Under the Indian trademark act of 1999, prior use of a trademark or service mark can grant certain rights. However, full and effective protection is only achieved once the mark is registered under one or more of the 45 available classes.
Trademarks are registered directly before the Indian Trade Marks Registry, which operates under the Controller General of Patents, Designs and Trademarks. Foreign applicants must be represented by local Indian law firms; iGERENT works with local IP agents in India to handle filings and related procedures.
Before filing, it is advisable to conduct a trademark search in India. An intellectual property expert will carry out a full due diligence trademark check before the Indian registry, assessing existing applications and registrations and analyzing whether your mark meets all registration requirements. This helps identify potential obstacles and increases your chances of success, especially considering that official registration fees are non-refundable.
Trademark protection in India can be obtained in two main ways:
Once filed, the trademark is examined (including a search for prior marks and an assessment of distinctiveness and other refusal grounds). If the examination is overcome, the mark is published in the Indian trademark journal, opening an opposition period. If no opposition is successful, a trademark certificate is granted, which serves as the title of ownership for the Indian trademark.