Trademark Search and Registration in India

Before filing, run a public search on IP India to check whether an identical or confusingly similar mark already exists. A conflicting mark can lead to refusal, wasting both time and fees.

1. 1Go to ipindiaservices.gov.in/publicsearch.
2. 2Choose a search type: Wordmark, Vienna code or Phonetic.
3. 3Enter your brand name, logo or keyword.
4. 4Select the relevant class — e.g. Class 9 for software, Class 35 for business services.
5. 5Review results for identical or deceptively similar marks, their status and owner details.

India follows the NICE Classification with 45 classes. You must apply in the class that matches your goods or services. Choosing the wrong class can lead to refusal.

• Class 9 — Software, apps, electronics, downloadable products.
• Class 35 — Advertising, business management, retail services.
• Class 41 — Education, training, entertainment, publishing.
• Class 42 — Technology, software development, design services.
• Class 25 — Clothing, footwear, headgear.

1. 1Run a public search on IP India first.
2. 2Select the correct class and prepare Form TM-A.
3. 3File online through ipindiaonline.gov.in.
4. 4Examination: the Registrar reviews the application.
5. 5Respond to the examination report, if issued.
6. 6Publication in the Trademark Journal — 4-month opposition window.
7. 7If no opposition, the registration certificate is issued.

• Applicant name, address and business details
• Clear image/specimen of the trademark or logo (JPEG/PNG)
• Identity/address proof (Aadhaar, passport, etc.)
• MSME or startup registration certificate (for fee concession)
• Form TM-48 power of attorney if an agent/advocate files on your behalf

• Filing without a prior search
• Choosing the wrong or incomplete class
• Picking descriptive or generic words (e.g. ‘Best Shoes’)
• Missing deadlines to reply to official correspondence
• Forgetting renewal after 10 years