Pushya Mithra Advocate

How a Trademark Is Registered in India

What are the steps to register a trademark in India, and how long does it take?

Pushya Mithra updated 4 min

How a trademark application moves

Fig. 2
The five stages of trademark registration in India A left-to-right timeline with five stages: search of the public register, filing which issues an application number, examination which may raise objections under section 9 or section 11, advertisement in the Trade Marks Journal which opens a four month window for any person to oppose, and registration which runs ten years from the filing date and is renewable. Search Public register checked for conflicts File Application number issued, TM may be used Examination Objections under section 9 or 11 Advertisement Published in the Trade Marks Journal Registration Ten years from the filing date 4 months to oppose
The two dates that decide most outcomes are marked below the line. An examination report must be answered inside the prescribed period or the application is treated as abandoned, and once the mark is advertised any person may oppose it for four months. Trade Marks Act, 1999; Trade Marks Rules, 2017

The two stages that decide most applications

Examination is the first. The Registry raises objections, commonly under section 9 for marks that are descriptive or lack distinctiveness, or section 11 for marks similar to earlier ones. A reply must be filed within the prescribed period or the application is treated as abandoned, and a hearing may follow.

Opposition is the second. Once the objections are met the mark is advertised in the Trade Marks Journal, and any person may oppose it within four months. That opens a separate proceeding with its own pleadings and evidence.

Getting the class right

India applies the Nice Classification, which divides goods and services into 45 classes, and protection is granted class by class. A specification describing the business as it will operate, rather than only as it operates today, avoids the common outcome of holding a registration that does not cover the activity in dispute.

Where applications commonly fail

  • A descriptive mark that names the product rather than distinguishing it
  • Filing in a single class when the business already trades across several
  • Missing the deadline to reply to an examination report, causing abandonment
  • A claimed date of first use that cannot be evidenced when challenged

Principal references

  • Trade Marks Act, 1999
  • Trade Marks Rules, 2017
  • Nice Classification (11th edition)

This note sets out general information about the law as it stood on 8 June 2025. It is not legal advice, it does not take account of any particular set of facts, and reading it creates no advocate-client relationship. Law and procedure change; verify the position before relying on it.

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