Last reviewed: 25 September 2026. Trademark filings are light on documents and heavy on decisions — the papers are few, but each one (the mark file, the user date, the class choice, the concession certificate) shapes prosecution for years. Here is the complete list and the thinking behind each item.
The core set
| Document | Why it matters |
|---|---|
| Applicant details (individual/company/LLP with PAN) | Ownership sits here forever — file in the entity that should own the brand, not whoever is convenient |
| Mark representation (wordmark text or logo file) | Logo files should be clean, high-resolution; colour claims are strategy, not decoration |
| Goods/services description + class(es) | Classes define protection; wrong class = right mark protecting the wrong business |
| User affidavit + evidence (if claiming prior use) | Claiming a first-use date needs supporting evidence (invoices, ads, listings) — an unsupported date invites trouble |
| Power of attorney (TM-48) | Authorises the agent/attorney prosecuting the mark |
| MSME (Udyam) / DPIIT certificate | Unlocks the concessional official fee for eligible applicants |
Official filing fee (Form TM-A)
| Applicant | E-filing fee per class | Physical filing fee per class |
|---|---|---|
| Individual, DPIIT-recognised startup, small enterprise (Udyam) | ₹4,500 | ₹5,000 |
| All other applicants (including companies that are not startups or small enterprises) | ₹9,000 | ₹10,000 |
Figures are the official fees in the First Schedule to the Trade Marks Rules, 2017; they exclude professional charges. Confirm the current schedule on ipindia.gov.in before filing, and attach the startup or MSME certificate if you claim the lower rate.
Typical timeline and forms
| Stage | What happens | Form / reference |
|---|---|---|
| Filing | Application number issues; ™ can be used from here | TM-A (with TM-48 if filed through an agent) |
| Examination | Registry issues an examination report; a reply is due within the time the report states | Reply to examination report; hearing if needed |
| Advertisement | Accepted mark is published in the Trade Marks Journal | Trade Marks Journal |
| Opposition window | Four months from advertisement for any third party to oppose | TM-O (notice of opposition / counter-statement) |
| Registration | If unopposed, or once opposition is decided in your favour, the mark is registered; ® can be used from here | Registration certificate |
| Renewal | Every 10 years from the application date | TM-R |
How long each stage takes depends on the Registry's workload and on whether objections or oppositions arise, so treat the table as a sequence, not a schedule.
Decisions disguised as paperwork
- Word vs device: the wordmark usually protects more; the logo can follow as budget allows
- “Proposed to be used” vs prior use: claim prior use only with evidence you can stand behind
- Class spread: cover today’s business and the 24-month roadmap, not fantasies
- Owner entity: company-owned marks survive founder changes; personally-owned marks become negotiation chips
Filing defects that surface later
- Blurry logo files that limp through examination and embarrass in enforcement
- User dates claimed without a shred of evidence on file
- Descriptions copied from another applicant that do not match your goods
- Concession claimed without attaching the certificate
Frequently asked questions
Can I file without a logo, just the name?
Yes — a wordmark application protects the name across stylisations and is usually the stronger first filing.
What fee concession do startups/MSMEs get?
Recognised startups and Udyam-registered MSMEs pay reduced official fees on trademark applications — attach the certificate at filing to claim it.
One application for all my products?
One application can cover multiple classes (fees per class). Whether to spread now or later is a budget-vs-priority decision made in the class strategy.
Do I need invoices to file?
Only if claiming a prior-use date. Filing as “proposed to be used” is perfectly respectable when evidence is thin — honesty here prevents affidavit problems later.
Who should own the mark — me or my company?
Almost always the company that runs the business; personal ownership creates diligence flags and founder-exit complications. Assignments can cure history, but filing right is cheaper.
How long until registration?
Examination and publication timelines belong to the registry and vary; opposition windows add more. Early filing for priority is the controllable part.
Is ™ usable immediately?
™ signals a claim and is usable on filing; ® only after registration — using ® early is an offence, not a flex.
What happens if the examiner objects?
A reply with arguments/evidence — most objections (descriptiveness, similar marks) have established lines of reply when the mark was chosen well. See the companion guide on objections.
We are a foreign brand. Can we use the Madrid Protocol to protect our mark in India?
Yes. India is a Madrid Protocol member, so a foreign owner can designate India in an international application filed through its home office and WIPO. The Indian Registry then examines the designation under Indian law, and any objection is answered through an Indian trade mark agent or advocate. A direct national filing in Form TM-A is the alternative when the brand needs India-specific class descriptions.
We coordinate search, class strategy and filing with a registered trade mark attorney, and attach the MSME/DPIIT concession certificates.
IPR & Trademark AdvisoryDPIIT RecognitionRequest a Scope DiscussionThis article is a general educational summary as on 25 September 2026 and is not professional advice or an assurance of any approval, registration or outcome — departmental decisions rest with the authorities on each case’s facts. Requirements change; verify current rules or discuss your specific case before acting.