Form TM-A, the trademark application, is filed online with a handful of attachments. What you attach depends on who is applying, whether the mark is a word or a logo, and whether you claim to have used it already. The list below is what we ask for before filing, so the application passes the formalities check the first time.
What every application needs
- The mark. For a wordmark, the exact word or words, with spelling and spacing as you want them protected. For a logo or stylised mark, a clear JPG image, ideally at least 8 cm on the longer side, without a background. If no colour is claimed the mark is protected in all colours; claim a colour only if the colour itself is the brand.
- Applicant details. Full legal name, address, nationality, and the applicant category (individual, proprietorship, partnership, LLP, company, trust, society). The category decides the fee and must match the supporting document.
- Class and specification. The class number and a description of the specific goods or services. The classes guide helps choose; describe what you sell, not the whole class.
- Date of use, or "proposed to be used". If the mark is already in use, the date of first use in India in DD/MM/YYYY form, which then requires the user affidavit below. If not yet in use, select proposed to be used; no evidence is needed.
- Email and mobile number for the address for service. Examination reports and hearing notices go here, so it must be an address someone reads for the next two years.
- Power of attorney, Form TM-48, if an agent or attorney files for you. Signed by the applicant; no stamp paper or notarisation for an Indian applicant.
The user affidavit, if you claim prior use
Under Rule 25 of the Trade Marks Rules, an application claiming use before the filing date must be accompanied by an affidavit testifying to that use, with supporting documents. Without it, the Registry treats the claim as unsupported and raises an objection. The affidavit states:
- the mark, the goods or services, and the date of first use in India;
- that use has been continuous;
- a list of the evidence annexed: dated invoices, purchase orders, packaging, advertisements, website archive pages, marketplace listings, social-media posts with dates.
Evidence should show the mark as used, not just the company name. Two or three dated documents from the earliest period are more useful than a hundred from last month. The affidavit is sworn on stamp paper and notarised.
The document that halves the government fee
The government fee is ₹4,500 per class instead of ₹9,000 for three kinds of applicant. Individuals qualify automatically. The other two need a certificate attached to the application:
| Applicant | Document | Where from |
|---|---|---|
| Individual, sole proprietor | None | |
| Micro or small enterprise (any entity type) | Udyam Registration Certificate showing micro or small | udyamregistration.gov.in, free, same day |
| Startup | DPIIT Certificate of Recognition | startupindia.gov.in |
| Everyone else | None; ₹9,000 rate applies |
A company that is not yet Udyam-registered can usually obtain the certificate in a day before filing and save ₹4,500 per class. We check this before every filing. The fees guide has the full schedule.
By applicant type
Individual
Name, address, nationality. Nothing else. Identity documents are not filed with the Registry.
Sole proprietorship
The application is in the proprietor's own name, "trading as" the firm name. Fee category is individual. A GST or shop-and-establishment certificate is not required, though it helps as evidence of the trading name if use is claimed.
Partnership firm
Names of all partners, the firm name and address. A copy of the partnership deed is not mandatory but is useful if the partners' names are questioned. Udyam certificate for the lower fee.
Limited liability partnership
LLP name, LLPIN and registered office as per the MCA record. Udyam or DPIIT certificate for the lower fee; otherwise ₹9,000 per class.
Company
Company name, CIN and registered office exactly as on the certificate of incorporation. The person signing the TM-48 should be a director or authorised signatory. Udyam or DPIIT certificate for the lower fee.
Trust, society, section 8 company
Registration details of the entity and the names of the trustees or office bearers authorised to apply. Charitable status does not itself reduce the fee; Udyam registration, where available, does.
Foreign applicant
Legal name, country of incorporation and address abroad, plus an address for service in India, in practice an Indian attorney under a power of attorney. If priority is claimed from an application filed abroad within the previous six months, a certified copy of that application and, if not in English, a translation. Foreign applicants pay the ₹9,000 rate unless they hold Indian startup recognition.
Defects that stall applications at formalities
- Applicant name that does not match the supporting certificate ("ABC Pvt Ltd" on the form, "ABC Private Limited" on the Udyam).
- Date of use entered with no affidavit attached.
- Logo file with a white box, watermark or text that is not part of the mark.
- Non-English words in the mark without a transliteration and translation.
- TM-48 unsigned, or signed by someone without authority.
- Individual fee paid by a company, or vice versa; the Registry raises a fee deficiency.
Each of these produces a Formalities Chk Fail and a compliance notice, adding weeks before examination even begins. The timeline guide shows what that costs. Send us the documents on the list above and we check them against the form before anything is filed.
Frequently asked questions
Is a logo mandatory for trademark registration?
No. A wordmark, the name in plain text, is registered without any image. A logo is filed only if you want the design protected, as a JPG image within the Registry's size limits. Many brands file the wordmark first and the logo later.
What is a user affidavit and when is it needed?
An affidavit stating the date since which the mark has been used, with supporting evidence such as invoices or advertisements. It is required whenever the application claims a date of first use rather than proposing to use the mark. Claiming use without the affidavit leads to an objection.
Is a power of attorney needed?
Only if the application is filed through an agent or attorney. It is Form TM-48, signed by the applicant. No notarisation or stamp paper is required for a domestic applicant.
Which document gets me the lower ₹4,500 government fee?
A valid Udyam registration certificate showing micro or small enterprise status, or DPIIT startup recognition. Individuals qualify without any certificate. Without it, a company, LLP or partnership pays ₹9,000 per class.
Do I need GST registration or a company to register a trademark?
No. An individual can apply in their own name with no business registration at all. A proprietorship applies in the proprietor's name, trading as the firm.
Do I need to show a website or product before filing?
No. An application can be filed on a proposed-to-be-used basis before the business launches. Evidence of use matters only if you claim a prior date of use, or later if distinctiveness is challenged.
Can a foreign company register a trademark in India?
Yes, through an address for service in India, usually an Indian attorney under a power of attorney. The applicant's incorporation details and country are stated on the form.
Information only. This guide explains a legal process in general terms; it is not legal advice and not a solicitation. Wording of statuses is as shown on IP India's public portal at the date above and may change.