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) |
How to Do a Trademark Search on IP India Portal
Before filing your trademark application, a thorough search is essential to ensure no identical or deceptively similar mark already exists. The IP India e-register (ipindiaonline.gov.in) is the official search tool.
Step 1 Go to ipindiaonline.gov.in → Trade Mark → TM Search (or directly: tmrsearch.ipindia.gov.in)
Step 2 Select search type: Wordmark (for name/word marks) or Vienna Code (for logo/device marks)
Step 3 Enter the trademark word → select the class (or search in “All Classes” for a broader check) → click Search
Step 4 Review results — check marks with status “Registered” or “Objected” in your class. Also check phonetically similar spellings
Step 5 If no conflicting marks found, proceed with the TM-A application. If similar marks exist, a professional clearance opinion from a TaxGyani IP attorney is recommended
Trademark Check India — Important: The IP India portal only searches registered/applied trademarks. It does not cover unregistered “common law” marks. Also search Google, domain registrars, and company name databases (MCA portal) to avoid conflicts.