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Mon, Aug 24 2026
Raju Karn
Setting up a new business does not simply imply thinking of a catchy brand name and designing a logo. Brand names can turn out to be highly valuable assets of businesses; hence the need to secure your brand name prior to entering the market. Otherwise, another business might end up using the same brand name and cause confusion among consumers.
Trademark registration in India is what you should do in such a case. Trademarks offer protection to distinct brands, logos, or symbols that identify particular goods or services. The number of trademark applications filed has increased in the country. As reported by the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM), there have been 552,190 trademark applications in 2024-25 as against 476,089 in 2023-24.
For the same year, there have been 382,834 trademarks registered. As a result, for a new company, securing its brand name via trademarking at an early stage could come in handy. The following article provides information on how to register a brand name in India.
Not all company names or trademarks are created equal. Being incorporated and registering a business will not necessarily offer comprehensive trademark protection for the brand being used to market its products/services. A trademark grants the owner exclusive rights to the mark in relation to the goods and services it is registered to. It could also turn into a lucrative intangible asset that could contribute to licensing, franchising, assignments, and further business growth.
In addition, getting the trademark registered before the launch could give yet another advantage, such as the opportunity for the business to discover potential clashes before investing in packaging, promotion, websites, etc. The importance of early protection becomes clear when one considers the costliness of brand changes for new businesses.
Businesses planning to register a brand name in India have to complete several steps before receiving trademark protection. The official process for filing through IP India has steps such as checking for availability, choosing the right class, getting the correct information ready, and filing Form TM-A online.
Before businesses register a brand name, the first step is to choose a name that will set the business apart from its competitors.
A good brand name must necessarily have the following qualities:
It is generally harder to register generic or highly descriptive names. Thus, businesses need to check their trademark status before settling on the name.
Another thing is to find out if the chosen name is already taken as a domain name and social media handles. While these actions do not substitute trademark search, they help in building a unified brand image.
Before businesses register a brand name, a trademark search in India should be performed before applying for a trademark. This process aims at discovering any other identical or similar marks that may pose an objection. Trademark Search must not be restricted only to finding an identical spelling. One should look into other names which sound alike, alternative spellings, and any marks which are dealing with similar goods or services.
Filing advice by IP India suggests performing a search of existing trademarks, analyzing similarity and conflicts, and making a decision on what kind of mark you would like to have. Conducting such a search helps a company to make a decision whether to go ahead with its name, change it, or choose another one.
Trademark protection is associated with specific products/services. This is why the selection of the appropriate class is an important step in the application process. The Nice Classification scheme involves 45 classes. The classes from 1 to 34 usually involve goods, and the classes from 35 to 45 involve services.
For instance, the company that offers advertising and business management services should pay attention to Class 35, whereas the software and technology services might require Class 42. However, the official trademark registration process requires that applicants specify the accurate Nice class or classes for the product or service and determine whether to register in one or more classes.
Choosing the right class is supposed to be based on the goods or services provided by the company in question. Registering in the wrong class can restrict the level of protection received from the brand name registration.
A business operating across different categories may need protection in more than one class. A multi-class application can cover multiple classes, but the applicable government fee is charged for each class and each mark. This makes class selection an important commercial and legal decision.
The next step is to prepare the documents required for trademark registration and other application information.
Depending on the applicant and circumstances, the application may require:
The official IP India process lists applicant details, trademark representation, goods/services descriptions, a user affidavit where applicable, and Power of Attorney where applicable among the information and documents used during filing.
If the brand has not yet been launched, the application can generally be considered on a proposed-to-be-used basis rather than incorrectly claiming prior use.
A new trademark application is filed using Form TM-A. The application can be submitted through IP India's e-filing system. The process involves entering applicant details, uploading the relevant information and documents, selecting the appropriate class or classes, and paying the prescribed government fee.
Applicants can file a word mark, logo mark, or other eligible type of trademark depending on what needs protection. For a new business, protecting the brand name as a word mark can be particularly useful because it may protect the name regardless of a particular logo style, subject to the scope of brand registration in India and applicable law.
The Trademark Registration Cost in India depends partly on the applicant category and number of classes. According to the current official IP India fee schedule, the electronic filing fee for Form TM-A is:
Individual / Startup /
Small Enterprise
The official fee schedule states that the fee applies for each class and each mark. The professional fees are distinct. In case a trademark attorney or agent does any search or prepares an application, there is the likelihood that the professional fees will escalate the overall cost.
The business also needs to take into account future costs in the event of renewal or other applications.
However, simply submitting the application does not automatically imply that the trademark has been registered. The submitted application will undergo the examination process. One can check online what is happening with the application and whether the Registry has any objections.
In case there is an objection in the examination process, it may be necessary to provide an explanation and even appear at a hearing if it has been arranged. The official procedure for filing the application provides a stage for that. A timely and well-supported response can be important for moving the application forward.
If the application proceeds after examination, it may be published in the Trade Marks Journal. Publication allows third parties to oppose the proposed registration. Under the official IP India process, third parties may oppose the application within four months of publication.
If no successful opposition prevents registration, the application can proceed towards registration. This is another reason why conducting a proper search before filing is useful. It can help identify potential conflicts at an early stage instead of discovering them after substantial investment in the brand.
Once the application completes the required stages, the trademark is registered. Registration is not the end of brand protection. Businesses should continue monitoring the market for potentially conflicting marks and use the trademark consistently. Trademark registrations also need to be renewed according to the applicable rules. The official fee schedule provides for renewal applications for each class.
A common mistake among new entrepreneurs is assuming that registering a company name provides the same protection as registering a trademark. These are different legal processes.
Company incorporation is handled through the Ministry of Corporate Affairs, while trademarks are administered through the Trade Marks Registry under IP India. SPICe+ system provided by MCA is useful for incorporating companies and other related services.
For instance, it is possible for a company to get incorporated with one name and use another brand name for their products or services. Therefore, entrepreneurs should consider company incorporation and trademark protection as separate parts of the business setup process.
Avoiding common mistakes when registering a brand name can help businesses prevent legal issues, delays, and unnecessary costs before launch.
A name that looks unique may already have a similar registered or pending mark. Skipping the search can create avoidable problems.
Trademark rights are connected to the goods or services covered by the application. Choosing classes without considering the actual business model can limit protection.
If an application claims that the mark has already been used, the claim should be accurate and supported by appropriate evidence.
A logo and a brand name can have different protection considerations. Businesses should decide what elements of the brand need protection before filing.
An examination objection requires attention. Missing the applicable response or hearing requirements can negatively affect the application.
A brand name may very well become one of the most important assets of a newly established business firm, making it important to register a brand name before launching operations. Registering it prior to starting the operations can help minimize potential controversies. The entire procedure requires the selection of a unique name, a trademark search in India, selecting suitable trademark classes in India, and then filing the documents in Form TM-A.
The growing trend of trademark filing in India reveals the significance attached to the protection of commercial identity. In 2024-25, as many as 552,190 trademark filings were made in India.
However, brand protection should form part of a wider compliance strategy. PSR Compliance can help businesses understand relevant compliance requirements and strengthen their approach to regulatory risk.
Get in touch with PSR Compliance for professional compliance support while building and protecting a business for long-term growth.
Before launching your business, make sure your brand name is legally protected. PSR Compliance can help you with trademark search, application filing, documentation, and the complete Trademark Registration process in India.
Protect your brand before someone else registers it.
📞 Call us: (+91) 8796104190📧 Write to us: support@psrcompliance.com
Yes. A trademark application can be filed on a proposed-to-be-used basis. This can allow a business to seek protection before commercial launch, provided the application meets the applicable requirements.
There is no single fixed timeline for every application. The duration can vary depending on examination, objections, hearings, publication, and opposition. A straightforward application can progress differently from one that faces objections or opposition.
For e-filing Form TM-A, the official fee is ₹4,500 per mark per class for individuals, startups, and small enterprises and ₹9,000 per mark per class for other applicants. Professional fees, where applicable, are additional.
A separate preliminary search is not the same as the filing requirement, but it is strongly advisable. IP India's own filing guidance begins with checking trademark availability and assessing similarity and conflicts.
India follows the Nice Classification, which comprises 45 classes for both goods and services. It is essential to select the right classes based on the type of business and goods and services that need to be registered.
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