India is fundamentally a first-to-use jurisdiction. Under Section 34 of the Trade Marks Act, 1999, the rights of a prior continuous user prevail over a later registrant, and the common-law action of passing off protects prior use. That said, proving prior use is slow and expensive, and someone who registers first can still drag you into opposition and rectification — so registering early is your cheapest, strongest protection.

If the application is not objected to or opposed, registration typically takes around 18 to 24 months; a clean mark can clear faster, while examination objections or third-party opposition extend it. You can use the TM symbol and build rights from the date of filing, and a granted registration is valid for 10 years and renewable.

An examination report usually raises objections under Section 9 (descriptive or non-distinctive marks) or Section 11 (conflict with earlier marks). You file a written reply with evidence and arguments within the stated period, and if needed there is a hearing. A well-argued reply at this stage is far cheaper than an opposition or rectification later.

India follows the NICE classification of 45 classes — goods in classes 1 to 34 and services in classes 35 to 45. You file in the classes that match what you actually sell: for a D2C brand that may be the product class plus retail services in Class 35; for a SaaS company, typically Class 42 for software and technology, and often Class 9. Filing in too few or the wrong classes leaves gaps a competitor can exploit, so we map classes to your real and near-term business.

It depends on what you are protecting. Software is protected by copyright as a literary work by default; patents are available for genuine technical inventions, but computer programs on their own are excluded, so patentability turns on a demonstrable technical effect. Because our team reads the architecture and not just the paperwork, we can tell you which assets are patentable, which are better kept as trade secrets, and which need copyright or design protection.

A registered patent agent can draft and prosecute patent applications before the patent office; an advocate handles the legal side — enforcement, licensing, disputes and court or tribunal work — and can advise on strategy across trademarks, copyright and designs. For anything contentious or contractual you need the lawyer; for drafting a patent specification you need agent capability. We bring both perspectives to the table.

Trademark cost has two parts: a government filing fee payable to the registry, and our professional fee. The government fee is charged per class you file in and is lower for individuals, startups and recognised MSMEs than for larger companies. Our professional fee is scoped and quoted upfront before you file, with no hourly billing, so you know the full picture before committing.