Should you register your trademark before you franchise in India? Yes. Indian law does not ban franchising an unregistered brand, but a franchise is a licence to use your brand, so the brand must be secure first. File under the Trade Marks Act 1999 before you sign your first franchisee, in every class your business uses, in the name of the entity that will sign the agreements. The government e-filing fee is ₹4,500 per class for individuals, startups and small enterprises and ₹9,000 per class for others. A registration lasts 10 years and can be renewed indefinitely.
Your franchisee pays for the right to trade under your name. If someone else owns that name, or can challenge it, the whole network sits on weak ground. That is why The Franchise Insiider (TFI) asks about the trademark in the first conversation.
Quick note: this guide is general information, not legal advice. TFI is a franchise advisory firm, not a law firm. Work with a registered trademark attorney or agent for searches, filing and objections. We help you get the franchise system and structure ready around it.
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Why the trademark comes before the first franchise
Registration gives you the exclusive right to use the mark for the registered goods and services, and the right to sue for infringement (Section 28). Section 27 bars infringement suits for unregistered marks. You keep only passing off, where you must prove goodwill, misrepresentation and damage. That is slower and less certain.
Serious buyers check too. A careful investor searches the IP India register to see who owns your brand, as our guide to franchise law in India recommends. A pending application is rarely a deal breaker. A hidden problem usually is.
What goes wrong when you franchise an unregistered mark
- An earlier user elsewhere. A business in another state may have used a similar name before you. Section 34 protects a prior continuous user, even against a registered owner whose use began later. Finding this after ten outlets means rebranding the whole network.
- A rival files first. Someone applies for your name in a class you ignored, and you spend on oppositions instead of expansion.
- A former franchisee keeps the name. With registration you can sue for infringement. Without it, you must prove passing off.
- The wrong owner. The mark sits in the founder's name while the company signs franchise agreements. Fix it with an assignment or a written licence.
- A distant court. For infringement of a registered mark, Section 134(2) lets you sue where you carry on business. A pure passing off claim does not get that option.
How trademark registration works in India, step by step
- Search first. Run the free IP India public search for identical, similar and phonetic matches in your classes and related ones. Also check company names, domains and marketplaces in your target cities.
- Choose the applicant: the entity that will license the brand.
- Pick classes and write the specification. India uses the Nice Classification: classes 1 to 34 are goods, 35 to 45 are services. One application can cover several classes, with a fee per class.
- State your use. File on a "proposed to be used" basis, or claim a date of first use. A prior-use claim needs an affidavit with supporting documents, such as dated invoices. An older, provable date strengthens you against later filers.
- File Form TM-A online and get an application number.
- Examination. If the Registry raises objections, reply within one month of receiving the examination report, or the application may be treated as abandoned. A hearing may follow.
- Publication and opposition. Once accepted, the mark is advertised in the Trade Marks Journal. Anyone can oppose it within four months of that publication.
- Registration. With no opposition, or after you win one, the mark is registered as of your application date.
- Renewal. Registration lasts 10 years. Renew up to one year before expiry. A six-month surcharge window and restoration within one year of expiry exist as fallbacks.
How long it really takes
The law sets firm deadlines for applicants, but no fixed deadline for ordinary examination. Practitioners report that even a clean application often takes a year or more. Objections and oppositions add months. Expedited processing on Form TM-M means examination ordinarily within three months, but the four-month opposition window still applies. So file early, then franchise on a pending application you disclose honestly.
Official government fees for trademark e-filing
These are the official fees from the First Schedule of the Trade Marks Rules 2017, as published by IP India. Attorney fees are separate.
| Filing | Individual, startup or small enterprise | All others |
|---|---|---|
| New application (TM-A), per class | ₹4,500 online, ₹5,000 on paper | ₹9,000 online, ₹10,000 on paper |
| Expedited processing (TM-M), per class | ₹20,000 (online only) | ₹40,000 (online only) |
| Opposition or counter-statement (TM-O), per class | ₹2,700 online | |
| Renewal every 10 years (TM-R), per class | ₹9,000 online | |
| Registered user application (TM-U), per mark | ₹4,500 online | |
| Recording a new owner after assignment (TM-P), per mark | ₹9,000 online | |
"Startup" means an entity recognised under Startup India. "Small enterprise" is defined by MSME investment limits, so a private limited company can qualify. Keep proof ready.
Which trademark classes a franchise brand should consider
Protect what you sell, serve and supply to franchisees. Treat this table as a starting point for your attorney, not the final specification.
| Business type | Core class | Often added |
|---|---|---|
| Restaurant, cafe, QSR, cloud kitchen | 43 (providing food and drink) | 30 (coffee, tea, bakery, sauces, spices), 29 (dairy and other animal or vegetable-based foods), 32 (non-alcoholic drinks), 35 |
| Packaged snack or sweets brand with outlets | 30 or 29, depending on the product | 35 (retail services), 43 if you also serve food |
| Apparel or footwear retail | 35 (retail services) | 25 (clothing, footwear, headwear) |
| Salon, spa, beauty clinic | 44 (hygienic and beauty care) | 3 (cosmetics and toiletries), 41 (training academy) |
| Coaching, preschool, skill training | 41 (education and training) | 9 (apps and downloadable content), 16 (printed and teaching materials) |
| Gym or fitness studio | 41 (sports and fitness training) | 25 (branded apparel), 35 |
| Equipment sales, installation and service | 37 (installation and repair) | The goods class for your product, such as 7 for machines, plus 35 |
Franchising itself has no separate class. Under the Nice general remarks, franchise services are classified by what the franchisor provides, and business advice relating to franchising falls in Class 35. Most franchisors add Class 35.
Licensing the mark to franchisees: permitted user or registered user
Once your mark is registered, a franchisee can use it as a permitted user, with your consent in a written agreement (Section 2(1)(r)). Section 48(2) treats permitted use as your use, which helps defend the mark against removal for non-use.
Registering a franchisee as a registered user under Section 49 is optional. It needs a joint application with the agreement and an affidavit on your quality control. A registered user can sue for infringement in its own name (Section 52); a permitted user cannot (Section 53). It can suit a master franchisee who polices a region.
Either way, put the licence in writing and match it to your system: approved goods and services, quality checks and de-branding on exit. Before registration, the licence is a contract right and protection against outsiders rests on passing off.
™ or ®: what your outlets can print
The ™ symbol has no statutory status; use it on any mark you claim. The ® symbol is only for a registered mark, for the goods or services it covers. Section 107 makes it an offence to represent an unregistered mark as registered. Specify the right symbol in your brand standards manual.
Pre-franchise trademark checklist
- Clearance search done on the IP India register and beyond.
- Applicant is the franchising entity, or a written licence from the owner to that entity is signed.
- Classes mapped to what you sell, serve and supply to franchisees, including Class 35.
- Word mark filed, plus the logo if it matters.
- Use date claimed correctly, with evidence for any prior-use claim.
- Deadlines diarised: one-month objection reply, opposition window, 10-year renewal.
- Licence clause in the franchise agreement, drafted by your lawyer.
- Honest disclosure: registered, pending or opposed.
- Brand standards manual shows correct ™ or ® use.
What TFI does, and when to call a trademark attorney
The Franchise Insiider was founded in 2014 in Ahmedabad under Clevism Private Limited, led by Founder & MD Dhinal Baxi and Co-Founder Sameer Desai. We design franchise systems. In our DB-7 method (Discover, Blueprint, Build, Deploy, Track, Scale, Harvest), we raise the trademark question early, in Discover: who owns the brand, what the franchise will carry, and whether expansion should wait for filing.
Our DB-FF (DB Franchise Framework) builds the system your lawyer works from: model, unit economics, operations manual and brand standards. For Chatkaro, DB-FF came before selling, and the brand finalized its first franchise within 2 months of onboarding.
Call a registered trademark attorney or agent for the clearance opinion, filing, objection replies, hearings, oppositions, registered user and assignment filings, and enforcement. We work alongside your attorney, never in place of them.
Disclaimer
This article is general information as of September 2026, not legal advice. Fees and procedures change. Consult a registered trademark attorney or agent before filing, licensing or enforcing a trademark.
Protect the brand, then franchise it
If you are planning your first franchise, start with readiness. Read whether your business is ready to franchise and our pillar guide on how to franchise your business in India. Then take the free Franchise Eligibility Test (FET), or talk to us about DB-FF. More guides are in The Almanack.
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Trademark registration before franchising: FAQs
Can I franchise my brand in India without a registered trademark?
The law does not stop you, but it is risky. Section 27 of the Trade Marks Act 1999 bars infringement suits for unregistered marks, so you must rely on passing off. At minimum, file before you sign the first franchisee and tell prospects that registration is pending.
How much does trademark registration cost in India?
The government fee for filing Form TM-A online is ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 per class for others. Paper filing costs ₹5,000 and ₹10,000. Attorney fees are extra. Renewal is ₹9,000 per class online every 10 years.
How long does trademark registration take in India?
There is no fixed timeline for examination. You must reply to an examination report within one month. After acceptance, the mark is published in the Trade Marks Journal and can be opposed within four months. A clean application often takes a year or more. Expedited processing costs more.
Which trademark class covers a restaurant or cafe franchise?
Class 43 covers services for providing food and drink, so it is the core class for restaurants, cafes and cloud kitchens. Food brands often add Class 30 (coffee, tea, bakery, sauces, spices), Class 29, Class 32 (non-alcoholic drinks) and Class 35.
Do I have to register my franchisees as registered users?
No. Registered user registration under Sections 48 and 49 is optional. A franchisee can use your registered mark as a permitted user under a written agreement, and that use counts as yours. But only a registered user can sue for infringement in its own name.
When can my franchise outlets use the ® symbol?
Only after registration, and only for the registered goods or services. Representing an unregistered mark as registered is an offence under Section 107 of the Trade Marks Act. Before that, use ™, which only signals that you claim the mark.
Should the trademark be in the founder's name or the company's name?
Ideally, the entity that signs franchise agreements. If the founder owns it, assign it to the company and record the assignment with the Registry, or sign a written licence from founder to company before you sign franchisees.