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HomeLicenses & registrationsTrademark Application

Licenses & registrations

Trademark Application

We file your FORM TM-A trademark application: class selection guidance, mark and goods/services description, and document preparation, tracked through to the examination report, so you get your application filed correctly the first time instead of losing the fee to a wrong-class refile.

Filing FORM TM-A means picking the right NICE class, describing your goods and services correctly, and getting the fee slab right. Miss any of these and a non-refundable fee turns into two. We handle the filing and the follow-through to your examination report.

A trademark application is filed as FORM TM-A under the Trade Marks Act 1999, against the fee schedule in the First Schedule to the Trade Marks Rules 2017. India lets you cover every class you need in one application, sharing a single filing date and application number.

The government fee is charged per class, and it doesn't come back if the application is refused, withdrawn, or abandoned. That single fact is why class selection deserves real attention before you file, before an examiner ever gets involved.

Scope

What's included

  • Filed against your chosen class or classes, with a goods/services description that matches what your business actually does rather than a generic template.

  • Class 9 covers downloadable software and physical goods. Class 42 covers software as a service. A marketplace or e-commerce storefront usually needs Class 35 instead. We check which one applies to you before you pay a fee that doesn't come back.

  • Wordmark and phonetic search catch most conflicting marks before you pay a fee that doesn't come back if the application fails on that ground.

  • Individual applicants, DPIIT-recognized startups, and Udyam-registered small enterprises pay Rs 4,500 per class filing online. Every other applicant pays Rs 9,000 per class. We confirm which slab applies and attach the right certificate.

Specifics

The details

Picking the right class is the real decision

Trademarks are registered against the NICE Classification, 45 classes covering every kind of good or service. For a software or internet business, the split that trips people up most is Class 9 versus Class 42. A downloadable app or packaged software product sits in Class 9. Software delivered as a service, SaaS, PaaS, cloud tools, custom development, sits in Class 42. A marketplace or retail storefront usually needs Class 35 instead of either.

ClassCoversExample
9Downloadable/physical softwareA mobile app people download, or packaged software
42Software as a serviceA browser-only subscription product with no download
35Retail, advertising, business servicesA marketplace or e-commerce storefront

The fee doesn't come back if an application is refused for the wrong class. A company filing two classes at Rs 9,000 each, then having to refile after a wrong-class refusal, pays that Rs 18,000 a second time.

Multi-class filing, one application

FORM TM-A lets you cover every class you actually need in a single application, sharing one filing date and application number. You still pay the fee per class, there's no bundling discount for filing more than one. One caution worth knowing before you file: under Rule 46(3) of the 2017 Rules, if a third party opposes even one class in a multi-class application, that holds up every class in the application, including the ones nobody opposed.

The fee slab that applies to you

Applicant typeFee per class (e-filing)
Individual / DPIIT-recognized startup / Udyam-registered small enterpriseRs 4,500
Company, LLP, or any other applicantRs 9,000

The discount isn't automatic. It applies only if you produce a DPIIT Recognition Certificate or a Udyam Registration Certificate at filing. Without one on record, you're filed at the company-tier fee regardless of how small the business actually is.

What happens after you file

  • The examiner checks your application against Section 9 (something about the mark itself) and Section 11 (conflict with an existing right)
  • If either raises a question, you get an examination report and a 30-day window under Rule 29 to reply
  • An extension is possible through Form TM-M, but only if requested before that 30-day window closes
  • Miss the deadline with no extension request on file, and the application is treated as abandoned

If the examiner does raise an objection, we handle the reply through our dedicated Trademark Objection Reply service, which picks up exactly where this one leaves off.

Process

How it works

Step 1 of 5

Class and mark review

We check your actual product or service against the class list and match it to what you actually sell.

Class and mark review

We check your actual product or service against the class list and match it to what you actually sell.

Common mistakes founders make

  • Filing in Class 9 for a browser-only SaaS product that actually needs Class 42, or the reverse.
  • Treating a marketplace or e-commerce storefront as Class 9 or 42 when it usually belongs in Class 35.
  • Skipping the public search step and finding out about a conflicting mark only after the examiner raises it.
  • Filing without the DPIIT or Udyam certificate on record, then paying the company-tier fee for no reason.
  • Missing the 30-day Rule 29 reply window on an objection, which gets the application deemed abandoned.

Clarifications

Frequently asked questions

Rs 4,500 per class if you're an individual, a DPIIT-recognized startup, or a Udyam-registered small enterprise filing online. Everyone else pays Rs 9,000 per class online, under the Trade Marks Rules 2017 First Schedule. The fee applies per class, whether you file one or several.

Yes. FORM TM-A supports one application across multiple classes, sharing a single filing date and application number. You still pay the fee for each class, but you're not filing separate applications.

The fee doesn't come back if the application is refused on that ground, and you'd need to file again from scratch at full fee. That's the most expensive mistake we see at this stage, which is why we review your actual product or service against the class list before filing.

Uncontested applications generally run somewhere between 12 and 24 months, depending on the Trade Marks Registry's current examination backlog. An objection or a third-party opposition adds materially more time on top of that. We don't quote a single figure because the range genuinely depends on factors outside anyone's control.

You get a 30-day window under Rule 29 to reply, with an extension possible through Form TM-M if requested before that window closes. We handle the reply through our separate Trademark Objection Reply service.

Related

Learn more

Do it yourself, faster

Use our guided tool to generate what you need in minutes.

Tool

buildwright.co.in

Trademark Class Finder

Filing in the wrong NICE class doesn't get your fee back. Describe what your product or business actually does and get a reasoned class recommendation: the real cost of getting it wrong, and whether your discounted fee slab applies.

Free templates & checklists

Ready-to-use starting points — no email required.

Template

buildwright.co.in

TM-A Filing Document Checklist

Everything to gather before filing FORM TM-A, branched by applicant type (individual, partnership, company/LLP) plus the DPIIT/Udyam discount and prior-use-claim documents, so you're not caught short mid-filing.

Learn the details

Guides that walk through every step.

Guide

buildwright.co.in

Which Trademark Class Does Your Startup Actually Need? (Class 9 vs Class 42, and the Rs 36,000 Mistake)

Class 9, Class 42, or Class 35 - the class you pick on FORM TM-A decides whether your trademark fee gets you registered or gets you a refusal you have to pay for twice.

Guide

buildwright.co.in

Your Company Name Got Approved by MCA. That Doesn't Mean You Own the Trademark.

RUN or SPICe+ approving your company name checks it against other companies and registered trademarks at that moment. It doesn't give you any trademark right of your own, and someone else can still register your name later.

Prefer to skip the paperwork?

BuildWright can take this off your plate — done properly, the first time.

Specific fixes

Already using this? Fix a specific issue

Trademark Objection Reply

We draft and file your reply to a trademark examination report, addressing the specific Section 9 or Section 11 objection raised, within the 30-day Rule 29 deadline, so an objection doesn't turn into an abandoned application that forces you to restart.

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Key terms

TM-A
The form used to file a trademark application in India under the Trade Marks Act 1999.
NICE Classification
The 45-class international system (1-34 goods, 35-45 services) used to categorize what a trademark covers.
Examination report
The Trade Marks Registry's response to your application, raising any Section 9 or Section 11 objection before registration can proceed.
DPIIT recognition
Startup India's recognition status, one of the categories that qualifies for the discounted Rs 4,500-per-class filing fee.
Udyam registration
The MSME registration that also qualifies a small enterprise for the discounted trademark filing fee.