month and may need evidence of use or distinctiveness.
• When your mark is opposed, or when you see a copy in the Trade Marks Journal and want to oppose it within four months.
• Before launch or licensing, to check your registrations cover what your Indian distributor will sell.
• When you find counterfeits, to weigh civil action, criminal complaints and marketplace takedowns.

Before the first call, prepare a clear image of the mark, the owner's full legal name, address and country of incorporation, a list of goods and services for India, any home filing details for priority, evidence of Indian use, and whether you qualify as a startup or small enterprise. Ask for an estimate separating official and professional fees.

Corporate INTL runs a directory of lawyers and advisers in more than 150 jurisdictions. You can browse IP lawyers in India, the full India adviser directory or intellectual property specialists worldwide, or use the form below and we will put you in touch with a member. If your brand also protects technology, see our guide on how to patent an idea internationally, and for the questions worth asking any IP adviser, our guide to choosing a patent attorney in Germany.

Frequently asked questions

How do I register my trademark in India as a foreign company?

File Form TM-A online, usually through an Indian agent, or designate India through the Madrid System. You must give an Indian postal address and email address for service, and pay the class fees.

How much does trademark registration in India cost?

The official TM-A fee is ₹4,500 per class online for an individual, startup or small enterprise, and ₹9,000 per class online for all other applicants. Paper filing costs ₹5,000 and ₹10,000. Agent fees are extra.

Do I need a local agent to file a trademark in India?

The Rules do not require an agent, but they require an address for service in India. Foreign applicants without an Indian place of business normally meet that requirement by appointing an Indian trade mark agent or advocate on Form TM-M.

What is the time limit to reply to a trademark objection in India?

One month from receiving the examination report. Under rule 33(4) of the Trade Marks Rules 2017 the Registrar may treat the application as abandoned if you do not respond within that period.

How long is the opposition period for a trademark in India?

Four months from the date of the Trade Marks Journal in which the application is advertised. If an opposition is filed, the applicant has two months from receiving it to file a counterstatement.

How long is a registered trademark valid in India?

Ten years from the date of the application, renewable indefinitely for further ten-year periods. A late renewal is possible within six months of expiry with a surcharge, and restoration may be allowed within one year.

Can I designate India under the Madrid Protocol?

Yes. India joined the Madrid Protocol on 8 July 2013, charges an individual fee listed by WIPO at CHF 83 per class, and has 18 months to notify a provisional refusal.

Which is better, TM or R?

The TM sign is commonly used with any mark you claim. The R symbol indicates a registered trade mark, so reserve it for marks registered in India for the goods or services concerned.

Can a registered trademark be cancelled for non-use in India?

Yes. Under section 47, a mark can be removed for goods or services on which it has not been genuinely used for a continuous period of five years or more since it was entered on the register.

Sources

1. IP India, Trade Marks: Forms and Official Fees, First Schedule to the Trade Marks Rules 2017: ipindia.gov.in
2. Trade Marks Rules 2017, Gazette of India notification published by IP India: ipindia.gov.in
3. Trade Marks Act 1999, IP India acts page: ipindia.gov.in
4. IP India, Basics of Trademarks: ipindia.gov.in
5. IP India, International trade mark protection: ipindia.gov.in
6. WIPO, Information Notice No. 14/2013, Accession to the Madrid Protocol: India: wipo.int
7. WIPO, Individual Fees under the Madrid Protocol: wipo.int
8. WIPO, Madrid System Schedule of Fees: wipo.int
9. WIPO, Nice Classification: wipo.int

About this article

This guide was researched and written by The Corporate INTL Newsroom, which covers cross-border legal, regulatory and business developments for lawyers, professional advisers and financiers in over 150 jurisdictions. Every fee, deadline and rule has been checked against the Act, the 2017 Rules, IP India's fee schedule and WIPO records. It is general information, not legal advice; your position depends on your mark, your goods and services and your plans for India, so take advice from a qualified trade mark attorney before filing. Last reviewed 11 November 2026. For more analysis like this, visit the Corporate INTL newsroom or subscribe to Corporate INTL.