Trademark registration
by a qualified attorney.

Trademark search across all relevant classes, correct Nice classification, application drafting, examination response, and opposition handling if required. The ™ symbol becomes usable the day we file; the ® follows 12–18 months later. We do not disappear in between.

Filing turnaround

Within 7 days

Who signs off

Qualified TM attorney

Full registration cycle

12–18 months

Start a trademark search

What is a trademark and why does it matter?

A trademark is a sign that distinguishes the goods or services of one business from those of another — a brand name, a logo, a tagline, a sound, a colour combination. Registration under the Trade Marks Act, 1999 gives you exclusive rights to use the mark in the classes you have registered for, legal grounds to sue infringers, statutory damages in infringement suits, and the right to use the ® symbol. Protection is granted for 10 years and is renewable indefinitely.

Unregistered marks have limited protection under common-law "passing off" doctrine, but enforcing them requires proving reputation, use, and consumer confusion — slow, expensive, and uncertain. For any business whose brand has commercial value, trademark registration is one of the cheapest and highest-leverage forms of legal protection you can secure in year one. The right time to register a trademark is before you launch, not after you have a dispute.

Who should register a trademark?

If any of the following apply, you should have your trademark filed:

You have a business name, product name, or brand you intend to use for the next 2+ years. Filing early is cheaper than filing after a conflict emerges.
You are investing in marketing, packaging, website, or domain. All of this builds brand equity. A competitor registering your mark first means you may have to rename everything.
You sell on e-commerce platforms. Amazon, Flipkart and Meesho require registered trademarks to join brand protection programmes and remove counterfeits.
You are raising investment. VCs ask about IP protection in due diligence. Unregistered marks are a flag.
Your business name contains words that competitors could claim. Common words, generic terms, or descriptive marks need extra care — the scoping call includes a distinctiveness assessment.

What is included

Trademark availability search across all relevant classes
Nice Classification class selection advice
Power of Attorney (TM-48) drafting and execution
Application drafting and TM-A filing through IP India
Official filing receipt and ™ usage rights from day one
Response to Examination Report (if objection raised under Section 9 or Section 11)
Attendance at show-cause hearing if required
Opposition handling (counter-statement, evidence, hearing) if third party opposes
Registration Certificate delivery (digital + hard copy)
Renewal reminder 6 months before the 10-year expiry

Documents you need to prepare

Applicant details — full name, address, and nationality (individual, Pvt Ltd, LLP, partnership, trust)
For companies: Certificate of Incorporation and PAN
For individuals: PAN and Aadhaar
Clear image of the logo (if applying for a device mark) in JPG or PDF
Brief description of goods or services for which the mark is used or intended
Date of first use (if the mark is already in commercial use) with supporting evidence
MSME / Udyam certificate (if applicable — reduces government fee by 50%)
Power of Attorney (Form TM-48) authorising the attorney to file on your behalf

If your business is MSME-registered (Udyam), the government fee drops by 50% — ₹4,500 per class instead of ₹9,000. We help you obtain Udyam registration first if the savings make sense for your filing scope.

How the process actually runs

Trademark availability search

We search the IP India Trademark Registry across all relevant classes to check for identical, similar, phonetically similar, or deceptively similar existing marks. We also check active oppositions and recently abandoned marks that could be refiled against yours. Realistic turnaround: 2–3 working days.

Class selection

The Nice Classification (NCL) divides goods and services into 45 classes. We identify the correct primary class, flag whether multi-class filing makes sense for your business, and advise on offensive filing (classes you may expand into later).

Application drafting and filing (TM-A)

We draft the application — specification of goods, user affidavit if claiming prior use, logo representation, applicant details — and file through the IP India portal. You receive the official filing receipt and the ™ symbol becomes usable the same day.

Formality check and examination

The Registry conducts a formality check (3–4 weeks) and then substantive examination (6–12 months). The examiner may raise objections under Section 9 (absolute grounds — descriptive, generic, deceptive) or Section 11 (relative grounds — similar to existing marks). We prepare and file the examination response.

Publication in the Trademark Journal

If the examination is cleared, your mark is published in the Trademark Journal for a 4-month opposition window. Third parties can file oppositions during this window. If opposition is filed, we handle the counter-statement, evidence, and hearing.

Registration certificate

If no opposition is filed, or opposition is resolved in your favour, the Registry issues the Registration Certificate. Your mark is now valid for 10 years, renewable indefinitely. The ® symbol becomes usable.

Common mistakes applicants make

⚠ Filing without a proper availability search

DIY filings often skip the trademark search or run only an identical-name check. The Registry rejects marks that are similar, phonetically similar, or deceptively similar to existing marks — not just identical ones. A proper search includes all those checks across all relevant classes, including recently abandoned marks that could be refiled. Skipping this step is the single biggest cause of refusal and wasted government fees.

⚠ Filing in the wrong class or too few classes

The Nice Classification has 45 classes. A software product and SaaS service are different classes (Class 9 vs Class 42). A clothing brand is Class 25, but the online store that sells it may need Class 35. Filing in the wrong class gives you protection against nobody; filing in too few leaves your brand exposed in adjacent categories where competitors or counterfeiters operate.

⚠ Filing a descriptive or generic mark

Marks that merely describe the goods or services ("Fresh Milk Dairy", "Fast Delivery Services") are refused under Section 9 as inherently non-distinctive. The mark either needs to be inherently distinctive (coined, arbitrary, suggestive) or you need extensive evidence of acquired distinctiveness. The scoping call includes a distinctiveness assessment before you spend government fees.

⚠ Treating the ™ symbol as a registered mark

The ™ symbol can be used from the day of filing — it signals a claim. The ® symbol can only be used once the Registration Certificate is issued, which is 12–18 months later. Using ® on an unregistered mark is itself an offence under the Trademarks Act.

⚠ Ignoring the opposition window

The 4-month publication window is when competitors scan the Trademark Journal for marks similar to theirs and file oppositions. Having no response strategy ready means a hostile opposition can derail your registration for 2–3 years. We monitor the Journal around your publication date and flag any watch-worthy filings.

Frequently asked questions

Why should I register a trademark at all?

A registered trademark gives you exclusive right to use the mark in the classes registered, legal grounds to sue infringers, and the right to use the ® symbol. Unregistered common-law rights do exist in India under passing-off doctrine, but enforcing them requires proving reputation and use — slow and expensive compared to a registered mark. For any business whose name or logo has commercial value, trademark registration is one of the cheapest forms of brand insurance.

What can be trademarked?

Business names, product names, logos, taglines, slogans, sounds (jingles), colours (in limited circumstances), shapes, and even smells (in theory). Most Indian trademark filings are for wordmarks (names), device marks (logos), or combined marks (name + logo together). You can also file sound marks and shape marks.

How much are the government fees?

The reduced government fee of ₹4,500 per class per application (e-filing) applies to (a) individuals and sole proprietors, (b) DPIIT-recognised startups holding a valid recognition certificate from Startup India, and (c) MSMEs with a current Udyam certificate. For all other entities — regular Pvt Ltd, LLP, partnership firm, trust — the fee is ₹9,000 per class per application. Physical filing is ₹5,000 (reduced) or ₹10,000 (standard). Multi-class applications multiply by the number of classes. We send a transparent breakdown of government fees separate from our professional fees.

How long does the full process take?

From filing to Registration Certificate, realistically 12–18 months if no objection or opposition arises. Objection responses add 2–6 months. Oppositions can add 1–3 years. The ™ symbol is usable from day one of filing; the ® symbol only after registration. Trademark protection and enforcement rights begin from the date of filing, not the date of registration, so filing early is always the right move.

Can I trademark a name that is already being used by someone else?

Not in the same class if the other mark is registered or has pending registration. Common-law use (someone using the name but not registered) can also be grounds for refusal if they can prove prior use. The trademark search identifies these conflicts before you file.

What is the difference between a wordmark and a device mark?

A wordmark protects the name itself in any font or presentation ("COSMOURA" in any typeface). A device mark protects a specific visual representation — logo, stylisation, colour combination. Wordmarks are broader but harder to register for common words. Device marks are easier to register but only protect that specific visual. Most strong brands register both separately for layered protection.

What happens after 10 years?

Trademark registration is valid for 10 years from the date of filing. Renewal is possible indefinitely in 10-year cycles. Renewal must be filed within 6 months before expiry, or within a 1-year grace period after expiry at a higher fee. We send renewal reminders 6 months in advance.

Do I need to register separately for each country?

Yes. Indian trademark registration gives you rights only in India. For international protection, you can either file in each country individually or use the Madrid Protocol — a single international application designating multiple member countries. The Madrid route is efficient if you want protection in 3+ countries. We handle both.

Why work with Cosmoura on this

A trademark filing takes an hour. A trademark registration takes 12–18 months and crosses examination, publication, and (sometimes) opposition. Most online filing portals disappear after the filing receipt is issued — leaving you to figure out examination reports and opposition responses yourself, under 30-day statutory deadlines, with your brand on the line.

We stay with the file for the entire cycle. Our trademark attorney handles the examination response, the hearing if required, the opposition if filed, and the renewal reminder 10 years later. Same person, same email thread, same understanding of what your mark is and why it matters. That continuity is the single biggest difference between a trademark filed and a trademark registered.

Ready to secure your brand?

Send us your brand name, logo (if any), and a short description of what you do. We will run a trademark availability search and reply within 2–3 working days with findings and a scoped plan.