Step-by-step guides for trademark search & application, status tracking, objection response, patent search & filing, copyright registration, and design registration.
How-To Guides
IP India Portal Step-by-Step
Trademark Search — Step-by-Step
01
Visit ipindiaonline.gov.in/tmrpublicsearch
Go to IP India trademark search portal. No login required for public search. Choose search type: Wordmark (text search), Vienna Code (device/logo search), Phonetic (sound-alike search).
02
Wordmark Search
Select "Wordmark" → Enter the word/phrase you want to register → Select class (1–45) or "All Classes" → Choose search option: Contains / Starts With / Exact. View results showing similar marks and their status.
03
Vienna Code Search (for Logos)
Vienna Classification is a hierarchical system for image elements (e.g., 01.03.10 = sun with face). Enter the relevant Vienna codes for your logo elements. Useful to find conflicting device marks.
04
Understand TM Status Meanings
Registered: Active protection. Opposed: Objection filed by third party. Objected: Examiner has raised objections. Abandoned: Application lapsed. Withdrawn: Applicant withdrew. Refused: Denied by TM Registry.
05
Check the Certificate / Details
Click on a mark to see full details: application number, filing date, class, goods/services description, proprietor name & address, agent details. Check the goods/services description for overlap with your use.
06
Search on IPRSEARCH Portal
For advanced search including phonetic matches and broader analysis, use iprsearch.gov.in (separate IP India portal). You can also search by applicant name to find all trademarks of a particular brand.
Key Note: Always search in all relevant classes AND phonetically. A mark that looks different but sounds similar (e.g., "Kaff" vs "Caf") can still be opposed. Conduct a comprehensive search before investing in brand identity.
Trademark Application (TM-A) — Step-by-Step
01
Create Account on IP India Portal
Visit ipindiaonline.gov.in → Sign Up → Select applicant type (Individual, Startup, MSME, Others). For attorney filing: register as "Attorney/Agent". Get User ID and login credentials.
02
Choose the Right Trademark Class
India follows the Nice Classification (45 classes): Classes 1–34 for goods; 35–45 for services. One application = one class. Multi-class applications are not allowed — file separate TM-A for each class. Common: 35 (retail/advertising), 41 (education), 42 (technology/software).
03
Prepare the Application (TM-A)
Fill: Applicant name, address, nationality, type of mark (word/device/combined/sound/3D), date of first use (or "proposed to be used"), goods/services description (aligned to class), representation of mark (JPG if logo).
04
User Category & Fee
Individual/MSME/Startup: ₹4,500/class (online). Others (company/LLP): ₹9,000/class (online). Filing via attorney: add professional fee. Startups must upload DPIIT/Startup India certificate at time of filing to avail reduced fee.
05
Attach Documents & Submit
Upload: JPG of mark (if device), Priority claim documents (if claiming priority from foreign filing), MSME/Startup certificate (for concessional fee). Submit form → Payment gateway → TM application number allotted instantly.
06
Examination Report
TM examiner reviews within 30–60 days. May issue: (a) Acceptance (goes to publication), or (b) Examination Report with objections (respond within 30 days). Common objections: similarity with existing marks, descriptive/generic nature.
07
Publication & Opposition Period
Accepted mark is published in Trade Marks Journal for 4 months. During this period, third parties can file opposition (TM-O). If no opposition: mark proceeds to registration. Certificate issued (valid 10 years from filing date, renewable indefinitely).
Key Note: Apply as "Proposed to be Used" if your brand is new — you do not need to have been using it yet. Use of the mark begins after application filing. The filing date establishes your priority date against subsequent applicants.
TM Status Tracking & Objection Response — Step-by-Step
01
Track Application Status
Visit ipindiaonline.gov.in → Trade Marks → Track Application Status → Enter Application Number. OR tmrpublicsearch.ipindia.gov.in → Search by Application Number. Status updates in real-time.
02
Download Examination Report
Login → My Applications → View → Download Examination Report. The report specifies objections under Sec 9 (absolute grounds: descriptive, generic) or Sec 11 (relative grounds: similar to existing marks).
03
Respond to Examination Report
File TM Reply (TM-M form) within 30 days of report date. If not responded within 30 days: mark is abandoned. Attach: arguments, evidence of use, distinctiveness evidence, disclaimer, market survey (if applicable).
04
Hearing Request
If examination report objection is not resolved via written reply: Examiner calls for hearing. Login → e-Hearings → Schedule hearing date. Hearings are conducted via video conference on IP India's hearing module.
05
Respond to Opposition (TM-O)
If a third party files opposition during the 4-month journal period: File Counter Statement (TM-O/1) within 2 months. Then exchange of evidence affidavits. Final hearing before Registrar. Entire opposition can take 2–5 years.
06
Download Registration Certificate
Login → My Applications → After registration: Download e-Certificate (digitally signed). Physical certificate is no longer issued — the e-certificate from IP India portal is the valid legal document.
Key Note: Respond to examination reports even for seemingly weak objections — non-response means automatic abandonment. Many objections can be overcome with arguments and evidence of use or acquired distinctiveness.
Patent Search (inPASS) — Step-by-Step
01
Access inPASS (Indian Patent Advanced Search System)
Visit ipindiapatents.gov.in → Click "Search Patent" → Opens inPASS portal. No login required for patent search. inPASS covers all patents filed/granted in India.
02
Keyword / Title Search
Select search field: Title, Abstract, Claims, Complete Specification, Applicant Name, Inventor Name, Application Number, or IPC Classification. Enter keywords describing your invention concept.
03
IPC Classification Search
International Patent Classification (IPC) categorizes inventions by technology field (e.g., A61K = pharmaceutical preparations). Use IPC search for comprehensive prior art in specific technology areas.
04
Prior Art Search for Novelty Check
Before filing a patent, conduct prior art search to verify novelty. Search: Indian patents (inPASS), International patents (Espacenet, Google Patents, USPTO). Invention must be novel and non-obvious over prior art.
05
View Patent Document
Click on application number → View Full Document: Application details, abstract, drawings, complete specification, claims, publication gazette. Track status: Filed, Published, Granted, Abandoned, Withdrawn.
06
Patent Status Categories
Application Published: 18 months after filing (public disclosure, not yet granted). Under Examination: Examination requested and pending. Granted: Full patent protection for 20 years from filing date. Pre-Grant Opposition: Third party challenge before grant.
Key Note: A patent application is published 18 months after filing. During this time, it is confidential. File before disclosing your invention publicly — public disclosure BEFORE filing destroys novelty and prevents patenting.
Patent Filing — Step-by-Step
01
Create IP India Attorney/Applicant Account
Visit ipindiaonline.gov.in → Register → Select type (Applicant / Patent Agent). Applicants can file directly (pro se) or through a registered Patent Agent (mandatory for non-resident applicants).
02
Prepare Patent Application (Form 1 + Complete Specification)
Patent application includes: Form 1 (Application for patent), Complete Specification (title, field, background, summary, drawings, detailed description, claims, abstract). The Claims define the scope of protection — critical to draft precisely.
03
Provisional vs Complete Specification
Provisional Application: Filed when invention is not fully developed — establishes priority date. Complete Specification must be filed within 12 months of provisional. Complete Application: Filed directly with complete specification when invention is finalized.
04
Pay Filing Fee & Submit Form 1
Filing fee: ₹1,600 (e-filing, natural person/startup/MSME); ₹8,000 (e-filing, others) per application. Additional fees for excess pages/claims. Submit Form 1 on IP India online portal. Application number allotted.
05
Request for Examination (Form 18)
Application is NOT automatically examined — you must file Form 18 (Request for Examination) within 48 months of priority date. Fee: ₹4,000–20,000 (based on category). Examination begins after this request.
06
Respond to First Examination Report (FER)
Examiner issues FER with objections (novelty, inventive step, clarity, enablement). Respond within 12 months (extendable by 3 months). Patent granted if all objections resolved. Refused if not resolved satisfactorily.
Key Note: File a provisional application immediately to secure your priority date if your invention is partially ready. This prevents competitors from filing the same invention. Budget 3–5 years for patent prosecution — it is a long process.
©️Copyright & Design Registration — Step-by-Step
01
Copyright Registration — Who Can File
Copyright registration is optional (copyright exists automatically from creation) but recommended for legal evidence. Works: literary, musical, artistic, cinematographic, sound recordings, software/computer programs.
02
Register on Copyright Office Portal
Visit copyright.gov.in → Login → New Registration → Select work category. Alternatively, use IP India's integrated portal. Fill: title, nature of work, author/creator details, publication status.
03
Upload Work & Documents
Upload a copy of the work (PDF/MP3/MP4 as applicable). For literary: 3 copies of the manuscript. For software: source code (or abstract/summary if confidential). Pay fee: ₹500 per work (individual/startup); ₹2,000 (others).
04
Copyright Registration Certificate
Diary number allotted immediately. Copyright examiner reviews within 30 days (objection period). If no objection: Registration Certificate issued. Valid for the lifetime of author + 60 years.
05
Design Registration — Eligibility
Designs Act protects visual appearance (shape, pattern, ornamentation, composition of lines/colors) of an article. Not applicable to artistic works (covered by copyright), computer programs, trademarks. Protection: 10+5 years.
06
File Design Application (Form 1)
Visit ipindiaonline.gov.in → Designs → New Application. Upload: 4 views (front, back, top, perspective) of the design in precise drawings. Select Design Class (Locarno Classification). Fee: ₹1,000–4,000 per design class (varies by applicant type).
Key Note: Software and mobile app code can be registered as literary work under Copyright Act — it is quick (30 days), cheap (₹500), and provides strong evidence of creation date and ownership in infringement disputes.
Quick Reference
IP Rights Comparison
| IP Right | What It Protects | Duration | Filing Fee (e-filing) | Processing Time |
|---|---|---|---|---|
| Trademark | Brand name, logo, tagline, sound | + renewable | ₹4,500 (Individual/MSME) ₹9,000 (Others) | 12–18 months |
| Patent | Inventions, processes, compositions | from filing | ₹1,600–₹8,000 (application) + ₹4,000–₹20,000 (exam) | 3–7 years |
| Copyright | Literary, artistic, musical, software | ₹500 (Individual) ₹2,000 (Others) | 30–60 days | |
| Design | Visual appearance of articles | ₹1,000–₹4,000 per class | 3–6 months | |
| GI Tag | Geographical origin of products | + renewable | ₹500 per application | 12–24 months |
Common Questions
IP India Portal FAQs
Can I file a trademark application without a lawyer or agent?+
Yes. Indian individuals and companies can file trademark applications directly (pro se) on the IP India online portal. However, for companies and strategic filings, using a registered trademark attorney is strongly recommended to avoid errors and objections.
What is "™" vs "®" symbol?+
™ (TM): Can be used once you have filed a trademark application — even before registration. It indicates you claim the mark as your trademark. ® (Registered): Can ONLY be used after your trademark is officially registered by the IP India registry. Using ® before registration is illegal.
How long does trademark registration take in India?+
Typically 12–24 months for straightforward applications (no objections, no opposition). If examination objections are raised and need to be addressed, add 6–12 months. If opposed by a third party, it can take 3–7 years for final resolution.
My trademark was objected. What do I do?+
You have 30 days from the date of examination report to file a written reply (TM Reply). If you miss this deadline, the application is treated as abandoned. File a detailed reply addressing each objection with legal arguments, evidence of use, and supporting documents.
Can a trademark registered in India be used globally?+
No. Indian trademark registration gives protection only in India. For international protection, use the Madrid Protocol (WIPO) to extend your Indian trademark to 130+ countries via a single application. File within 6 months of Indian filing to claim priority.
Is copyright registration mandatory in India?+
No. Copyright arises automatically upon creation of an original work — no registration is required. However, registration creates a public record, provides legal presumption of ownership, and is strong evidence in infringement disputes. Highly recommended for software, books, music, and creative works.