Why Register Your Trademark — Overview
A trademark is a legal right that gives you exclusive ownership of your brand name, logo, tagline, or packaging. Without registration, you cannot legally stop others from using your brand. Registration under the Trade Marks Act, 1999 gives you:
✓ Exclusive right to use the mark nationwide
✓ Legal remedy (injunction, damages) against infringers
✓ Right to use ® symbol (after registration; ™ can be used after filing)
✓ Protection for 10 years, renewable perpetually
✓ Valuable intellectual property asset — can be licensed or sold
Understanding Trademark Classes
Trademarks are registered under specific classes of goods or services (Nice Classification — 45 classes). You only get protection for the classes you register in.
| Class | Category | Examples |
|---|
| Class 35 | Business Services | Accounting, advertising, business management |
| Class 36 | Financial Services | Insurance, banking, real estate |
| Class 41 | Education | Training, coaching, online courses |
| Class 42 | Technology | Software, IT services, research |
| Class 25 | Clothing | Apparel, footwear, headgear |
| Class 30 | Food & Beverages | Tea, coffee, bakery products |
Tip: A startup offering software (Class 42) and training (Class 41) should register in both classes separately. Government fee applies per class.
Trademark Registration Process — Step by Step
Step 1 Conduct a trademark search on IP India portal to check availability
Step 2 Determine the correct class(es) for your goods/services
Step 3 File Form TM-A online on the IP India portal with government fee
Step 4 Examination Report issued within 30–90 days — respond if objections raised
Step 5 Mark published in the Trade Marks Journal for 4 months (opposition window)
Step 6 Registration Certificate issued if no opposition — protection from filing date
| Applicant Type | Govt Fee (per class) |
|---|
| Individual / Startup / MSME | ₹4,500 (e-filing) |
| Company / LLP / Others | ₹9,000 (e-filing) |