Looking for expert help with Trademark logo registration? The team at Tax Garden, based in Kondapur, Hyderabad, helps Indian SMEs stay compliant. End-to-end filings, notices, and deadline tracking, all in one place.
Key Takeaways
- Government fee: Rs 4,500 per mark per class (e-filing) for individuals, recognised startups and small enterprises; Rs 9,000 for everyone else (First Schedule, Trade Marks Rules, 2017).
- The logo and the brand name are two separate marks. Registering a logo that contains your name does not give you exclusive rights in the name alone (Section 17, Trade Marks Act, 1999).
- File the logo in black and white unless colour is the point. A mark registered without colour limitation covers all colours (Section 10(2)).
- Logo file: clear and legible, not larger than 8 cm x 8 cm (Rule 26(1)).
- Own the artwork first. A freelance designer owns the copyright in your logo until they sign a written assignment (Sections 17 and 19, Copyright Act, 1957).
- ™ from day one, ® only after the certificate. Using ® on an unregistered mark is punishable with up to three years' imprisonment (Section 107).
- Reply to any objection within one month (Rule 33(4)) and watch the four-month opposition window after advertisement (Section 21(1)).
Your logo goes on every invoice, package, storefront and social post. That makes it the asset most likely to be copied, and the one founders most often leave unregistered or half-registered.
Using a logo does not make it yours in the way that registration does. Section 27(1) of the Trade Marks Act, 1999 says no one can sue for infringement of an unregistered trade mark. All you would have left is a passing-off action under Section 27(2), where you must prove reputation, misrepresentation and damage. Registration under Section 28 replaces that burden with a statutory exclusive right for the goods or services you register in.
This guide covers the decisions that actually determine what you end up owning: what a logo trademark protects, whether to file the name separately, how to prepare the image, which classes to pick, what you'll pay, and when ® becomes legal. Every rule and fee here is taken from the Trade Marks Act, 1999 and the Trade Marks Rules, 2017 as published on the IP India website. For the general filing process for any kind of mark, see our trademark registration guide.
Can a logo be registered as a trademark?
Yes. Section 2(1)(m) of the Act defines a "mark" to include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours, or any combination of these. A logo is a device mark, or a composite mark if it includes words.
To qualify as a trade mark, it must be capable of being represented graphically and capable of distinguishing your goods or services from those of others (Section 2(1)(zb)). A logo is refused under Section 9 if it lacks distinctive character, merely describes the goods, or uses symbols that are customary in the trade. It is refused under Section 11 if it is identical or deceptively similar to an earlier mark for similar goods or services.
| Type of mark | What it is | Example |
|---|---|---|
| Wordmark | The brand name in plain text, no styling | KALVIO |
| Device mark | A pure graphic with no words | A stylised leaf emblem |
| Composite mark (logo) | Graphic and words together, as one image | The leaf emblem with "Kalvio" in a custom font |
| Colour combination | Specific colours claimed as distinctive | A two-colour band on packaging |
| Shape or 3D mark | The shape of goods or packaging | A distinctive bottle shape |
| Sound mark | An audio signature, filed as MP3 up to 30 seconds (Rule 26(5)) | A jingle |
Most small-business logos are composite marks. That is exactly where the most common mistake is made.
Logo vs wordmark: why one application is usually not enough
Section 17(1) of the Act says that when a trade mark consists of several matters, registration gives the owner the exclusive right to use the mark taken as a whole. Section 17(2) goes further: registration does not confer any exclusive right in a part of the mark that is not separately applied for or registered, or in matter that is common to the trade or non-distinctive.
In practice, if you register only your composite logo:
- You own the logo as a whole, not the word "Kalvio" on its own.
- A competitor using "Kalvio" in plain text or a different design forces you to argue deceptive similarity to the whole logo, which is harder than relying on a registered wordmark.
- When you redesign the logo in three years, the new design is not covered and needs a fresh application with a new filing date.
| Wordmark application | Logo application | |
|---|---|---|
| Protects | The name, in any font, colour or style | The specific design as filed |
| Survives a rebrand of the logo | Yes | No, a new design needs a new application |
| Best against | Someone using the same or similar name | Someone copying your visual identity |
| Fee (per class, e-filing) | Rs 4,500 or Rs 9,000 | Rs 4,500 or Rs 9,000 |
| Filing date | Its own | Its own |
Section 15(1) expressly allows an owner to register the whole mark and its parts as separate trade marks, and each part must independently meet the registration conditions (Section 15(2)).
Our usual advice: file the wordmark and the logo as two applications. If budget allows only one, start with the wordmark. The name travels across every medium and every future redesign; the logo does not.
Preparing your logo for filing
The image you upload is what gets registered. Small choices here change the scope of your protection.
Size and clarity
Rule 26(1) of the Trade Marks Rules, 2017 requires a clear and legible representation of the mark, not exceeding 8 cm x 8 cm. Upload the logo alone on a plain white background: no mockups, no product photos, no watermarks, no taglines you don't want registered. Under Rule 26(6) the Registrar can ask for a substitute representation if not satisfied, which delays the application.
Black and white or colour
Section 10(2) of the Act says a trade mark registered without limitation of colour is deemed to be registered for all colours. Filing in black and white therefore covers your logo in every colour scheme you might use later.
File in colour only when the colour combination is itself distinctive. In that case, Rule 26(2) requires the application to include the logo reproduced in the claimed colours, and Section 10(1) says the colour limitation will be taken into account when judging distinctiveness. The trade-off is that a colour-limited registration is narrower.
Words in other scripts
If the logo contains words in a script other than Hindi or English, Rule 28 requires a transliteration and translation into English or Hindi, and the language must be stated. Have this ready before filing.
Names or faces of real people
If your logo uses a person's name or image, Rule 29 lets the Registrar ask for that person's written consent (or their legal representative's, if they died within the last twenty years).
Who owns the logo artwork: settle this before filing
This step is skipped more often than any other. Your trademark application claims that you are the proprietor of the mark (Section 18(1)). But the artwork itself is an artistic work under the Copyright Act, 1957, and copyright follows different rules.
Under Section 17 of the Copyright Act, the author of a work is its first owner. The employer becomes first owner only where the work is made by an employee in the course of employment under a contract of service. A logo commissioned from a freelance designer or an agency is not covered by that exception, so the designer owns the copyright unless it is assigned to you.
Section 19 of the Copyright Act sets out what a valid assignment needs:
- It must be in writing and signed by the assignor (Section 19(1)).
- It must identify the work and specify the rights assigned, the duration and the territory (Section 19(2)).
- If the duration is not stated, it is deemed to be five years; if the territory is not stated, it is presumed to be India (Sections 19(5) and 19(6)).
So a vague "you own the files" email is not enough. Get a signed assignment that names the logo, assigns all rights, and states the duration and worldwide territory before you file the trademark. A copyright owner who never assigned can create real problems at an opposition or in an infringement case.
Registering copyright in the logo as well
You can also register the logo as an artistic work with the Copyright Office. The proviso to Section 45(1) of the Copyright Act requires that, for an artistic work used or capable of being used on goods or services, the application must carry a certificate from the Registrar of Trade Marks that no identical or deceptively similar mark is registered or applied for by anyone else. You request that certificate on Form TM-C under Rule 22 of the Trade Marks Rules (Rs 9,000 by e-filing), and it is ordinarily issued within thirty working days.
For the difference between these protections, see trademark vs copyright vs patent.
Choosing the right class for your logo
Rule 20 of the Trade Marks Rules, 2017 requires goods and services to be classified under the current edition of the Nice Classification published by WIPO. It has 45 classes: Classes 1 to 34 for goods and 35 to 45 for services. Your registration protects the mark only for the goods or services in the classes you file in (Section 28(1)), so the class decision is as important as the logo itself.
Section 18(2) lets you cover several classes in a single application, but the fee is charged per class.
| Class | Covers (broad heading) | Typical applicant |
|---|---|---|
| 9 | Recorded and downloadable software, apps, electronic devices | App and software product businesses |
| 25 | Clothing, footwear, headwear | Apparel and footwear brands |
| 29 / 30 | Processed foods / staples, snacks, spices, beverages based on coffee or tea | Packaged food brands |
| 35 | Advertising, business management, retail and online store services | E-commerce stores, agencies, marketplaces |
| 41 | Education, training, entertainment | Coaching, ed-tech, content creators |
| 42 | Scientific and technological services, software as a service | SaaS and IT service companies |
| 43 | Restaurant, cafe and catering services | Restaurants, cloud kitchens |
| 44 | Medical, beauty and hygiene services | Clinics, salons |
A common gap: a SaaS company files only in Class 9 (downloadable software) and leaves the hosted service it actually sells, which falls in Class 42, unprotected. If the Registrar finds your goods fall in additional classes, Rule 23(6) makes you either restrict the specification or add classes on Form TM-M with the extra fee.
Our Nice classification guide walks through all 45 classes with examples.
Government fees for logo trademark registration
All figures are from the First Schedule to the Trade Marks Rules, 2017.
| Item | Form | Individual / Startup / Small Enterprise (e-filing) | All others (e-filing) |
|---|---|---|---|
| New application, per mark per class | TM-A | Rs 4,500 | Rs 9,000 |
| Same, physical filing | TM-A | Rs 5,000 | Rs 10,000 |
| Expedited processing, per mark per class | TM-M (Rule 34) | Rs 20,000 | Rs 40,000 |
| Search certificate for copyright registration | TM-C (Rule 22) | Rs 9,000 | Rs 9,000 |
| Renewal, per class | TM-R | Rs 9,000 | Rs 9,000 |
| Notice of opposition or counter-statement, per class | TM-O | Rs 2,700 | Rs 2,700 |
Expedited processing is available by e-filing only.
Who gets the Rs 4,500 rate
Rule 2(1) of the Trade Marks Rules defines the two concessional categories, and Form TM-A says that for a startup or small enterprise "requisite certificate should be provided".
| Category | Definition in the Rules | Evidence to keep ready |
|---|---|---|
| Individual | A natural person applying in their own name | Not applicable |
| Startup | Recognised as a startup by the competent authority under the Startup India initiative | DPIIT recognition certificate |
| Small enterprise | Investment within the limit for a medium enterprise under Section 7(1) of the MSMED Act, 2006 | Udyam registration certificate |
Note that the Rules peg "small enterprise" to the medium enterprise limit, so most private limited companies, LLPs and firms that are MSMEs qualify, as long as they hold the certificate at filing. A company without Udyam or DPIIT pays Rs 9,000 per class. Udyam registration is free, so get it first.
Worked example
A DPIIT-recognised SaaS startup wants to protect its name and logo for its app (Class 9) and its hosted platform (Class 42):
| Filing | Calculation | Government fee |
|---|---|---|
| Wordmark, Classes 9 and 42 | 2 classes x Rs 4,500 | Rs 9,000 |
| Logo, Classes 9 and 42 | 2 classes x Rs 4,500 | Rs 9,000 |
| Total | Rs 18,000 |
The same company without a DPIIT or Udyam certificate would pay 4 x Rs 9,000 = Rs 36,000. Professional fees for search, drafting and objection handling are separate.
Documents needed
| Document | Why |
|---|---|
| Logo image (JPG, within 8 cm x 8 cm) | The representation that gets registered (Rule 26) |
| Applicant's name, address and principal place of business in India | Required on TM-A (Rule 16); a partnership must name every partner (Rule 15(2)) |
| Startup or small enterprise certificate | Needed to claim the Rs 4,500 rate |
| Form TM-M authorisation | Only if an agent or advocate files for you (Rule 19); the old TM-48 form belongs to the 2002 Rules |
| Affidavit of use with supporting documents | Only if you claim use before the filing date (Rule 25(2)) |
| Copyright assignment from the designer | Not filed with TM-A, but keep it on record |
Claim your date of first use
Rule 25(1) requires the application to state the period of use, unless the mark is only proposed to be used. If you have been using the logo already, claim that date and support it with an affidavit and dated invoices, packaging or ads (Rule 25(2)). Prior continuous use matters: Section 34 protects a user whose continuous use began before a later registrant's use or registration.
Step-by-step: registering your logo
Step-by-Step Guide
Logo Trademark Registration in India
From clearance search to registration certificate
Search the logo and the name
Use the IP India public search for the wordmark (identical and phonetic) and the Vienna code search for the device, in every class you plan to file.
SearchSecure the artwork
Take a signed copyright assignment from the designer that names the logo and states rights, duration and territory (Copyright Act s.19).
OwnershipDecide marks and classes
Usually a wordmark plus a black-and-white logo, in every class you actually trade or plan to trade in.
StrategyFile Form TM-A
E-file on the IP India portal with the logo (max 8 cm x 8 cm), specification of goods or services, user date and category certificate. Pay Rs 4,500 or Rs 9,000 per mark per class.
TM-AUse the TM symbol
Once filed, you can mark the logo with TM to signal your claim. It has no statutory effect, and ® is not allowed yet.
TMExamination
The Registrar examines the mark and searches earlier marks (Rule 33(1)). You get either acceptance or an examination report.
ExamReply within one month
If objected, reply within one month of receiving the report or the application may be treated as abandoned (Rule 33(4)). A hearing follows if the reply is not accepted (Rule 33(6)).
ReplyJournal advertisement
Accepted marks are advertised in the Trade Marks Journal. Anyone can oppose within four months (Section 21(1)).
JournalRegistration certificate
If unopposed, or the opposition is decided in your favour, the mark is registered as of the application date and a certificate issues (Section 23). Now you may use ®.
®Source: Trade Marks Act, 1999 (ss. 21, 23); Trade Marks Rules, 2017 (Rules 26, 33); Copyright Act, 1957 (s. 19)
For searching a logo by its Vienna code, see our trademark search guide. A clean search does not guarantee acceptance, but it avoids most Section 11 objections.
Objections, hearings and opposition
An examination report is not a refusal. It lists the Registrar's objections under Section 9 (distinctiveness, descriptiveness) or Section 11 (conflict with earlier marks), and you answer in writing.
- Reply deadline: one month from receipt of the examination report (Rule 33(4)).
- Hearing: if the reply is not satisfactory or you ask for one (Rule 33(6)); hearings can be held by video conference (Rule 115).
- No reply and no appearance: the application may be treated as abandoned (Rule 33(7)).
- Government fee for the reply: none.
Our trademark objection reply guide covers the reply format and evidence in detail.
Opposition is different: it is a third party's challenge after advertisement, filed on Form TM-O within four months of the Journal date (Section 21(1), as amended in 2010). You must file a counter-statement within two months of receiving the notice, or your application is deemed abandoned (Section 21(2)). Evidence then follows a fixed sequence: opponent within two months (Rule 45), applicant within two months (Rule 46), opponent's reply within one month (Rule 47). See our objection vs opposition guide.
How long it takes
The Act sets no overall deadline for the Registry. The fixed parts are the one-month reply window and the four-month opposition window, so even a smooth application takes well over four months from acceptance. If timing matters for a launch, funding round or marketplace brand registry, Rule 34 expedited processing gets the application examined ordinarily within three months of the request, with the later stages also handled expeditiously.
TM vs ®: when each symbol is legal
| Symbol | When you can use it | Legal effect |
|---|---|---|
| ™ | Any time, including before and after filing | None under the Act. It only signals that you claim the mark |
| ® | Only after the registration certificate is issued | Signals a registered mark with Section 28 exclusive rights |
What Section 107 actually prohibits
Section 107(1) makes it an offence to represent:
- (a) an unregistered mark as registered;
- (b) a part of a registered mark as separately registered, when it is not;
- (c) a registered mark as registered for goods or services it is not registered for;
- (d) that registration gives an exclusive right where a limitation on the register means it does not.
Section 107(3) treats the word "registered" or any symbol referring to registration, which includes ®, as a reference to registration on the Indian register. The penalty under Section 107(2) is imprisonment up to three years, or fine, or both.
Clauses (b) and (c) catch registered owners too. If only your composite logo is registered, putting ® next to the brand name alone is a representation under clause (b). If your logo is registered in Class 25 for clothing, putting ® on your bags (Class 18) is a representation under clause (c). Use ® only on the exact mark, for the exact classes, on the register.
Validity and renewal
- Validity: ten years (Section 25(1)), counted from the application date, because Section 23(1) treats the application date as the date of registration. A logo filed in November 2026 falls due for renewal in November 2036, even if the certificate arrives later.
- Renewal: Form TM-R, filed up to one year before expiry (Rule 57), for a further ten years. Rs 9,000 per class by e-filing.
- Missed it: you can still renew within six months after expiry with a surcharge (Section 25(3) proviso; Rs 4,500 surcharge plus the renewal fee). Between six months and one year, you can apply for restoration (Section 25(4), Rule 60), which is at the Registrar's discretion.
If you later sell the brand or move it into a new company, the registration is transferred by assignment; see our trademark assignment guide.
Common mistakes with logo trademarks
| Mistake | What it costs you |
|---|---|
| Registering only the composite logo | No exclusive right in the name alone (Section 17(2)) |
| Filing the logo in brand colours without needing to | A narrower, colour-limited registration instead of all colours (Section 10) |
| No written copyright assignment from the designer | The designer still owns the artwork, which can undermine your claim |
| Uploading a mockup or a low-resolution file | Registrar asks for a fresh representation (Rule 26(6)) |
| Wrong or too few classes | No protection where you actually trade |
| Claiming Rs 4,500 without a DPIIT or Udyam certificate | Fee shortfall and processing delay |
| Not claiming prior use | Weaker position against a later filer (Section 34) |
| Missing the one-month objection reply | Application may be treated as abandoned (Rule 33(4)) |
| Using ® after filing but before registration | Offence under Section 107, up to three years' imprisonment |
If you are setting up a new company, file the trademark in the company's name rather than a founder's, or plan an assignment later. Our private limited company registration guide covers the incorporation side.
Sources:
- Trade Marks Act, 1999: Sections 2, 9, 10, 11, 15, 17, 18, 21, 23, 25, 27, 28, 34, 107 and 145 (IP India)
- Trade Marks (Amendment) Act, 2010: Section 21(1) four-month opposition period (IP India)
- Trade Marks Rules, 2017: Rules 2, 15, 16, 19, 20, 22, 23, 25, 26, 28, 29, 33, 34, 45 to 47, 57 to 60, 115, the First Schedule (fees) and Form TM-A (IP India)
- Copyright Act, 1957: Sections 17, 19 and 45 (IP India)
