Intellectual Property Rights - Law and Practice · Trademarks

Procedure for Registration of Trademarks in India

Updated 11 October 2026 · Fact-checked

Trademark registration runs in stages: you file an application, the Registrar examines it, accepted marks are advertised, anyone may oppose within four months, and if there is no opposition or it fails, the mark is registered. Registration lasts ten years and can be renewed for ten years at a time.

Understand Procedure for Registration of Trademarks

A trademark gets legal protection under the Trade Marks Act, 1999 only after it passes through a fixed procedure before the Registrar of Trade Marks. You need to know each stage, the time limits, and what the Registrar can do at each stage.

The process begins with an application. The Registrar examines it and may accept it, accept it with conditions, or refuse it. An accepted application is advertised so that the public can object. This is where opposition comes in.

Section 21 lets any person give written notice of opposition within four months from the date of the advertisement or re-advertisement. The Registrar serves a copy on the applicant. The applicant must file a counter-statement within two months of receiving that copy. If the applicant does not, the application is deemed abandoned. Both sides then file evidence and are given a chance to be heard.

After hearing the parties and considering the evidence, the Registrar decides whether the registration is permitted, and on what conditions or limitations. The Registrar may also take into account a ground of objection that the opponent did not raise.

Once the mark is cleared, Section 23 requires the Registrar to register it within eighteen months of the filing of the application, unless the Central Government otherwise directs. The mark is registered as of the date of the application, and that date is deemed the date of registration. A sealed certificate is issued. Section 25 then governs the ten-year term, renewal, removal and restoration.

Key rules to remember

Opposition period (Section 21(1)): Notice of opposition: within 4 months from the date of advertisement or re-advertisement; Filed in writing in the prescribed manner with the prescribed fee. Any person may oppose.
Counter-statement (Section 21(2)): Counter-statement: within 2 months from the applicant's receipt of the copy of the opposition notice; If the applicant does not file it, the application is deemed abandoned.
Security for costs (Section 21(6)): Opponent or applicant who neither resides nor carries on business in India: Registrar may require security for costs; On default, the Registrar may treat the opposition or application as abandoned.
Time to register (Section 23(1)): Registration within 18 months of filing of the application, once unopposed (time expired) or opposition decided for applicant; The Central Government may otherwise direct. The mark is registered as of the date of application.
Abandonment for applicant's default (Section 23(3)): Registration not completed within 12 months from application due to applicant's default: Registrar may, after notice, treat the application as abandoned; Applicant gets the time given in the notice to complete.
Term of registration (Section 25(1)): Initial term = 10 years; Renewable from time to time.
Renewal (Section 25(2)): Renewal period = 10 years from the expiration of the last registration; Application by the registered proprietor in the prescribed manner, within the prescribed period, with the prescribed fee.
Grace period (Section 25(3) proviso): Late renewal: application with prescribed fee and surcharge within 6 months from expiration of last registration; The Registrar shall not remove the mark in that case and renews it for 10 years.
Restoration (Section 25(4)): Restoration window: after 6 months and within 1 year from expiration of last registration; Application in the prescribed form with fee. The Registrar must be satisfied that it is just to restore, and may impose conditions or limitations.
Registrar's powers (Section 127): Civil court powers + power to award costs + power to review own decision; Applies to all proceedings before the Registrar. Costs orders are executable as a civil court decree.

How to solve Procedure for Registration of Trademarks questions

Use this method for any question on the registration procedure, opposition, renewal or the Registrar's powers.

1Identify the stage the facts are at: filing, examination, advertisement, opposition, registration, renewal or restoration.
2Name the section that governs that stage: 21 for opposition, 23 for registration, 25 for term and renewal, 127 for the Registrar's powers.
3Write the time limit and its starting point exactly, for example four months from advertisement, or two months from receipt of the copy.
4Compute dates from the facts. Count from the correct starting point, such as the date of expiration of the last registration.
5State the consequence of acting or not acting, such as deemed abandonment, removal from the register, or renewal with surcharge.
6Conclude clearly: is the opposition valid, is the mark removed, can it be restored, and what should the party do now.

Quickest way: Timeline-first approach

When to use it: Use it for case-based questions with several dates and a request to advise a party.

Draw a one-line timeline and mark each date given in the facts.
Under it write the limits: 4 months, 2 months, 18 months, 10 years, 6 months, 1 year.
Check which limit each date falls inside or outside.
Write the answer as: provision, facts against the limit, conclusion.

Common mistakes in Procedure for Registration of Trademarks

Counting the four-month opposition period from the date of filing or acceptance.
Students mix up the stages of the procedure.
Fix: Remember that the period runs from the date of advertisement or re-advertisement of the application.
Saying only a person with a competing mark can oppose.
Opposition is assumed to be a rivals' remedy.
Fix: Section 21(1) says any person may oppose within the time limit, by written notice with the prescribed fee.
Treating the six-month period after expiry as free of cost.
Students remember the grace period but forget the surcharge.
Fix: Renewal within six months of expiry needs the prescribed fee and surcharge, and the application must be in the prescribed form.
Mixing the renewal grace period with the restoration window.
Both involve time after expiry.
Fix: Grace renewal is within six months of expiry. Restoration after removal is after six months and within one year of expiry, and depends on the Registrar being satisfied it is just.
Forgetting that the Registrar can consider grounds the opponent did not raise.
Students treat opposition like ordinary two-party litigation.
Fix: Section 21(5) allows the Registrar to take into account a ground of objection whether relied upon by the opponent or not.
Stating the registration date as the date the certificate is issued.
Students link registration with the certificate.
Fix: Under Section 23(1), the mark is registered as of the date of making the application, and that date is deemed the date of registration, subject to Section 154.

Worked examples

Example 1

Nirmal Foods Pvt Ltd's application for the mark 'NIRMAL GOLD' was advertised on 10 March. Sundar Traders gives notice of opposition on 25 June of the same year. Nirmal Foods receives a copy of the notice on 5 July and files nothing. Advise on the position.

Show the solution

Provision: Section 21(1) allows any person to oppose within four months from the date of advertisement.
Four months from 10 March ends on 10 July. Notice given on 25 June is within time, so the opposition is valid.
Section 21(2): the Registrar serves a copy on the applicant, who must send a counter-statement within two months of receiving it.
Receipt on 5 July means the counter-statement was due by 5 September. Nirmal Foods has filed nothing, so if it does not file by then the application is deemed abandoned.
Practical point: if the deadline is still open, Nirmal Foods should file the counter-statement in the prescribed manner immediately.

Answer: The opposition is valid. Nirmal Foods must file its counter-statement by 5 September. If it does not, its application is deemed abandoned under Section 21(2).

Example 2

The registration of the trademark of Kaveri Textiles expired on 31 January 2027, and no renewal was filed. On 15 May 2027 the owner applies to renew. On 20 September 2027 another owner asks about the position if the mark had been removed. Explain both situations.

Show the solution

Provision: Section 25(2) and (3). Renewal runs for ten years from expiration of the last registration, and the Registrar may remove the mark if conditions are not complied with.
Proviso to Section 25(3): the Registrar shall not remove the mark if an application in the prescribed form, with the prescribed fee and surcharge, is made within six months from expiration.
Six months from 31 January 2027 ends on 31 July 2027. Application on 15 May 2027 is within time, so the mark is renewed on payment of fee and surcharge for ten years.
Section 25(4): if a mark has been removed for non-payment, restoration is possible after six months and within one year of expiration, here between 31 July 2027 and 31 January 2028.
On 20 September 2027 the restoration window is open. The Registrar will restore only if satisfied it is just to do so, and may impose conditions or limitations. Renewal is again for ten years from the expiration of the last registration.

Answer: Kaveri Textiles' application on 15 May 2027 is within the six-month grace period and must be renewed on payment of fee and surcharge. For a removed mark, an application on 20 September 2027 falls in the restoration window, and restoration depends on the Registrar being satisfied that it is just.

Exam tips

Learn the numbers as a set: 4 months, 2 months, 18 months, 12 months, 10 years, 6 months, 1 year. Examiners build case questions around them.
Always state the starting point of each period with the number, for example four months from advertisement.
In case questions, write provision, facts, conclusion. Show the date calculation in one line.
For Registrar's powers, list all three under Section 127: civil court powers, costs, and review of own decision.
Do not quote fee amounts or form numbers unless you are sure. Say prescribed fee and prescribed form.

Practice questions from Trademarks

Procedure for Registration of Trademarks in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Procedure for Registration of Trademarks: frequently asked questions

What is the time limit for opposing a trademark application in India?

Any person may give written notice of opposition within four months from the date of advertisement or re-advertisement of the application. The notice is given in the prescribed manner with the prescribed fee.

How long does trademark registration last and how is it renewed?

Registration lasts ten years and may be renewed for ten years at a time. The registered proprietor applies in the prescribed manner, within the prescribed period, with the prescribed fee. Late renewal within six months of expiry needs a surcharge.

Can a removed trademark be restored?

Yes. If it was removed for non-payment of the prescribed fee, the Registrar may restore it on application after six months and within one year from expiration of the last registration. The Registrar must be satisfied it is just, and may impose conditions.

What powers does the Registrar have in trademark proceedings?

Under Section 127, the Registrar has civil court powers for receiving evidence, summoning witnesses and compelling documents. The Registrar can also award reasonable costs, executable as a decree, and can review his own decision on application.