Step 1 — Clearance search
Before filing, a search of the Trade Marks Registry (and, ideally, existing business names and domains) checks whether a confusingly similar mark already exists in the relevant class of goods or services. Skipping this step is the single most common reason an application later runs into a relative-grounds objection or opposition.
Step 2 — Filing
The application is filed with the mark, the applicant's details, and the correct class under the NICE Classification system — a mark is registered for specific goods or services, not as a blanket claim, so choosing the right class (and specification within it) matters more than it looks like it should.
Step 3 — Examination
The Registry examines the application on absolute grounds (is the mark itself distinctive, or too generic/descriptive to function as a trademark) and relative grounds (does it conflict with an existing mark). If there's an objection, an examination report is issued, and a response has to be filed — typically within 30 days — with arguments and, where relevant, evidence of the mark's use and reputation.
Step 4 — Publication and opposition
Once accepted, the mark is published in the Trade Marks Journal, opening a window — generally four months — for a third party to file an opposition. An unopposed mark moves toward registration; an opposed one becomes a contested proceeding with pleadings, evidence, and a hearing before the Registrar, which is where a straightforward filing can turn into a multi-year matter.
Step 5 — Registration
If the mark clears examination and any opposition, it's registered, and a registration certificate is issued. Registration is valid for ten years from the filing date and is renewable indefinitely in ten-year terms, provided the renewal is filed before it lapses.
What actually drives the cost
Government filing fees are relatively modest and vary mainly by applicant category (individual/startup/small enterprise fees are typically lower than for other companies) and the number of classes filed under. The larger cost driver is usually professional fees for the clearance search, drafting, and — if it comes to that — responding to an examination report or contesting an opposition, which is exactly the work that determines whether the mark actually gets registered at all.
Frequently asked
Can I use the ™ symbol before my trademark is registered?
Yes — ™ simply signals that a mark is being claimed and used as a trademark, and can be used from the moment an application is filed (or even before, based on use). The ® symbol is different: it can only be used once the mark is actually registered, and using it before registration is misleading and can itself create liability.
What is an examination report, and what should I do if I get one?
It's the Trade Marks Registry's formal objection, on either absolute grounds (the mark itself is too generic or descriptive) or relative grounds (it conflicts with an existing registered or pending mark). A response has to be filed within the statutory deadline — usually 30 days — with legal and factual arguments and evidence of use where relevant; missing the deadline can result in the application being treated as abandoned.
What happens if someone opposes my trademark application?
Once an accepted application is published in the Trade Marks Journal, anyone has a window (generally four months) to file an opposition. If one is filed, it becomes a contested proceeding before the Registrar — with pleadings, evidence, and a hearing — that can add a year or more to the registration timeline depending on how actively it's contested.
Do I need to register my trademark in every country I sell in?
Trademark rights are territorial — an Indian registration protects the mark in India only. For international protection, a business can file directly in each country or use the Madrid Protocol system to file a single international application designating multiple member countries, which India is also a member of.