How do I register a trademark, and how long does it take?

Registration is not complicated, but the two decisions that matter are taken before you file: whether the mark is registrable at all, and which classes to file in.

Step 1: search before you file

Run a public search on the Trade Marks Registry database, and a wider search including company names, domain names and common law use. Filing a mark that conflicts with an existing one wastes the fee and the year, and worse, it can invite an infringement claim from a prior user.

Step 2: pick the right classes

India follows the Nice Classification, 45 classes in all, 1 to 34 for goods and 35 to 45 for services. Protection is class-specific. Software is typically class 9, software as a service and technology services class 42, retail and business services class 35, education class 41. Filing in too few classes leaves gaps; filing in too many wastes money on classes you will never use and cannot defend against a non-use challenge.

Step 3: the process

1. File Form TM-A online. Fees are lower for individuals, startups recognised by DPIIT, and small enterprises, so claim that status if you have it.
2. Examination. The Registry issues an examination report raising objections, commonly under Section 9 (the mark is descriptive or non-distinctive) or Section 11 (it conflicts with an earlier mark).
3. Reply, and a hearing if the objection is maintained.
4. Publication in the Trade Marks Journal, opening a four month window for third parties to oppose.
5. Registration if unopposed or if opposition is decided in your favour. Valid for 10 years, renewable indefinitely.

What cannot be registered

Marks that are purely descriptive of the goods, generic terms, marks likely to deceive or cause confusion, marks that hurt religious sensibilities, and names or emblems protected under special statutes. A descriptive mark can sometimes be registered on proof of acquired distinctiveness through long use, but that is an uphill and evidence-heavy route.