IP India Portal (ipindia.gov.in) How-To Guide
Step-by-step guides for trademark search & application, status tracking, objection response, patent search & filing, copyright registration, and design registration.
IP India Portal — Step-by-Step
Tap any process below to expand the full step-by-step walkthrough.
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).
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.
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.
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 Withdrawn: Applicant withdrew.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.
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.
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.
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.
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).
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).
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.
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.
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.
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.
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.
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).
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).
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.
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.
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.
Visit ipindiapatents.gov.in → Click "Search Patent" → Opens inPASS portal. No login required for patent search. inPASS covers all patents filed/granted in India.
Select search field: Title, Abstract, Claims, Complete Specification, Applicant Name, Inventor Name, Application Number, or IPC Classification. Enter keywords describing your invention concept.
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.
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.
Click on application number → View Full Document: Application details, abstract, drawings, complete specification, claims, publication gazette. Track status: Filed, Published, Granted, Abandoned, Withdrawn.
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.
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).
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.
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.
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.
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.
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 registration is optional (copyright exists automatically from creation) but recommended for legal evidence. Works: literary, musical, artistic, cinematographic, sound recordings, software/computer programs.
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.
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).
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.
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.
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.
IP Rights Comparison
What each intellectual property right protects, its duration, cost, and processing time.
| IP Right | What It Protects | Duration | Filing Fee (e-filing) | Processing Time |
|---|---|---|---|---|
| Trademark | Brand name, logo, tagline, sound | 10 years + renewable | ₹4,500 (Individual/MSME) ₹9,000 (Others) | 12–18 months |
| Patent | Inventions, processes, compositions | 20 years from filing | ₹1,600–₹8,000 (application) + ₹4,000–₹20,000 (exam) | 3–7 years |
| Copyright | Literary, artistic, musical, software | Lifetime + 60 years | ₹500 (Individual) ₹2,000 (Others) | 30–60 days |
| Design | Visual appearance of articles | 10 + 5 years | ₹1,000–₹4,000 per class | 3–6 months |
| GI Tag | Geographical origin of products | 10 years + renewable | ₹500 per application | 12–24 months |
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