A step-by-step legal guide on filing TM-A trademark applications in India, covering applicant selection, class of goods and services, use claims, and online filing

 

Trademark registration in India begins with filing Form TM-A. A carefully drafted TM-A application lays the foundation for brand protection, determines the scope of rights, and significantly influences examination and enforcement outcomes.

Following are Step-wise Guide:

Step 1: Selecting the Type of Applicant

At the very first stage of TM-A filing, the portal requires the applicant to select the type of applicant, as visible in the interface:

• Individual / Sole Proprietor

• Startup

• Small Enterprise

• Others

Legal significance:

• This selection directly determines the government filing fee

• Startups and small enterprises must possess valid recognition certificates

• Wrong selection may lead to fee deficiency objections

Step 2: Selecting the Type of Application

The next screen requires choosing the nature of TM-A application, such as:

• Trade Marks Application

• Convention Application

• Multiclass Application

• Series Mark (single or multiclass)

• Collective Mark

• Certification Mark

• Convention-based Collective or Certification Marks

Practical guidance:

• “Trade Marks Application” is used for ordinary domestic filings

• Multiclass should be selected only if protection is sought in multiple classes

• Series marks require strict similarity standards under trademark law

• Collective and certification marks require separate regulations

This choice defines the scope and structure of the TM-A application.

Step 3: Entering the Trademark Class

The portal then asks for the class number before proceeding further.

• The applicant must enter the correct Nice Classification class

• Goods fall under Classes 1–34

• Services fall under Classes 35–45

Attorney insight:

Selecting the wrong class is one of the most common TM-A filing errors and often results in objections or refusal.

Step 4: Filling Applicant Details (Entity-wise)

The TM-A portal dynamically changes the Applicant Details section based on the category selected.  Following are list of applicant varities:

• Single Firm – Used where the business is owned and operated by one individual without a separate legal entity.

• Partnership Firm – Applicable where two or more persons jointly carry on business under a partnership deed.

• Limited Liability Partnership (LLP) – For businesses registered as LLPs under the LLP Act, having a distinct legal identity.

• Body Corporate – Used by private or public limited companies incorporated under the Companies Act.

• Joint Applicant – Where two or more persons jointly apply as co-owners of the trademark.

• Joint Firm – Applicable when two or more firms jointly own and apply for a trademark.

• Hindu Undivided Family (HUF) – Used where the trademark is owned by an HUF and represented through its Karta.

• Association of Persons (AOP) – For unincorporated groups formed for a common purpose, not amounting to a partnership.

• Society – Applicable to societies registered under the Societies Registration Act.

• Trust – Used where the trademark is owned and managed by a registered trust through its trustees.

• Other – Selected only when the applicant does not fall under any recognised legal category (used sparingly).

(a) Individual / Sole Proprietor

Fields include:

• Applicant name

• Address

• State, District, Country

• Email ID and phone number

• Legal status 

(b) Body Corporate / Company / LLP

Fields include:

• Name of organisation

• Registered office address

• Legal status (Body Incorporate / LLP)

(c) Partnership Firm

Additional field:

• Names of all partners

(d) Trust / Society

Additional fields:

• Managing Trustee / authorised person

• Trust or society details

Legal note:

Always select the applicant category that exactly matches your legal constitution. An incorrect selection may invalidate the application or require rectification later.

Step 5: Selecting the Category of Mark

In the Trademark Details section, the applicant must select the category of mark, such as:

• Word Mark

• Device (Logo)

• Colour Mark

• Shape of Goods

• Three-Dimensional Mark

• Sound Mark

Practice tip:

• Word marks offer broader protection

• Device marks require accurate logo upload

• Sound and 3D marks require special representations

Step 6: Declaring AI/ML-Based Public Search

The portal includes a declaration confirming that the applicant has conducted a public trademark search using the AI/ML-based search system.

The applicant must select:

• Yes 

 

Step 7: Language, Transliteration, and Translation (If Applicable)

If the trademark is not in Hindi or English, the portal mandates:

• Language selection

• Transliteration in Roman script

• English translation

This requirement is mandatory, and omission may delay examination.

Step 8: Conditions or Limitations (If Any)

Applicants may optionally specify:

• Territorial restrictions

• Mode of use limitations

• Specific disclaimers

Most standard applications leave this section blank unless strategic limitation is intended.

Step 9: Statement of Use

Applicants must declare one option only:

• Proposed to be used

• Already in use (with date)

Critical legal point:

• Date must be in DD/MM/YYYY format

• Prior use claims require user affidavit and supporting documents

• Once submitted, the statement of use cannot be changed later

Step 10: Submission and Legal Effect

After verification, the TM-A application is submitted electronically.

Immediate legal consequences:

• Application number is generated

• Applicant can use the ™ symbol

• Priority date is secured

Conclusion

TM-A filing is not a mechanical process—it is a legally determinative exercise where each field impacts registrability, enforcement, and future litigation. The screenshots you’ve shared reflect the current, live TM-A e-filing workflow, and applicants must approach it with legal precision.

For businesses serious about brand protection, attorney-guided TM-A filing significantly reduces risk and increases registration success.