Who can apply for a trademark in India?
Any person who claims to own a mark can apply on Form TM-A. In practice the applicant is one of these:
- An individual, in their own name.
- A proprietor, also in their own name, often shown as "trading as" the business name. The proprietorship itself cannot own a mark because it has no legal existence apart from you.
- A partnership firm, with the partners named in the application.
- A company or LLP, in its registered name, once it has been incorporated.
The government e-filing fee is ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 per class for others. A company or LLP that is a small enterprise (with an Udyam certificate) or a DPIIT-recognised startup also pays ₹4,500 if it files the proof. So the lower fee is rarely a good reason to file in a founder's personal name.
Personal name or company name: how do they compare?
| Point | Trademark in your personal name | Trademark in the company's name |
|---|---|---|
| Who owns the brand | You, separately from the business | The company that sells under it |
| Government fee | ₹4,500 per class | ₹4,500 if a small enterprise or recognised startup, otherwise ₹9,000 |
| Raising money or selling the business | Investors or buyers will ask you to transfer it first | Already sits where due diligence expects it |
| If co-founders split | Stays with you | Stays with the company; shareholders decide |
| Using it in the company | Needs a written licence from you to the company | No licence needed |
| Amazon Brand Registry | You enrol as the rights owner; the selling account must be linked to you | The company enrols and sells from the same account |
| Moving it later | Assignment on Form TM-P, ₹9,000 per mark online, plus stamp duty | Not needed |
Why do investors and buyers want the trademark in the company?
For a D2C brand, the name is often the most valuable thing the business owns. When an investor or acquirer looks at the company, they check that it owns its key assets. A mark held by a founder is a gap: it has to be licensed or assigned before the deal closes, and the assignment costs government fees, stamp duty and time.
It also matters if founders fall out. If one co-founder holds the brand personally, the company can be left selling under a name it does not control. Putting the mark in the company from the start avoids that argument.
When does filing in your personal name make sense?
- You are a proprietor. There is no choice here: the mark goes in your name. See our guide on moving from a proprietorship to a Pvt Ltd for what happens to it later.
- The company does not exist yet and you want the filing date now. Priority in trademark law runs from the filing date. If incorporation is weeks away and someone else might file first, filing personally and assigning later can be the safer order.
- You deliberately keep brands in a separate holding entity. Some groups hold all trademarks in one entity and license them to operating companies. This needs a written licence and tax advice, and it is rarely worth it for a first brand.
If the trademark is yours but the company sells, what paperwork do you need?
Sign a written licence that lets the company use the mark, sets the goods it covers, and says what happens if the licence ends. Under the Trade Marks Act, 1999, use by a licensee with the owner's permission counts as use of the mark, so the licence protects the registration too. If the company pays you a royalty, it is income in your hands and an expense for the company, so ask your CA how to set the amount.
How do you move a trademark from your name to the company?
- Sign an assignment deed between you (assignor) and the company (assignee), stating whether goodwill is transferred with the mark.
- Pay stamp duty on the deed. The rate depends on the state and the stated consideration.
- File Form TM-P with the Trade Marks Registry. The e-filing fee is ₹9,000 per mark (₹10,000 on paper). A pending application can be transferred with the same form.
- Once the Registry records the change, update Amazon Brand Registry and any marketplace brand approvals to the new owner.
If you already know the company is coming, filing in the company's name after incorporation is cheaper than filing personally and paying for an assignment a few months later.
What does Amazon Brand Registry need?
Amazon accepts a registered trademark or a pending application, as a word mark or as a logo that contains words, letters or numbers. The application has to come from the trademark owner. The simplest set-up is one owner: the same entity holds the mark and the seller account. If the mark is in your name and the company sells, enrol as the rights owner and follow Amazon's current steps for giving the selling account access before you launch.
What mistakes do founders make with trademark ownership?
- Filing in a relative's or friend's name to save a fee, then having no control when relationships change.
- Letting the brand designer or a marketing agency file the application in its own name.
- Filing in the proprietorship's trade name as if it were a separate legal person.
- Filing personally before incorporation and never assigning the mark to the company.
- Two co-founders each assuming they own the brand, with nothing in writing.
What we'd check in your case
- Which entity sells today, and whether a company or LLP is planned in the next six months.
- Whether the company qualifies for the ₹4,500 fee as a small enterprise or recognised startup.
- Whether anyone else has filed a similar name, using the search in our brand name availability guide.
- Who will enrol in Amazon Brand Registry and from which seller account.
- Whether you need the name, the logo or both. See name vs logo trademarks.
If the brand should sit in a company that does not exist yet, we will say so and plan the order with you. Send us your brand name and structure on WhatsApp and we will reply with a fixed written quote. For timelines, see how long trademark registration takes.
Not sure how this applies to you? Tell us what you sell and where. We'll tell you what you need, and what you don't, in a free 15-minute fit check.
Ask on WhatsAppRelated questions
Can a proprietorship register a trademark in its business name?
The application is filed in the proprietor's own name, and the business name can be shown as the trading style. A proprietorship is not a separate legal person, so it cannot own the mark itself.
Can I transfer my trademark to my company later?
Yes. You sign an assignment deed, pay stamp duty as per your state, and file Form TM-P with the Trade Marks Registry. The government e-filing fee is ₹9,000 per mark, and a pending application can also be transferred.
Does my company pay ₹4,500 or ₹9,000 to file a trademark?
A company or LLP pays ₹4,500 per class if it is a small enterprise with an Udyam certificate or a DPIIT-recognised startup and files the proof. Otherwise the e-filing fee is ₹9,000 per class.
Can I use Amazon Brand Registry if the trademark is in my name and the company sells?
Amazon requires the trademark owner to enrol. If you own the mark and the company sells, you enrol as the rights owner and link the selling account under Amazon's current rules. Keeping the mark and the seller account in one entity is simpler.
Should co-founders register the trademark jointly?
Usually not. Joint personal ownership makes later decisions harder. Filing in the company's name, with shareholdings recorded in the company, is cleaner for most teams.
See our service: Trademark registration →
Sources
- IP India: Forms and Fees (Trade Marks Rules 2017)
- S.S. Rana: trademark assignment fee (Form TM-P)
- Intepat: trademark assignment in India (Section 45 filing)
- Trade Marks Act, 1999 (India Code)
- Amazon: Brand Registry requirements
General information based on rules as of November 2026, not legal or tax advice for your specific case. Rules change; we confirm what applies to you before any filing.