By S&S Co. Advocates & Solicitors · Published 20 September 2026 · Informational content, not legal advice — see our disclaimer
The Five-Stage Process
Trademark applications are filed electronically in Form TM-A under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, and proceed through five stages: clearance search, filing, examination by the Trade Marks Registry, publication in the Trade Marks Journal, and registration. A clearance search on the IP India public search tool before filing is a practical, low-cost risk-reduction step to avoid later conflict with an identical or deceptively similar existing mark.
Classes and Fees
India follows the NICE Classification with 45 classes — classes 1-34 for goods and 35-45 for services — and an applicant must file, and pay fees, separately for each class in which protection is sought. The government filing fee is currently Rs. 4,500 per class for individuals, startups and MSMEs filing electronically, and Rs. 9,000 per class for companies and other entities — figures that should be re-confirmed against the current Trade Marks Rules fee schedule at the time of filing, since fees are revised periodically.
How Long It Takes
Uncontested applications currently take roughly 12-18 months from filing to registration in ordinary practice, but if a third party opposes the mark after Journal publication, opposition proceedings can extend the timeline by several years. Applicants should treat the 12-18 month figure as indicative rather than guaranteed, and should plan brand launch timelines with the possibility of opposition-driven delay in mind.
Registration Term and Renewal
A registered trademark is valid for 10 years from the date of registration and can be renewed indefinitely in further 10-year terms, provided renewal is filed before expiry — a grace period for late renewal is available, subject to a surcharge. Brand owners with a growing trademark portfolio should track renewal dates carefully, since a lapsed mark can potentially be picked up by a third party.
Frequently Asked Questions
How many classes do I need to file in?
India follows the 45-class NICE Classification, and you must file — and pay fees — separately for each class covering the goods or services your mark will actually be used for.
How long does trademark registration take?
Uncontested applications currently take roughly 12-18 months from filing to registration in ordinary practice, but opposition proceedings after Journal publication can extend the timeline by several years if a third party challenges the mark.
How long does a registered trademark last?
10 years from the date of registration, renewable indefinitely in further 10-year terms provided renewal is filed before expiry, with a grace period available for late renewal subject to a surcharge.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- Trade Marks Act, 1999 and Trade Marks Rules, 2017, as amended, including the current fee schedule.