Trademark Registration in India Complete Step-by-Step Guide, Documents, Fees & Process

Building a successful business takes more than a great product. Your brand name, logo, tagline and identity can become some of your most valuable business assets. This is why protecting your brand with a Trademark Registration can be an important step for businesses, startups, entrepreneurs and online sellers in India.

Whether you are launching a new business, running a Shopify store, selling products online, or developing an established brand, understanding the trademark registration process can help you protect your brand and avoid potential legal problems in the future.

In this complete guide, we explain what a trademark is, who can register one, required documents, trademark classes, government fees, the complete registration process, objections, opposition, renewal and other important information.

Note: This article is for general informational purposes and is not legal advice. Trademark requirements and procedures should always be checked against the latest information published by the Government of India's IP India and the applicable Trade Marks Act and Rules.

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What Is a Trademark?

A trademark is a brand identifier that distinguishes the goods or services of one business from those of another.

A trademark may include:

• Brand name
• Business name used as a brand
• Logo
• Symbol
• Word
• Tagline or slogan
• Combination of words and designs
• Stylized representation of a brand
• Other legally protectable marks

For example, if you create a unique brand name for your products, registering that name as a trademark can help establish legal rights over the mark for the relevant goods or services and classes.

Trademark protection is generally connected to the particular goods or services for which the mark is registered.

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Why Is Trademark Registration Important?

Your brand can become one of your most valuable business assets.

Imagine spending several years building:

• A Shopify store
• Social media pages
• Product packaging
• Advertising campaigns
• Customer recognition
• Online reviews
• Brand reputation

Then another business starts using a confusingly similar brand name.

Without appropriate trademark protection, dealing with such a situation can become more difficult.

Trademark registration can provide important legal protection and can help you:

Protect Your Brand

A registered trademark provides statutory rights in relation to the registered mark, subject to the applicable law.

Build Brand Value

As your business grows, your trademark can become an important intangible business asset.

Establish Exclusive Rights

Registration can provide exclusive rights to use the trademark in relation to the registered goods or services, subject to the Trade Marks Act.

Strengthen Your Business

A registered brand can add credibility when dealing with customers, marketplaces, suppliers, distributors and potential business partners.

Support Expansion

If you plan to expand your product range, online business or physical operations, having a proper trademark strategy can become increasingly important.

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Who Can Register a Trademark in India?

A trademark application can be filed by different types of applicants, including:

• Individuals
• Sole proprietors
• Partnership firms
• LLPs
• Private Limited Companies
• Public Limited Companies
• Startups
• Small Enterprises
• Trusts
• Societies
• Foreign applicants and entities

You do not necessarily need to form a Private Limited Company before registering a trademark.

An individual or proprietor can also apply for trademark registration.

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What Can You Trademark?

Depending on the circumstances and legal requirements, businesses commonly seek protection for:

1. Brand Name

For example:

ABC

A word-mark application focuses primarily on the wording.

2. Logo

For example:

ABC + Logo Design

This protects the particular representation submitted in the application.

3. Tagline

A distinctive tagline may also qualify for trademark protection depending on whether it satisfies the legal requirements.

4. Combination Mark

You can also have a combination consisting of:

Brand Name + Logo + Design Elements

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Word Mark vs Logo Mark: Which Is Better?

This is an important decision.

Suppose your brand is:

GIFTORA

You could consider registering:

GIFTORA

as a word mark.

You could also register:

GIFTORA + Logo

as a device/logo mark.

For many businesses, the brand name itself is particularly valuable because logos can change over time while the name remains the same.

For example:

GIFTORA + Logo Version 1

could later become:

GIFTORA + Logo Version 2

while the word GIFTORA remains unchanged.

Therefore, businesses should carefully consider whether separate protection for the word mark and logo makes commercial sense.

The right strategy depends on the individual brand and circumstances.

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Step 1: Search Your Trademark Before Filing

One of the most important steps is conducting a trademark search before submitting your application.

Do not assume that a name is available simply because:

• You cannot find another business in your city using it.
• The domain name is available.
• The Instagram username is available.
• Your company name is available.
• You have been using the name for a short period.

Trademark availability is a separate issue.

You should search for:

• Exact matches
• Similar spellings
• Phonetic similarities
• Similar-looking names
• Existing registered trademarks
• Pending applications
• Similar trademarks in related classes

Example

Suppose you want to register:

ZIVORA

You should not search only for:

ZIVORA

You should also consider similar or phonetically comparable marks.

The purpose is to identify potential conflicts before investing heavily in your branding.

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Step 2: Select the Correct Trademark Class

India follows the international Nice Classification system.

There are 45 trademark classes:

• Classes 1–34 generally cover goods.
• Classes 35–45 generally cover services.

Choosing the correct class is extremely important because trademark protection is connected to the goods and services covered by the registration.

Some Common Trademark Classes

Class	Broad examples
Class 3	Cosmetics, perfumes, cleaning preparations
Class 5	Pharmaceutical and medical preparations
Class 9	Electronics, computers and certain software-related goods
Class 16	Paper products, stationery, printed matter
Class 18	Bags and leather goods
Class 25	Clothing, footwear and headgear
Class 28	Toys, games and sporting goods
Class 29	Processed food products
Class 30	Tea, coffee, spices, confectionery and cereals
Class 32	Non-alcoholic beverages
Class 33	Alcoholic beverages
Class 35	Advertising, business management and retail/business services
Class 38	Telecommunications
Class 41	Education, training and entertainment
Class 42	Technology and software-related services
Class 43	Food, drink and accommodation services
Class 44	Medical, beauty and agricultural services
Class 45	Legal, security and certain personal/social services

These are only broad examples. The exact classification depends on what your business actually provides.

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Can You Register a Trademark in Multiple Classes?

Yes.

For example, a business may have products and services falling into different classes.

Suppose a brand operates across:

• Clothing
• Bags
• Online retail services

It may need to consider multiple relevant classes.

Trademark applications and applicable official fees are generally calculated based on the mark and class structure.

Therefore, selecting classes should be done carefully rather than simply choosing as many classes as possible.

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Step 3: Decide Whether Your Trademark Is Already in Use

When preparing your trademark application, you need to consider whether the mark is:

Already Used

You have already started using the trademark.

Proposed to Be Used

You have selected the trademark but have not started using it commercially.

A proposed-to-be-used application can be useful for a new business that wants to seek protection for a brand before launching.

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What If You Are Already Using the Trademark?

If you claim prior use, you need to provide appropriate information and supporting evidence.

A prior-use claim generally involves:

• Date of first use
• User affidavit
• Supporting documents/evidence

Your claimed use date should be genuine and capable of being supported by evidence.

Never create a false use date.

Making an incorrect historical-use claim simply to strengthen an application can create unnecessary legal problems.

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Documents Required for Trademark Registration in India

The exact documents depend on the applicant and the circumstances of the application.

However, you should generally prepare the following information and documents.

For an Individual

Common requirements may include:

• Applicant's full name
• Address
• Nationality
• Contact details
• Trademark name
• Logo, if applicable
• Goods/services description
• Correct trademark class
• Use status
• Signature/authorization
• Applicable supporting documents
• Government filing fee

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Documents for a Company or Business Entity

Depending on the entity, you may need information/documentation such as:

• Legal name of the entity
• Registered/business address
• Entity details
• Authorized signatory details
• Trademark representation
• Goods/services details
• Relevant class
• Authorization documents
• Supporting certificates, where applicable

The exact requirements can vary according to the applicant structure.

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Documents for a Prior-Use Claim

If you are claiming that the trademark has already been used, you may need:

• User affidavit
• First-use date
• Supporting evidence of trademark use

Depending on the business, useful evidence may include genuine business records demonstrating actual use of the mark.

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Startup or Small Enterprise Documents

Eligible startups and small enterprises may be entitled to reduced government fees.

Where applicable, appropriate supporting certification must be provided.

For example, depending on the applicant's status, relevant startup or MSME documentation may be required.

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Power of Attorney for Trademark Agent

If you appoint a trademark agent or attorney to represent you, appropriate authorization/Power of Attorney documentation may be required.

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Step 4: File Form TM-A

The primary application for trademark registration is generally filed using:

Form TM-A

The application includes information such as:

• Applicant details
• Trademark
• Class
• Goods/services
• Use status
• Prior-use information, where applicable
• Priority claim, where applicable
• Other required declarations and information

The application can be filed electronically through the IP India trademark system.

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Step 5: Pay the Government Fee

For the standard TM-A application, the current official fee structure includes:

Individual / Startup / Small Enterprise

₹4,500 for e-filing per mark per class

Other Applicants

₹9,000 for e-filing per mark per class

Physical filing fees are higher.

These are government fees.

If you hire a:

• Trademark lawyer
• Trademark agent
• Consultant
• Attorney

their professional charges are separate.

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Example of Trademark Filing Cost

Suppose an eligible individual wants to register:

GIFTORA

in one class through online filing.

The government filing fee would generally be:

₹4,500

If the application covers two classes:

₹4,500 × 2 = ₹9,000

This does not include professional fees, if any.

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Step 6: Receive Your Trademark Application Number

After successfully submitting the application and payment, you receive an application number.

This number is important because you can use it to track the application status.

Keep your:

• Application number
• Filing acknowledgement
• Submitted documents
• Payment receipt
• Application copy

safely.

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Step 7: Examination by the Trademark Registry

After filing, the Trademark Registry examines your application.

The Registry may consider:

• Whether the mark is distinctive
• Whether it is descriptive
• Whether it falls under an absolute ground for refusal
• Whether it conflicts with earlier trademarks
• Whether other legal requirements are satisfied

There are two major categories of trademark objections.

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Absolute Grounds for Refusal

Under the Trade Marks Act, certain marks may be refused because of their inherent characteristics.

For example, problems can arise where a mark:

• Lacks distinctiveness
• Merely describes the goods/services
• Has become customary in the trade
• Falls within another prohibited category

Example

A highly descriptive expression such as:

"BEST COTTON SHIRTS"

may face significantly different registration issues compared with a genuinely distinctive invented brand name.

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Relative Grounds for Refusal

A trademark may also face an objection because of an earlier trademark.

For example, suppose an earlier mark is:

ZIVORA

and you apply for:

ZIVORAA

If the goods/services are similar and the marks are considered sufficiently similar, the application may face an objection.

Changing one or two letters does not automatically make a trademark safe.

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Step 8: Examination Report

If the Examiner raises an objection, an Examination Report may be issued.

For example, the report could raise an objection based on:

• Section 9
• Section 11
• Other procedural/legal grounds

You then need to respond appropriately.

Under the current Trade Marks Rules, the applicant generally has one month from receipt of the examination report to respond.

Ignoring the report can result in the application being treated as abandoned.

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Step 9: Reply to Trademark Objection

A trademark objection response may include:

• Legal arguments
• Explanation of differences
• Evidence of use
• Distinctiveness arguments
• Market information
• Supporting documents
• Other relevant legal submissions

A strong response should address the specific objections raised by the Registry rather than simply stating:

"My brand is unique."

For complicated objections, professional trademark/legal assistance can be valuable.

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Step 10: Trademark Hearing

Sometimes the written response does not resolve the objection.

The Registry may then schedule a hearing.

At the hearing, the applicant or authorized representative can present arguments and explain why the trademark should proceed.

After considering the matter, the Registrar may:

• Accept the application
• Continue processing it
• Raise further requirements
• Refuse the application, depending on the circumstances

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Step 11: Acceptance and Trademark Journal Publication

If the trademark is accepted, it proceeds towards publication in the:

Trade Marks Journal

This publication is important because it gives third parties an opportunity to oppose the proposed registration.

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Step 12: Four-Month Opposition Period

After publication in the Trade Marks Journal, a third party can oppose the trademark.

Under the current Trade Marks Rules, a notice of opposition is generally filed within:

4 months

from the publication or re-publication of the trademark in the Trade Marks Journal.

This means:

Application filed ≠ immediately registered

There are several stages between filing and registration.

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What Happens If Someone Opposes Your Trademark?

The matter becomes a contested trademark proceeding.

The broad process can look like this:

Opponent files opposition

↓

Applicant receives opposition

↓

Applicant files counterstatement

↓

Evidence stage

↓

Further evidence/reply

↓

Hearing, if required

↓

Decision

The applicant generally has two months from receipt of the opposition notice to file the counterstatement under the applicable Rules.

Because opposition proceedings can become legally complex, professional representation may be advisable.

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Step 13: What Happens If Nobody Opposes?

If:

• The application has been accepted,

• It has been published in the Trade Marks Journal,

• No valid opposition is filed within the prescribed period,

and the other statutory requirements are satisfied, the trademark can proceed towards registration.

The Registry then enters the trademark in the Register.

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Step 14: Trademark Registration Certificate

After successful completion of the process, the trademark becomes registered.

The registration provides statutory rights in relation to the registered mark and specified goods/services, subject to the Trade Marks Act and applicable limitations.

You can then use the:

®

symbol in relation to the registered trademark.

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TM vs ® — What Is the Difference?

™

The ™ symbol is commonly used to indicate a trademark claim, including for an unregistered mark.

®

The ® symbol indicates a registered trademark.

You should not use ® as though a mark were registered when it is not.

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How Long Does a Trademark Registration Last?

A trademark registration in India is generally valid for:

10 Years

It can then be renewed for further periods of 10 years.

This means a trademark can potentially remain protected indefinitely if it is properly renewed and maintained.

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Trademark Renewal

Trademark registration should not be treated as a one-time activity.

You need to keep track of the renewal date.

The current official fee schedule lists the standard online renewal fee at:

₹9,000 per class

for the applicable renewal filing.

Additional charges can apply in situations such as late renewal/restoration.

Therefore, businesses should maintain a proper trademark renewal calendar.

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Expedited Trademark Processing

India also provides an expedited processing mechanism subject to eligibility and applicable requirements.

The current official fee schedule includes expedited processing fees of:

Individual / Startup / Small Enterprise

₹20,000

Other Applicants

₹40,000

for e-filing, in addition to the applicable trademark application fee.

Expedited processing means faster processing of the application under the applicable procedure.

It does not mean guaranteed trademark registration.

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How Long Does Trademark Registration Take?

There is no single guaranteed timeline for every application.

A straightforward application may move through the process without major problems.

However, the timeline can increase if there is:

• Examination objection

• Hearing

• Opposition

• Procedural problem

• Amendment

• Evidence requirement

• Registry delay

Therefore, be cautious of anyone promising:

"Guaranteed trademark registration in 7 days."

The filing itself can be completed quickly, but the complete registration process involves several statutory stages.

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Trademark Registration vs Company Registration

These are two completely different things.

Company Registration

Creates/registers the business entity.

For example:

ABC Private Limited

Trademark Registration

Protects the brand/mark used in connection with specified goods/services.

For example:

ABC®

A company can have a registered company name while its brand name is separately protected through trademark registration.

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Trademark Registration vs GST Registration

GST registration and trademark registration are also completely different.

GST

Primarily relates to taxation and business compliance.

Trademark

Relates to intellectual property and protection of a brand/mark.

Having GST registration does not automatically mean that your brand is trademark registered.

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Trademark vs Domain Name

Buying a domain name does not automatically give you trademark rights.

For example:

abc.com

does not automatically mean you own trademark rights over:

ABC

Likewise, registering ABC as a trademark does not automatically give you ownership of every possible domain extension.

Domain names and trademarks are separate rights.

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Can You Register a Trademark Before Starting Your Business?

Yes.

You can generally apply on a:

"Proposed to be Used"

basis.

This can be particularly useful for entrepreneurs who have selected a brand name but have not yet launched their business.

However, the trademark must still satisfy the legal requirements for registration.

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Can You Register a Trademark for an Online Business?

Yes.

Online businesses can register trademarks just like other businesses.

For example:

• Shopify stores

• E-commerce businesses

• D2C brands

• Amazon sellers

• Instagram businesses

• Online service providers

• Digital businesses

The important consideration is identifying the correct goods/services and trademark classes.

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Common Trademark Registration Mistakes

Mistake 1: Filing Without Searching

Never assume your brand is available just because you invented it.

Always search first.

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Mistake 2: Searching Only the Exact Name

A similar-sounding trademark can also create problems.

Search for:

• Exact matches

• Phonetic similarities

• Spelling variations

• Similar marks

• Related classes

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Mistake 3: Choosing the Wrong Class

A trademark registered in the wrong class may not provide the protection you actually need.

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Mistake 4: Claiming False Prior Use

Never invent an earlier use date.

If you claim prior use, maintain genuine supporting evidence.

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Mistake 5: Ignoring an Examination Report

A trademark objection should not be ignored.

The prescribed response period is important.

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Mistake 6: Ignoring Opposition

If another party files an opposition, you need to respond within the applicable legal timeframe.

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Mistake 7: Registering Only a Logo Without Considering the Brand Name

If the business's name is its most important branding asset, consider whether word-mark protection should also be pursued.

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A Simple Trademark Registration Example

Imagine you are launching an online personalized-gift business under the brand:

GIFTORA

You haven't started selling yet.

Step 1

Search:

GIFTORA

and similar marks.

Step 2

Identify the relevant trademark classes based on your actual products/services.

Step 3

Decide whether to apply for:

GIFTORA — Word Mark

and/or the logo.

Step 4

Select:

Proposed to be Used

if you genuinely have not started using the mark.

Step 5

Prepare the applicant information and required documents.

Step 6

File:

TM-A

Step 7

Pay the applicable government fee.

Step 8

Receive your application number.

Step 9

Wait for examination.

Step 10

If an objection is raised, submit an appropriate response.

Step 11

Attend a hearing if required.

Step 12

If accepted, the mark is published in the Trade Marks Journal.

Step 13

Wait through the applicable opposition period.

Step 14

If the requirements are satisfied and there is no successful opposition:

Trademark Registration

Step 15

Maintain and renew the registration every 10 years.

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Complete Trademark Registration Process at a Glance

Here is the complete process in simple form:

1. Choose your brand name

↓

2. Search existing trademarks

↓

3. Check similar/phonetic marks

↓

4. Decide word mark/logo

↓

5. Identify correct class/classes

↓

6. Decide proposed use or prior use

↓

7. Prepare documents

↓

8. File Form TM-A

↓

9. Pay government fee

↓

10. Receive application number

↓

11. Examination by Trademark Registry

↓

12. Examination objection, if any

↓

13. File response

↓

14. Hearing, if required

↓

15. Acceptance

↓

16. Trade Marks Journal publication

↓

17. Four-month opposition period

↓

18. Opposition proceedings, if applicable

↓

19. Registration

↓

20. Registration certificate

↓

21. Renew every 10 years

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Current Official Trademark Fees in India

Application / Service	Individual / Startup / Small Enterprise	Other Applicants
TM-A Online Filing	₹4,500 per class	₹9,000 per class
TM-A Physical Filing	₹5,000 per class	₹10,000 per class
Trademark Renewal – Online	₹9,000 per class	₹9,000 per class
Expedited Processing – Online	₹20,000	₹40,000

These are official government fees and do not include professional fees charged by trademark lawyers, agents or consultants.

Fees can change, so always verify the latest fee schedule before filing.

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Trademark Registration Checklist

Before filing, make sure you have:

☐ Final brand name

☐ Trademark search completed

☐ Similar marks checked

☐ Correct class identified

☐ Goods/services description prepared

☐ Word mark/logo decision made

☐ Applicant details ready

☐ Use status confirmed

☐ Prior-use evidence ready, if claiming prior use

☐ Startup/MSME documentation, if claiming applicable fee category

☐ Authorization/Power of Attorney, if using an agent

☐ TM-A prepared

☐ Government fee calculated

☐ Application submitted

☐ Application number saved

☐ Examination status monitored

☐ Objection deadline monitored

☐ Journal publication monitored

☐ Opposition period monitored

☐ Registration details saved

☐ Renewal date recorded

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Final Thoughts

Your brand is more than just a name printed on your packaging. As your business grows, your brand can become a valuable intellectual-property asset.

For this reason, trademark registration should ideally be considered before you invest heavily in packaging, advertising, websites, social media marketing and other branding activities.

The basic process is:

Search → Select Class → Prepare Documents → File TM-A → Examination → Objection/Reply if Required → Journal Publication → Opposition Period → Registration → Renewal

Most importantly, do not select a trademark merely because the name sounds good. A proper trademark search and correct class selection can save significant time, money and potential legal complications later.

For the latest official requirements, forms, fees and procedures, always refer to the Government of India's IP India resources and the applicable Trade Marks Act, 1999 and Trade Marks Rules, 2017.