Trademark Registration in India — Class, Examination, Opposition and Renewal (Complete Guide)

Indian trademark applications follow the NICE Classification (12th edition, 2025) — 45 classes covering goods (classes 1-34) and services (classes 35-45). The class determines the scope of protection.

Key classes for common Indian businesses:

• Class 9 — electronic apparatus, software (mobile apps live here).
• Class 25 — clothing, footwear, headgear (apparel brands).
• Class 29-30 — food products (FMCG).
• Class 35 — advertising, business management, retail services (e-commerce, marketplaces).
• Class 36 — financial services, insurance.
• Class 41 — education, entertainment services (edtech, media, training).
• Class 42 — scientific and technological services (SaaS, IT services).
• Class 43 — restaurants, hotels.
• Class 44 — medical and beauty services.

Multi-class strategy: Filing across all relevant classes from the outset is more cost-effective than filing additional applications later (each class adds about ₹4,500 for individuals/startups and ₹9,000 for others). A startup launching a SaaS product accessible via web + mobile app + offering training should file in classes 9, 41, 42 from day one. A new restaurant brand should file in classes 29, 30, 35, 43.

Specification of goods/services — within each class, the application specifies the precise goods/services. Use broad specifications (e.g. 'computer software for business management' in Class 9) rather than narrow ('CRM software for hotels') unless there is a strategic reason to be narrow. Broad specifications maximize protection but increase opposition risk; narrow specifications speed examination but limit enforcement scope.

Filing happens online at ipindia.gov.in through the Trade Marks Electronic Application portal.

Form TM-A is the application form. Required fields:

1. Applicant details — name (individual / company / partnership / LLP), nationality, business type, address, email, mobile.
2. Mark representation — clean image of the mark (logo applications) OR plain text (word marks). For composite marks (word + logo), include both. Specific file requirements: JPEG/PNG, 300dpi, dimensions 9 cm × 5 cm.
3. Translation/transliteration — for marks in non-Latin scripts (Hindi/Devanagari/Tamil/etc.), provide English transliteration + meaning.
4. Class(es) of goods/services.
5. Specification — list of goods/services covered.
6. User date — date from which the mark has been used, OR 'proposed to be used' for applications based on intent-to-use. User-date claims must be backed by documentary evidence (invoices, advertisements, etc.) if challenged in opposition.
7. Priority claim — if claiming priority from a foreign application (Section 154), include the foreign application number and date (must be within 6 months).
8. Government fee:

• Individual / startup / small enterprise: ₹4,500 per class (e-filing).
• Others: ₹9,000 per class (e-filing).
• Power of attorney for advocate filing: TM-48 form, ₹100.

Documents to upload:

• Mark image.
• Power of attorney (TM-48) if filed through advocate.
• User affidavit + supporting documents if claiming pre-application use.
• For applicants other than natural persons — incorporation certificate.
• Priority document if priority claimed.

Submission and acknowledgement — receipt of application number (format: ____xxxx) is immediate. This number is used for all future correspondence.

After filing, the application is examined by the Trade Marks Registry. Examination report is issued typically 6-12 months after filing (delayed in some registries).

Absolute grounds for refusal (Section 9):

• 9(1)(a) — mark devoid of distinctive character. Generic words ('Cool' for ice-cream), descriptive marks ('Tasty' for food).
• 9(1)(b) — mark indicating quality, quantity, kind ('Premium', 'Light').
• 9(1)(c) — mark which has become customary in current trade ('App' for software application).
• 9(2) — marks that are contrary to public morality, scandalous, deceive the public.
• 9(2)(d) — marks comprising name of the State Emblem of India / national symbols (with limited exceptions).

Relative grounds for refusal (Section 11):

• 11(1) — mark is identical or similar to an earlier trademark in respect of identical or similar goods, causing likelihood of confusion.
• 11(2) — well-known mark provision — even for dissimilar goods, registration of identical/similar to a well-known mark is refused if it would dilute the well-known mark.
• Section 11 conflicts are the most common reason for refusal. The Registry's search identifies these and issues an examination report listing the conflicts.

Responding to examination report:

• 30-day deadline (extendable on request).
• Reply addresses each objection point-by-point.
• For Section 9 objections — provide acquired distinctiveness evidence (use for years, advertisements, sales data, surveys).
• For Section 11 objections — distinguish the cited marks (different industry sector, different consumer base, etc.) OR file written consent from the proprietor of the cited mark (if available) OR show that the cited mark is not in use.

If the Registry is not satisfied, a hearing is scheduled (typically 4-6 months after the reply). Counsel argues; orders are issued.

Once accepted by the Registry, the mark is published in the Trade Marks Journal (weekly). The publication opens a 4-month opposition window.

Section 21 procedure:

1. Notice of Opposition — filed in Form TM-O within 4 months of publication (extendable by 1 month on request). Fee: ₹2,700 for individuals/startups, ₹5,400 for others.
2. Opposition grounds — same as Sections 9 and 11 examination grounds, plus Section 12 (prior use), Section 13 (passing off), Section 14 (use of name of third party).
3. Counter-statement — applicant files counter-statement in Form TM-O within 2 months of receipt of opposition.
4. Evidence by opponent — within 2 months of counter-statement. Affidavits + supporting documents.
5. Evidence by applicant — within 2 months of opponent's evidence.
6. Evidence in reply by opponent — within 1 month.
7. Hearing — both parties argued before the Registrar.
8. Order — opposition allowed (mark refused) or dismissed (mark proceeds to registration).

Appeals:

• From Registrar's order — to the IP Division of the High Court (post-2021 abolition of IPAB).
• Within 3 months of the order.

Settling oppositions — many oppositions settle before final order, typically with the applicant agreeing to restrict the specification or excluding certain markets. Settlement agreements should be recorded with the Registry to avoid future disputes.

After successful opposition (or no opposition), the mark proceeds to registration. The Registration Certificate is issued — typically within 30-60 days of the order.

Term and renewal:

• Registration is for 10 years from the date of application (not the date of registration).
• Renewable indefinitely in 10-year blocks (Section 25).
• Renewal fee: ₹4,500 / ₹9,000 per class.
• Late renewal: 6 months grace period with additional fee; after that, restoration is required.
• Non-use for 5 years and 3 months can lead to removal under Section 47.

Assignment / Transmission:

• Trademarks can be assigned with or without goodwill (Section 39).
• Form TM-P with applicable fee; the assignment is recorded in the register.
• Assignment of registered TM should be by written instrument; assignment of unregistered TM only with goodwill (Section 39(1)).

Licensing:

• Registered TM can be licensed; the licensee can be recorded as 'Registered User' (Form TM-U).
• Non-registered licences are valid between parties but cannot be enforced against third parties.

Well-known marks (Section 11(6)-(9)) — marks recognised by the Registrar as 'well-known' get expanded protection across all classes (not just the registered class). Application is via Form TM-M with detailed evidence of (a) extent of use, (b) duration of use, (c) geographical reach, (d) successful enforcement history, (e) advertising and promotional spend. Examples of well-known marks declared in India: Tata, Bisleri, Coca-Cola, Microsoft, Nestle.

Common enforcement actions:

• Civil suit for infringement under Section 29.
• Passing-off action under common law (separate cause of action; available even for unregistered marks).
• Criminal action under Sections 102-105 for offences relating to counterfeit goods.
• Customs recordation under the Intellectual Property Rights (Imported Goods) Enforcement Rules 2007 — Customs can seize counterfeit imports.