Trademark & IP Registration Services in India
Your brand name, logo, software, and original content are assets that can be copied, exploited, and infringed unless they are legally protected. Trademark registration in India gives you an exclusive right to use your brand name or logo in the registered class of goods and services, and the right to take legal action against those who use a confusingly similar mark in commerce. Copyright protection attaches automatically to original works in India, but registration provides evidentiary value that simplifies enforcement when infringement occurs. Y&A Legal advises startups, businesses, and individuals on trademark search, filing, registration, and enforcement and on copyright registration and IP portfolio management for companies whose intellectual property is a core business asset. We advise clients to protect their IP as early as possible and provide practical guidance on the right protection strategy for their specific business.
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Trademarks Filed
Across all 45 Nice classes
Brand Protection
Search, filing & enforcement
Pan-India
Trade Marks Registry filings
How We Help
Trademark Search & Filing in India
Before investing in brand-building, you need to know whether your proposed mark is available. A trademark search covers the Trade Marks Registry database for identical and confusingly similar marks in the same and related Nice Classification classes, plus a broader search of company names and domain names. We conduct the search, advise on any conflict risk, and if the mark is available, file the application with the Trade Marks Registry. A trademark application costs Rs. 4,500 per class for small entities and DPIIT-recognised startups filing electronically, and provides ™ rights from the date of filing while registration is pending.
Trademark Objection & Opposition
Not all trademark applications proceed to registration without challenge. The Registrar may issue an Examination Report objecting to the application, most commonly on grounds of similarity with an existing registered mark or descriptiveness of the proposed mark. Third parties can oppose a published mark within four months of Trade Marks Journal publication. We respond to Examination Report objections and defend oppositions before the Trade Marks Registry, preparing the evidence required to establish prior use, distinctiveness acquired through use, or the absence of a likelihood of confusion.
Copyright Registration
Copyright in original literary, artistic, musical, and cinematographic works, including software, attaches automatically in India at the time of creation without any registration requirement. However, a copyright registration certificate from the Copyright Office is strong evidence of ownership and the date of creation, which significantly simplifies enforcement when infringement occurs. We handle copyright registrations for software code, artistic works, marketing content, published literary works, and website content.
IP Portfolio Management & Licensing
A growing company’s IP portfolio, trademarks across multiple classes and jurisdictions, copyright in its software and content, domain names, and any design registrations, needs active management. We advise on building an IP protection strategy that is proportionate to the company’s geographic footprint and business risk, draft IP licensing agreements that allow you to monetise your IP without losing control of it, and advise on IP assignment and warranties in the context of M&A transactions and fundraising rounds.
Why Businesses Choose Y&A Legal for Trademark Registration in India
Trademark squatting is a real risk in India, bad actors monitor new MCA company registrations and file trademark applications for the same name before the business owner does. The cost of obtaining registration early is a fraction of the cost of opposing a squatter’s later application, or rebranding entirely. We advise clients to file trademark applications as soon as they have decided on a brand name, ideally at or before incorporation, not after they have spent two years building the brand.
The Trade Marks Registry in India has a significant backlog, and the time from application to registration currently ranges from 18 to 36 months. From the date of filing, however, the applicant has ™ rights and can claim priority against later conflicting applications. We advise clients on using the filing date strategically, a filed application provides meaningful protection even before registration is complete, and is a strong deterrent to later squatters.
Many businesses do not consider trademark protection until someone else uses their brand name, a competing application appears in the Journal, or they cannot register their social media handles because someone else has already filed. We provide IP advisory from the inception of a brand, advising on name availability, building a protection strategy across the classes that matter to your business, and managing the portfolio as the brand grows.
Frequently Asked Questions
How long does trademark registration take in India?
After filing, the Trade Marks Registry issues an Examination Report within 3–6 months. If no objections are raised, or after objections are resolved, the mark is published in the Trade Marks Journal for opposition. If no third-party opposition is filed within four months of publication, the mark proceeds to registration. The total timeline from filing to registration is typically 18–36 months for an uncontested application. From the filing date, the applicant can use the ™ symbol and enforce against later conflicting uses.
Is my brand name automatically protected if I incorporate a company with that name?
No. Company registration with the MCA and trademark registration are entirely separate processes. Incorporating a company named “XYZ Pvt Ltd” gives you the right to use that corporate name for company law purposes, but does not give you trademark rights over “XYZ” in commerce. Another business could file a trademark for “XYZ” in your industry and prevent you from using your own brand name on products or in advertising. Trademark registration is required for brand protection.
What is the Nice Classification and how many classes should I register in?
The Nice Classification is an international system that categorises goods and services into 45 classes for trademark purposes. You must file a separate application and pay a separate fee for each class in which you want protection. For most startups, the relevant classes are those corresponding to their core product or service, typically 2–4 classes. Filing in too few classes leaves gaps that competitors can exploit; filing in too many is unnecessary expense. We advise on the appropriate classes based on your current and planned business activities.
What is a trademark objection and how is it typically resolved?
An Examination Report objection is the Registrar’s preliminary refusal to accept the application, most commonly because the proposed mark is similar to an existing registered mark in the same class, or because it is considered descriptive or generic. The applicant has 30 days to file a written response arguing why the objection should be overruled. A well-prepared response, with evidence of prior use, acquired distinctiveness, or arguments distinguishing the mark from the cited prior mark, resolves most objections without a hearing. We draft objection responses and attend Registry hearings if required.
Can a startup or small business register a trademark at a reduced government fee?
Yes. The Trade Marks Registry charges a reduced fee of Rs. 4,500 per class (filed electronically) for small entities, companies with annual turnover below Rs. 25 crore and for startups with a valid DPIIT Startup India recognition. The standard fee for other entities is Rs. 9,000 per class filed electronically. This reduced fee applies to the government filing fee; Y&A Legal’s professional fees are quoted separately based on the number of classes and the complexity of the application and are agreed before filing.
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Written by Yuvraj Rana, Advocate & Co-Founder, Y&A Legal