Your brand is an asset. Register it like one.
Class selection, a proper search before you commit, documentation prepared correctly, and filing made by our associate trademark agent. Then the part most people forget — tracking the application through examination, publication and the four-month opposition window.
Overall duration depends on Registry backlog and whether an objection or opposition arises. Verified against the Trade Marks Act 1999 and Trade Marks Rules 2017 as on 03 Aug 2026.
We prepare. Our associate agent files.
Worth stating plainly, because a lot of sites are vague about it. Filing before the Trade Marks Registry is done by the applicant, a registered trademark agent, or an advocate — so that step sits with our associate, not with us.
Everything around the filing
- Availability search across the Registry database and existing marks
- Class selection under the NICE classification, including multi-class decisions
- Documentation — applicant details, mark representation, user affidavit, power of attorney
- Coordination with our associate trademark agent and company secretary
- Status tracking through examination, publication and opposition
- Renewal calendar so the mark doesn't lapse
Filing and representation
- Filing the application before the Trade Marks Registry
- Replying to the examination report
- Attending show cause hearings
- Opposition proceedings, where they arise
- Any step requiring a registered agent or advocate
You deal with one team; the statutory steps are performed by the person qualified to perform them.
TaxKitab is an accounting and compliance firm. We are not trademark attorneys, and we do not represent applicants before the Registry ourselves.
What actually happens after you file.
Most of the anxiety around trademarks comes from not knowing what stage means what. Here is the whole path.
| Stage | What happens | Timing |
|---|---|---|
| Search | Registry database checked for identical and deceptively similar marks in the relevant classes | Before filing |
| Filing | Application filed; acknowledgement with application number issued. The ™ symbol can be used from this point | Day one |
| Examination | Examined on absolute grounds under Section 9 and relative grounds under Section 11; an examination report is issued | Typically 1–3 months |
| Reply to objection | Where an objection is raised, a written reply must be filed. A show cause hearing may follow | Within one month of the report |
| Publication | Accepted applications are advertised in the Trade Marks Journal under Section 20 | Usually 1–2 months after acceptance |
| Opposition window | Any person may oppose under Section 21(1) within four months of advertisement | 4 months, fixed |
| Registration | Where unopposed, or opposition decided in the applicant's favour, the certificate issues under Section 23. The ® symbol can then be used | After the window closes |
| Renewal | Valid for ten years from the date of application, renewable indefinitely for further ten-year terms in Form TM-R | Every 10 years |
A straightforward application with no objection and no opposition commonly takes several months to over a year, driven largely by Registry backlog. An objection or an opposition adds materially to that. Verified against the Trade Marks Act 1999 and Rules 2017 as on 03 Aug 2026.
Six reasons a mark doesn't make it.
The mark describes the product
A name that simply describes what you sell, or is generic in your trade, struggles on absolute grounds. Distinctiveness is the whole point of a trademark.
Too close to something already there
Deceptive similarity to an existing registered or pending mark — which is exactly what a proper search before filing is for.
Filed in the wrong class
Protection is class-specific. A mark registered for the wrong goods or services protects something you don't actually sell.
Objection reply missed
Fail to reply to the examination report within the prescribed period and the Registrar may treat the application as abandoned.
Someone objects during the window
Four months during which any person can oppose. Evidence, counterstatements and hearings follow — this is where a registered agent matters most.
The mark lapses quietly
Ten years passes, nobody diarised it, and the mark comes off the Register. Restoration may be possible within a window, but it's avoidable entirely.
First to file, with a nod to first to use.
India broadly follows a first-to-file approach, while also recognising prior user rights — which means the business that registers first usually has the stronger position, but a genuine earlier user is not automatically defenceless. In practice that combination rewards moving early and being able to prove use. Registration gives you an enforceable statutory right, the ability to license or assign the mark as property, and a clean answer when a marketplace, investor or franchisee asks who owns the brand. It also stops the awkward scenario where you rebrand three years in because someone else registered your name.
Documents to keep ready.
Who owns the mark
- PAN and identity proof of the applicant
- Address proof
- Incorporation certificate, where the applicant is a company or LLP
- Udyam registration, where you want to be treated as a small enterprise or startup for fee purposes
- Signed power of attorney in favour of the agent
What you're registering
- Clear representation of the wordmark or logo
- Description of the goods or services it will cover
- Date of first use, where the mark is already in use
- Evidence of use — invoices, packaging, advertising — where prior use is claimed
- User affidavit where applicable
Four steps.
Search & class
We check the Registry for conflicts and settle which classes you actually need — before you spend anything on filing.
Documentation
Applicant details, mark representation, use evidence and power of attorney prepared and checked.
Filing
Filed by our associate trademark agent, with the acknowledgement and application number shared with you the same day.
Tracking
Status monitored through examination, publication and the opposition window, with the renewal date diarised on registration.
What founders ask.
Can TaxKitab file my trademark directly?
Filing before the Trade Marks Registry is done by the applicant, a registered trademark agent or an advocate. We prepare everything around it and our associate trademark agent makes the filing. You deal with one team, and each statutory step is performed by the person qualified to perform it.
How long does registration take?
Where there is no objection and no opposition, several months to over a year is common, driven mostly by Registry backlog. An examination objection or an opposition can extend it considerably. Anyone quoting you a fixed date is guessing.
When can I use ™ and ®?
™ from the date of filing — it signals a claim, not a registration. ® only once the registration certificate has issued. Using ® before registration is not something to risk.
What is the opposition period?
Once your mark is advertised in the Trade Marks Journal, any person may oppose it within four months. If nobody does, the application proceeds to registration.
How many classes do I need?
Protection is class-specific under the NICE classification, so it depends on what you actually sell and plan to sell. Filing in more classes than you need costs money; filing in too few leaves gaps. We work this out before filing rather than after.
Does registration last forever?
A registration is valid for ten years from the date of application and can be renewed indefinitely in ten-year terms. Miss the renewal and the mark can be removed from the Register, so it goes on the calendar the day the certificate issues.
Around setting up a brand.
Starting a Business in India
The registrations and decisions that come before your first invoice.
Partnership vs LLP vs Private Limited
Who owns the brand depends partly on who owns the business.
DIR-3 KYC and AGM Deadlines
The other annual dates that quietly lapse if nobody diarises them.
Setting up the entity that will own the mark? See company registration. Ongoing corporate filings sit on ROC compliance.
Tell us the brand name.
Send us the name or logo and what you sell. We'll run a search and tell you honestly whether it's worth filing. Prefer to talk now? WhatsApp or call us directly.
Check before you commit.
Send us the name or logo and what you sell. We'll search the Registry, tell you which classes you actually need, and say plainly if the mark looks like a fight worth avoiding.