GST & Business
Trademark Registration Eligibility
Decision aidQuick answer: The FinTax24 Trademark Registration Eligibility Checker maps your mark type, Nice class selection, prior-use claim, descriptiveness risk and prior-search status to a registrability verdict — citing the Trade Marks Act 1999 + Trade Marks Rules 2017 (Nice Classification, 45 classes).
Trademark Registration Eligibility
Determine if your mark is registrable as a trademark  checks distinctiveness, Nice class selection, prior-use risk and filing strategy.
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Disclaimer: Results are for indicative purposes only and may vary based on actual rates, rules, and policies. Please consult a FinTax24 expert for binding advice.
How to use this calculator
Follow these 5 steps for an accurate result.
- 1
Pick mark type
Wordmark / logo / slogan / combined — drives the filing form and government fee.
- 2
Pick Nice class
Match your primary goods or services to a class 1-45. Class 25 = clothing, 9 = software, 43 = restaurant.
- 3
Flag prior use
12+ months of continuous use gives Section 34 advantage against later conflicting applications.
- 4
Confirm prior search
A trademark search (₹1,500-3,000) on ipindia.gov.in reduces Section 11 objection risk.
- 5
Read verdict + recommended action
See "Eligible / Wrong Nice class / Likely refused (descriptive) / Eligible but file a prior search first" + recommended action.
Key takeaways
- Purely descriptive marks are barred under Section 9(1)(b) — only 5+ years of acquired distinctiveness can save them.
- Nice classes 1-34 = goods; 35-45 = services. Wrong class triggers examiner objection.
- Prior use of 12+ months may qualify for "well-known mark" recognition (Section 11).
- Filing without a prior search risks examiner objection + opposition hearing under Section 11.
Frequently asked questions
Quick answers to common questions about trademark registration eligibility.
What is the cost of filing a trademark in India?
Government fee: ₹4,500 for individuals / startups / small entities (Form TM-A online), ₹9,500 for others. Professional fee: ₹1,500-5,000 for filing + ₹2,500-5,000 for response to examination report.
How long does trademark registration take?
Typically 8-18 months from filing to registration. The first 3-4 months see examination + examination report; the next 4-12 months are the opposition window. Registration certificate is issued if no opposition succeeds.
Can I file for multiple Nice classes in one application?
Yes — multi-class filing is allowed but the government fee is multiplied per class. Most startups file 1-2 classes initially and add classes via subsequent applications.
What is the validity of a registered trademark?
10 years from the registration date. Renewable indefinitely for successive 10-year periods. Non-use for 5+ years can trigger a Section 47 removal application by any third party.
Sources & authority: For regulations on trademark registration eligibility, refer to gst.gov.in, mca.gov.in, incometax.gov.in, rbi.org.in, Trade Marks Act 1999, Trade Marks Rules 2017, IPIndia trademark search.
Last reviewed by: FinTax24 Compliance Desk · Reviewed on:
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