What you need to file a trademark application in India — the mark itself, applicant details, class selection and specification, the documents required for each applicant type, and what to do after filing.
A trade mark application needs surprisingly little paperwork but a good deal of decision-making. The documents take an hour; getting the mark, the classes and the specification right is what determines whether the registration is worth having.
Before You File — Search
- Search the trade marks register for identical and similar marks in the classes you intend to file in.
- Search phonetically similar marks, not only identical spellings. Similarity of sound is a ground of objection.
- Search the company and LLP name databases.
- Check domain availability and social media handles.
- Search common law use — a mark unregistered but in genuine use can still be asserted against you.
A search is cheap and an objection is not. Discovering a conflicting mark after filing means either a contested examination reply, an opposition, or abandoning the application and the fee. Discovering it after you have printed packaging and built a following is far worse.
The Mark Itself
- Wordmark — the word or phrase, filed as plain text. Broadest protection, because it covers the word in any font or style.
- Device or logo — filed as an image, in JPEG format, clear and of adequate resolution.
- Where the logo includes the brand name, consider filing the wordmark and the device separately. A device registration alone protects the styling, not the word.
- If colour is a feature you want to claim, state it; otherwise the mark is treated as covering all colours.
- Note any non-English or non-Latin script elements, with transliteration and translation.
Applicant Details
- Full legal name and address of the applicant, exactly as it appears in official records.
- Nationality, and legal status — individual, company, LLP, partnership, trust or society.
- Email address and mobile number.
- Date of first use in commerce, if you are claiming prior use. If claiming use, you must be able to evidence it — otherwise file on a "proposed to be used" basis.
Do not claim a use date you cannot prove. A claimed user date must be supported by an affidavit with documentary evidence — invoices, advertisements, packaging. An unsupported claim can undermine the application and is worse than filing as "proposed to be used", which is entirely legitimate for a new brand.
Classes and Specification
- The class or classes, from the 45 under the Nice Classification.
- A clear specification of goods or services within each class. This defines the scope of protection and matters as much as the class number.
- Fees are charged per class, so decide deliberately.
Documents by Applicant Type
Individual or Sole Proprietor
- Aadhaar or PAN.
- Address proof.
- Udyam registration certificate, to claim the concessional fee.
Company or LLP
- Certificate of incorporation.
- PAN of the entity.
- Board resolution or authorisation to file, and the authorised signatory's details.
- Udyam certificate or DPIIT startup recognition, to claim the concessional fee.
Partnership Firm
- Partnership deed.
- Names of all partners, all of whom are shown as applicants.
- PAN of the firm.
Trust or Society
- Registration certificate.
- Trust deed or memorandum.
- Authorisation in favour of the person signing.
If an Agent or Attorney Files for You
- Power of attorney in Form TM-48, signed by the applicant. It may be filed with the application or shortly after.
If You Are Claiming Priority
- A certified copy of the earlier foreign application, with a translation if it is not in English.
- The priority claim must be made within six months of the earlier filing date.
After Filing
- You receive an application number immediately, and may begin using the ™ symbol.
- The application is examined and an examination report may issue with objections.
- Reply to the examination report within 30 days of receipt. This deadline is the one most often missed, and missing it can lead to the application being treated as abandoned.
- If the reply does not resolve matters, a hearing is scheduled.
- On acceptance the mark is advertised in the Trade Marks Journal.
- Third parties may oppose within four months of advertisement.
- If unopposed, or if opposition is decided in your favour, the mark proceeds to registration.
- Registration lasts ten years and is renewable indefinitely for further ten-year periods. Use the ® symbol only after registration.
Diarise the renewal the day the certificate arrives. Ten years is long enough for the responsible person to have left the business. A renewal application can be filed in advance of expiry, and there is a surcharge-bearing window after it — but a mark allowed to lapse entirely has to be applied for afresh, losing its priority.
Related Guides
- Trademark Class Guide — all 45 classes
- Trademark Objection Guide — how to respond
- Trademark registration certificate, rights and duration
Key Facts About Trademark Registration Checklist
- Applies in: All states across India, under the relevant central law.
- Mode: Mostly online via the official government portal.
- Typical timeline: Ranges from a few days to a few weeks depending on the case.
- Non-compliance: May attract penalties, interest or late fees.
- Expert help: TaxClue completes the entire process end to end for you.
What do I need to file a trademark application in India?
The mark itself as a wordmark or image, the applicant's full legal name and address, the class or classes and a specification of goods or services, the date of first use if claiming prior use, and identity and constitution documents appropriate to the applicant type. A power of attorney in Form TM-48 is needed if an agent files for you.
Should I file a wordmark or a logo?
A wordmark gives the broadest protection because it covers the word in any font or styling. A device registration protects the specific visual. Where the logo contains the brand name, filing both separately is usually the stronger position.
Over 90% of compliance penalties in India arise from missed due dates — timely handling can save businesses thousands of rupees each year.
Trademark Registration Checklist: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.