Brand protection is now a standard advisory area for CAs and CS professionals supporting startups and MSME clients. Here's a practitioner-focused overview.
Legal Basis and What Can Be Registered
Trademarks in India are governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. A trademark can be a word, logo, symbol, numeral, colour combination, sound, or shape of goods/packaging essentially anything capable of distinguishing one enterprise's goods or services from another's. India follows a "first-to-use" principle, meaning actual prior use of a mark can establish rights even ahead of a later applicant's filing, though registration provides substantially stronger, easier-to-enforce protection under Section 28.
Filing Process and Cost
Applications are filed in Form TM-A with the Trade Marks Registry, with the government filing fee starting at ₹4,500 per class for individuals, startups, and small enterprises filing online (₹9,000 for other entities). Registration typically takes 12 to 18 months, factoring in examination, publication in the Trade Marks Journal, opposition period (if any), and final registration. Once granted, protection is valid for 10 years, renewable indefinitely in further 10-year blocks.
2026 Updates Worth Flagging to Clients
- Mandatory Digital Signature Certificate (DSC) integration for all trademark filings, aligning trademark filings with broader MCA-style digital compliance standards.
- Revised guidelines for "well-known" trademark recognition under Section 11(2), simplifying the process for established brands seeking broader cross-class protection.
- Automated notifications and alerts for deadlines, oppositions, and hearings via email/SMS — reducing the risk of missed response windows that previously led to abandoned applications.
- The Registry has also signalled a filing fee revision in August 2026 alongside these procedural updates — professionals should verify current fee schedules directly on the IP India portal before advising clients, since exact revised figures were still being rolled out at the time of writing.
- Simplified Madrid Protocol filings for international trademark extension, easing the path for Indian businesses expanding overseas.
Practical Advisory Note
With India recording over 7.5 lakh trademark applications in FY 2024-25, growing roughly 15% year-on-year, early filing has become a genuine competitive necessity, not just a legal formality. Advising clients to file at the idea/incorporation stage (rather than waiting for revenue traction) significantly reduces the risk of losing a mark to a later, faster filer in the same class.
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