Everything you need to know before protecting your brand — answered by our trademark experts.
What is a trademark and why do I need to register it?+
A trademark is any distinctive sign — name, logo, slogan, shape, or colour — that identifies your goods or services. Registration gives you exclusive legal rights to use it across India. Without registration, you have no legal claim if someone copies your brand. India follows a "first to file" system — whoever files first gets the rights, even if you used the brand earlier. If a competitor registers your brand name before you, reclaiming it becomes extremely expensive and time-consuming.
What is the difference between ™ and ® symbols?+
The ™ (Trademark) symbol can be used immediately after filing your trademark application — from the very first day. It signals to the market that you are claiming ownership of that mark. The ® (Registered Trademark) symbol can only be used after the Trade Marks Registry grants registration and issues the registration certificate — typically 12–18 months after filing. Using ® before receiving the certificate is a legal offence.
How much does trademark registration cost in India?+
The total cost has two components: (1) Professional fee — Taxocount charges ₹1,999 per application, which covers free search, class selection, filing, and one objection reply. (2) Government fee — paid directly to the Trade Marks Registry: ₹4,500 per class for Individuals, MSMEs, and DPIIT Startups; ₹9,000 per class for Companies, LLPs, and Partnership Firms. Minimum total for an Individual/MSME filing one class is ₹6,499.
How long does trademark registration take in India?+
The complete process takes 12–18 months from filing to the registration certificate. Filing → same day acknowledgement. Examination Report → 3–6 months. Objection Reply → 1–2 months if raised. Trademark Journal Publication → 4 months. Opposition Period → 4 months. Registration Certificate → 1–2 months after. The ™ symbol can be used from day 1 of filing.
What is a trademark class and how do I choose the right one?+
India follows the Nice Classification (NCL) with 45 classes — Classes 1 to 34 cover goods, Classes 35 to 45 cover services. Each class requires a separate government fee payment. Choosing the wrong class means your trademark is protected in the wrong category. Taxocount identifies the exact class(es) for your business as part of the free consultation.
Can I file a trademark application before starting my business?+
Yes, absolutely. You do not need to have an active business to file a trademark application. You can apply based on a "proposed to be used" basis. This is actually recommended — file as soon as you finalise your brand name, even before GST registration or incorporation. This secures your priority date and prevents anyone else from registering a similar mark.
What happens if my trademark application receives an objection?+
After the Trade Marks Registry examines your application (3–6 months), they may issue an Examination Report raising objections. You have 30 days to file a written reply. If the reply is not satisfactory, a hearing may be scheduled. Taxocount includes one objection reply in every plan.
What is the difference between a trademark objection and a trademark opposition?+
A trademark objection is raised by the Trade Marks Registry examiner during examination — before the mark is published. You respond to the examiner directly. A trademark opposition is raised by a third party after your mark is published in the Trademark Journal — they have 4 months to oppose. Taxocount handles both objection replies and opposition counter-statements.
How long is a trademark valid and what happens when it expires?+
A registered trademark is valid for 10 years from the date of filing the application. After 10 years, it must be renewed by paying the renewal fee — currently ₹9,000 per class (online). If you miss the renewal deadline, a 6-month grace period is available with a surcharge. Taxocount sends renewal reminders well in advance.