Protect Your Ideas, Brand & Innovations — Trademark, Copyright & Patent
End-to-end Intellectual Property Rights registration and advisory — Trademark, Copyright, Patent, Geographical Indications and Designs. Covering all types, all classes, all entity categories in India and internationally.
Overview
What are Intellectual Property Rights?
Intellectual Property Rights (IPR) are legal rights granted to creators and innovators over their creations — giving them exclusive control over the use of their work for a defined period. IPR is an indispensable tool in today's globalised economy, enabling individuals, startups and enterprises to protect their competitive advantage.
India's National IPR Policy envisions "an India where Intellectual Property stimulates creativity and innovation for the benefit of all." Key initiatives like Make in India, Startup India, Digital India and the Atal Innovation Mission are built on a strong IPR foundation. The IP filing ecosystem is managed by the Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) under the Department for Promotion of Industry and Internal Trade (DPIIT).
The Cell for IPR Promotion and Management (CIPAM) facilitates creation and commercialisation of IP assets. India's Patent Office operates as an International Searching and Examining Authority (ISA/IPEA) since October 2013 — making it a preferred choice for international filings under PCT.
Why register your IP? Unregistered IP offers limited legal protection. Registration creates a public record of ownership, entitles you to enforce rights in court, enables licensing and commercialisation, and establishes priority over subsequent claimants. Registered IP is a tangible asset — it can be assigned, licensed, pledged as collateral and valued on the balance sheet.
Types of IPR
Categories We Handle
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™
TrademarkProtects brands, logos, slogans, sounds and trade dress that distinguish your goods/services from others. Governed by the Trade Marks Act, 1999 and Trade Mark Rules, 2017.
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©
CopyrightProtects original literary, artistic, musical, dramatic, cinematographic and software works automatically upon creation. Governed by the Copyright Act, 1957.
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⚙
PatentProtects novel inventions — products, processes, methods and compositions — for 20 years from filing. Governed by the Patents Act, 1970 (as amended).
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🎨
Design RegistrationProtects the unique visual appearance of a product or article — shape, configuration, pattern, ornament or composition of lines/colours. Governed by the Designs Act, 2000.
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🏷
Geographical Indication (GI)Protects products originating from a specific geographical area with qualities/reputation attributable to that origin. Governed by the GI of Goods (Registration and Protection) Act, 1999.
Trademark
Protect Your Brand Identity
A Trademark is any mark capable of distinguishing the goods or services of one person from those of others — including words, names, logos, devices, labels, signatures, colours, sounds and combinations thereof. Once registered, you gain the exclusive right to use the mark in India for 10 years, renewable indefinitely for further periods of 10 years each.
Registration is governed by the Trade Marks Act, 1999 and Trade Mark Rules, 2017. The Trade Marks Registry (under CGPDTM) handles registration across five offices — Mumbai (HQ), Delhi, Chennai, Kolkata and Ahmedabad. Goods and services are classified across 45 classes (Classes 1–34: Goods; Classes 35–45: Services) under the Nice Classification system.
™ vs ® — You may use the ™ symbol immediately upon filing your application (indicating a pending trademark claim). The ® symbol may only be used after the trademark is officially registered. Using ® before registration is a legal offence under the Trade Marks Act, 1999.
Types of Trademarks
| Type | Description |
|---|---|
| Word Mark | Brand names, personal names, coined words or any combination of letters/numbers — e.g. "TATA", "INFOSYS" |
| Device / Logo Mark | A graphic symbol, logo, emblem or figurative element — e.g. the Nike swoosh. Can be in colour or black & white |
| Combined Mark | A combination of word(s) and device/logo elements together as a single trademark |
| Collective Mark | Used by a collective of enterprises to distinguish their goods/services — controlled by an association (e.g. CPA marks) |
| Certification Mark | Certifies that goods/services meet a defined standard of quality, origin or material — e.g. Woolmark, ISI, Agmark |
| Series Mark | A set of marks that are identical or similar to one another in material particulars — registered as a series |
| Sound Mark | A distinctive sound capable of serving as a brand identifier — must be represented graphically as a sound notation |
| Colour Mark | A specific colour or combination of colours that functions as a trademark — e.g. Cadbury purple (rare, requires proof of distinctiveness) |
| Trade Dress | The overall commercial image/packaging of a product — its look and feel as a source identifier |
| Well-Known Trademark | A mark that is known to a substantial segment of the public. Can be recognised even in goods/services it is not registered for. Registry inclusion fee: ₹1,00,000 (e-filing only) |
Who Can Apply for a Trademark?
- Individual (Indian or foreign national)
- Partnership Firm
- Limited Liability Partnership (LLP)
- Private or Public Company
- Trust or Society
- Government Body or Statutory Corporation
- Joint Applicants (two or more persons)
- Start-ups (eligible for concessional fees)
- Small Enterprises (MSME — eligible for concessional fees)
What Cannot Be Registered?
- Marks that are devoid of any distinctive character
- Marks that describe the goods/services or their characteristics
- Marks that are likely to cause confusion or deception
- Marks contrary to law, morality or public order
- Marks containing national emblems, flags or armorial bearings
- Functional shapes, well-known geographical names
- Marks identical or similar to an existing registered mark in same/similar class
- Generic terms for the goods or services concerned
Registration Process
Trademark Registration — Step by Step
From search to registration certificate — typical timeline is 12–24 months. Expedited examination can reduce the examination stage to 3 months.
TM Search
Conduct a comprehensive search on the IP India portal to check availability and identify conflicting marks across all 45 classes.
Application Filing
File TM-A on the IP India e-filing portal. Choose the correct class(es), describe goods/services, upload the mark representation and pay the fee.
Examination
The Examiner reviews the application and issues an Examination Report — either accepted, conditionally accepted, or objected to — within 30 working days (standard) or faster (expedited).
Reply to Objection
If objections are raised, a detailed reply must be filed within 30 days. A personal hearing may be requested if the Examiner's objections persist.
Publication
On acceptance, the mark is published in the Trade Marks Journal (online weekly) for 4 months — open to third-party opposition.
Opposition / Grant
If no opposition is filed (or opposition is decided in your favour), the Registrar issues the Registration Certificate. Mark is valid for 10 years from date of filing.
Government Fees
Trademark Government Fee Schedule
Official fees as per the First Schedule, Trade Mark Rules, 2017. E-filing (online) is cheaper than physical/offline filing. Fees are per class per mark unless stated otherwise. Our professional fee is separate.
🔍 Trademark Class List Search Tool →| Entry | Purpose | Form | E-Filing (₹) | Physical (₹) |
|---|---|---|---|---|
| 1 | New TM Application — Individual / Startup / Small Enterprise (per class, per mark) Includes Word Mark, Device, Combined, Series, Collective, Certification Mark |
TM-A | ₹4,500 | ₹5,000 |
| 1 | New TM Application — All Other Cases (Companies, Firms, LLPs, etc.) (per class, per mark) | TM-A | ₹9,000 | ₹10,000 |
| 2 | Notice of Opposition / Rectification of Register / Counter-statement (per class opposed) | TM-O | ₹2,700 | ₹3,000 |
| 3 | Renewal of Trademark — for each class, every 10 years | TM-R | ₹9,000 | ₹10,000 |
| 3 | Renewal with Surcharge — u/s 25(3) filed after expiry date (within 6 months) — surcharge in addition to renewal fee | TM-R | ₹4,500 + renewal fee | ₹5,000 + renewal fee |
| 3 | Restoration & Renewal — u/s 25(3) & 25(4) (after 6 months from expiry) — surcharge in addition to renewal fee | TM-R | ₹9,000 + renewal fee | ₹10,000 + renewal fee |
| 4 | Assignment / Transfer of Trademark — registration of subsequent proprietor (per trademark) | TM-P | ₹9,000 | ₹10,000 |
| 4 | Certificate of Registrar u/s 40(2) / Registrar approval u/s 41 / Assignment without goodwill u/s 42 / Addition or alteration u/s 59(1) / Conversion of specification u/s 60 (per trademark) | TM-P | ₹2,700 | ₹3,000 |
| 4 | Change of name / description of registered proprietor or registered user u/s 58 (per trademark); Extension of time u/s 42 / 46(4); Consent of Registrar u/s 43 | TM-P | ₹1,800 | ₹2,000 |
| 4 | Dissolution of association u/s 16(5) / Change of address u/s 58 / Cancellation of register entry u/s 58 (per trademark) | TM-P | ₹900 | ₹1,000 |
| 5 | Registered User Application u/s 49 / Variation u/s 50(1)(a) / Cancellation u/s 50(1)(b/c/d) (per mark) | TM-U | ₹4,500 | ₹5,000 |
| 6 | Search & Certificate — standard (Rule 22(1)) | TM-C | ₹9,000 | ₹10,000 |
| 6 | Expedited Search & Certificate — (Rule 22(3)) — e-filing only | TM-C | ₹30,000 | Not Allowed |
| 7 | Extension of time / Certified copy / Duplicate Registration Certificate / Inspection of document / Amendment in TM application / Particulars of advertisement | TM-M | ₹900 | ₹1,000 |
| 7 | Deposition of regulations of collective TM u/s 66 / Alteration of certification TM regulations u/s 74(2) / Preliminary advice / Division of application | TM-M | ₹1,800 | ₹2,000 |
| 7 | Review of Registrar's decision / Petition for interlocutory matter in contested proceedings / Any other matter not covered by other TM forms | TM-M | ₹2,700 | ₹3,000 |
| 7 | Expedited Certificate / Certified copies under proviso to Rule 122 (per entry / per document) | TM-M | ₹4,500 | ₹5,000 |
| 7 | Expedited Examination under Rule 34 — Individual / Startup / Small Enterprise (e-filing only) | TM-M | ₹20,000 | Not Allowed |
| 7 | Expedited Examination under Rule 34 — All other cases (per class, per mark) (e-filing only) | TM-M | ₹40,000 | Not Allowed |
| 7 | Well-Known Trademark — Request for inclusion in the list (one mark only) — e-filing only | TM-M | ₹1,00,000 | Not Allowed |
| 8 | TM Agent Registration under Rules 147 & 149 | TM-G | ₹4,500 | ₹5,000 |
| 8 | Continuance of TM Agent in Register under Rule 150 — every 5 years | TM-G | ₹9,000 | ₹10,000 |
| — | International Application Handling Fee — transmission to International Bureau with MM2(E) (e-filing only) | — | ₹5,000 | Not Allowed |
• All fees are per class and per mark unless specifically stated otherwise.
• Individual / Startup / Small Enterprise benefit from reduced fees. Startups must be recognised by DPIIT. Small Enterprises must hold a valid Udyam Registration Certificate.
• E-filing (online through IP India portal) saves 10% on most fees and is mandatory for certain expedited services.
• Professional/agent fees charged by Gupta Chandan & Associates are separate from the government fees shown above.
• The above is the current fee schedule under the First Schedule, Trade Mark Rules, 2017. The old Trade Mark Rules 2002 fee schedule (TM-1, TM-2 format forms) is superseded; all new applications must use the TM-A and current forms under the 2017 Rules.
Copyright
Protect Your Creative Works
Copyright is an automatic legal right that arises the moment an original work is created and expressed in a tangible form — no registration is required for protection. However, voluntary registration with the Copyright Office (under the Copyright Act, 1957) creates a public record of ownership, serves as evidence in court proceedings, and is often required by publishers, broadcasters and international licensing bodies.
Copyright protection in India lasts the lifetime of the author plus 60 years for most categories. For anonymous works, posthumous works, photographs and government works, the term is 60 years from the date of publication. Copyright is automatically recognised in all countries that are signatories to the Berne Convention — which includes the USA, UK, EU and 170+ other countries.
Registration vs Automatic Protection: While copyright arises automatically, a registered copyright certificate is prima facie evidence of ownership in disputes. It is particularly important for software (computer programmes), literary works, music compositions, films and sound recordings where commercial exploitation and licensing are significant.
Types of Works Protected
| Category | Examples | Protection Period |
|---|---|---|
| Literary Works | Books, novels, articles, poems, academic papers, databases, tables, compilations | Author's life + 60 years |
| Computer Programmes | Software code, apps, operating systems, algorithms expressed in code, firmware | Author's life + 60 years |
| Artistic Works | Paintings, drawings, sculptures, photographs, maps, charts, architectural works | Author's life + 60 years |
| Musical Works | Compositions, melodies, sheet music (lyrics are a separate literary work) | Author's life + 60 years |
| Dramatic Works | Plays, scripts, screenplays, choreographic works, choreography notations | Author's life + 60 years |
| Cinematograph Films | Feature films, documentaries, animated films, reels, web series | 60 years from publication |
| Sound Recordings | Albums, tracks, podcasts, audio books (regardless of medium) | 60 years from publication |
| Broadcasts | Radio broadcasts, television broadcasts | 25 years from the year of broadcast |
Registration Process
Copyright Registration — Step by Step
Online applications are filed through the Copyright Office portal (copyright.gov.in). Processing takes approximately 1–3 months depending on type.
Prepare Documents
Gather the original work (or its representation), details of authorship, creation date, publication status, and proof of identity/address of applicant.
File Application
Submit Form XIV (or relevant form) online at copyright.gov.in or physically at the Copyright Office. Include copies of the work and pay the prescribed fee.
Diary Number
On receipt, the Copyright Office issues a Diary Number — confirming the application is filed. A mandatory waiting period of 30 days follows for third-party objections.
Scrutiny & Examination
The Examiner reviews the application for completeness and any discrepancies or objections. Reply to any queries within the specified period.
Registration Certificate
On successful examination, the Registrar of Copyrights issues the Registration Certificate. The work is entered in the Register of Copyrights — a public record.
Government Fees
Copyright Registration Fee Schedule
As per the Copyright Rules, 2013 (as amended). Fees are per work registered.
| Work Category | Form | E-Filing (₹) | Physical (₹) |
|---|---|---|---|
| Literary, Dramatic, Musical or Artistic work (other than those below) | Form XIV | 500 | 500 |
| Literary or Artistic work used or capable of being used in relation to goods | Form XIV | 2,000 | 2,000 |
| Computer Programme, Software, Multimedia work or Database | Form XIV | 2,000 | 2,000 |
| Cinematograph Film | Form XIV | 5,000 | 5,000 |
| Sound Recording | Form XIV | 2,000 | 2,000 |
Patent
Protect Your Inventions
A Patent is an exclusive statutory right granted to an inventor for a novel, non-obvious and industrially applicable invention — giving them the right to prevent others from making, using, selling or importing the patented invention for 20 years from the date of filing. Governed by the Patents Act, 1970 (as amended up to 2005) and the Patent Rules, 2003 (as amended).
India's Patent Office operates as an International Searching and Examining Authority (ISA/IPEA) since October 2013. Expedited Examination is available for Start-ups, Small Entities, Female Applicants, Government Undertakings and applicants who chose the Indian Patent Office as ISA or IPEA in a corresponding PCT application.
Provisional vs Complete Specification: Filing a Provisional Specification establishes your priority date immediately — giving you 12 months to file the Complete Specification. This is ideal when your invention is still being developed. Filing a Complete Specification directly skips the provisional stage but must fully describe the invention.
Types of Patent Applications
| Type | Description |
|---|---|
| Ordinary Application | Standard application filed directly at the Indian Patent Office — without claiming priority from any earlier application. Can be with Provisional or Complete Specification. |
| Convention Application | Filed claiming priority from an earlier application filed in a Paris Convention country — must be filed within 12 months of the priority date. |
| PCT National Phase Application | An international application under the Patent Cooperation Treaty (PCT) entering the Indian national phase — within 31 months of the earliest priority date. |
| Divisional Application | Filed when the original application contains more than one invention — to protect the distinct inventions separately. |
| Patent of Addition | For improvements or modifications to a main patent — expires along with the main patent; no separate renewal fee required. |
What Cannot Be Patented (India)
- Frivolous inventions contrary to natural laws
- Mere discoveries of natural phenomena / abstract theories
- Mathematical or business methods / algorithms / computer programmes per se
- New use of a known substance or method (without enhanced efficacy)
- Inventions contrary to public order or morality
- Plant/animal varieties, biological processes (except microbiological)
- Atomic energy-related inventions (reserved for Government)
Registration Process
Patent Filing — Step by Step
From provisional filing to grant, the standard timeline is 3–5 years. Expedited examination can reduce this to 1–2 years.
Patentability Search
Search Indian and international patent databases (Espacenet, Google Patents, IP India) to assess novelty and freedom-to-operate before investing in filing.
Draft Specification
Prepare Provisional Specification (general disclosure) or Complete Specification (detailed claims, abstract, drawings). Claims define the legal scope of protection.
File Application
File Form 1 (Application) + Form 2 (Specification) + Form 5 (Declaration of Inventorship) + Form 26 (Power of Attorney) at the appropriate Patent Office branch. Pay filing fee.
Publication
Application is published in the Official Patent Journal 18 months from filing (or priority date) — or earlier on request (Form 9). From publication, applicant has provisional protection.
Request Examination
File Form 18 (Request for Examination) within 48 months of the priority date. For expedited examination, file Form 18A. The Examiner issues a First Examination Report (FER).
Prosecution & Grant
Respond to FER within 6 months (extendable). After all objections are resolved, the Controller of Patents grants the patent. Annual renewal fees apply from the 3rd year.
Government Fees
Key Patent Government Fee Schedule
As per the First Schedule, Patent Rules, 2003 (as amended up to 2024). E-filing (online) attracts a 10% reduction in most fees.
| Purpose | Form | Natural Person / Startup / Small Entity E-Filing | Others E-Filing |
|---|---|---|---|
| Application with Provisional Specification | Form 1 + Form 2 | ₹1,600 | ₹8,000 |
| Application with Complete Specification | Form 1 + Form 2 | ₹1,600 | ₹8,000 |
| Complete Specification (filed after Provisional) | Form 2 | ₹1,600 | ₹8,000 |
| Request for Examination (standard) | Form 18 | ₹4,000 | ₹20,000 |
| Request for Expedited Examination | Form 18A | ₹8,000 | ₹60,000 |
| Annual Renewal Fee — Year 3 & 4 (each year) | Form 4 | ₹800 | ₹4,000 |
| Annual Renewal Fee — Year 5–10 (each year) | Form 4 | ₹2,400 | ₹12,000 |
| Annual Renewal Fee — Year 11–15 (each year) | Form 4 | ₹4,800 | ₹24,000 |
| Annual Renewal Fee — Year 16–20 (each year) | Form 4 | ₹8,000 | ₹40,000 |
| Restoration of Lapsed Patent | Form 15 | ₹2,400 | ₹12,000 |
| PCT National Phase Entry (India) | Form 1 + Form 2 | ₹6,400 | ₹32,000 |
• Natural Person / Startup / Small Entity — fees are ~80% lower than for large entities. Startups must hold a DPIIT recognition certificate. Small Entities must satisfy the definition under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006.
• Renewal fees are payable annually from the beginning of the 3rd year from the date of the patent application (or date of filing whichever is earlier). Non-payment leads to lapsing of the patent.
• Page charges and claim excess charges apply separately. Applications with more than 30 pages of complete specification or more than 10 claims attract additional fees per page/claim.
• PCT international phase fees (WIPO fees, ISA fees) are in addition to Indian national phase fees above.
Quick Reference
IPR Comparison at a Glance
Key differences across trademark, copyright and patent to help you identify which protection you need.
| Parameter | ™ Trademark | © Copyright | ⚙ Patent |
|---|---|---|---|
| What it protects | Brand identity — names, logos, slogans, sounds, trade dress | Original creative expression — literary, artistic, musical, software, film | Novel inventions — products, processes, methods, compositions |
| Governing law | Trade Marks Act, 1999 · Trade Mark Rules, 2017 | Copyright Act, 1957 · Copyright Rules, 2013 | Patents Act, 1970 (as amended) · Patent Rules, 2003 |
| Registration | Mandatory for ® rights; ™ available on filing | Automatic on creation; voluntary registration recommended | Mandatory — no protection without grant |
| Protection duration | 10 years from filing; infinitely renewable every 10 years | Author's life + 60 years (literary/artistic/musical); 60 years (films, recordings) | 20 years from filing date (non-renewable) |
| Territoriality | National (India); international via Madrid Protocol | Automatic in 180+ Berne Convention countries | National (India); international via PCT |
| Typical timeline | 12–24 months (standard); 3–6 months (expedited) | 1–3 months from filing | 3–5 years (standard); 1–2 years (expedited) |
| Government fee (start) | ₹4,500 (Individual e-filing, per class) | ₹500–₹5,000 depending on work type | ₹1,600 (Individual e-filing) |
| Renewal required | Yes — every 10 years | No renewal — automatic for full term | Yes — annually from year 3 (renewal fee, not re-examination) |
| Key requirement | Distinctive mark; not descriptive or deceptive | Originality and fixation in tangible form | Novelty + Non-obviousness + Industrial applicability |
FAQs
Frequently Asked Questions
Also Available
Related Services
International Trademark (Madrid Protocol)
File a single international trademark application through WIPO's Madrid System to protect your brand in 130+ countries — managed through the Indian Trade Marks Office as an office of origin.
IP Licensing & Assignment
Drafting and registration of trademark licensing agreements, copyright assignment deeds, patent licensing contracts and technology transfer agreements — ensuring legally enforceable documentation.
IP Due Diligence
Comprehensive IPR audit for mergers, acquisitions, investments and business transactions — covering ownership, validity, encumbrances, infringement risks and licensing obligations of all IP assets.
Infringement & Opposition
Handling trademark opposition proceedings, cease & desist notices, trademark infringement actions, rectification petitions before the Registrar / IPAB, and copyright or patent enforcement.
Design Registration
Registration of industrial and product designs under the Designs Act, 2000 — protecting the unique visual appearance of articles for 10 years (extendable by 5 years). Filing through IP India portal.
Free IP Consultation
Not sure which IP right protects your innovation? Speak with our team for a free assessment — we identify the right form of protection and build a cost-effective IP strategy for your business.
Protect Your IP
Ready to Register? Let's Protect What's Yours.
Expert Trademark, Copyright and Patent registration services — for individuals, startups, MSMEs, companies and trusts. Competitive professional fees. Transparent process.
