Trademark Registration in India

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:

• Direct filing with the Indian Trade Marks Registry; or
• Through the Madrid System, since India is a member state to the Madrid protocol. Depending on the circumstances, filing an international application through the Madrid system may be an option worth exploring.

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.

To register a trademark in India, you will generally need:

• Scanned copy of a signed Power of Attorney. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average time frame to register a trademark in India is around 12 months for straightforward cases. This is an estimated processing time based on current application timeframes and may vary considerably.

Once your trademark is registered in India:

• It is important that the mark is used in the Indian market. If you do not use the trademark for more than 5 years, it may be cancelled. Cancellation is not automatic: a third party must file a trademark cancellation action before the Indian intellectual property office.
• Use must be exactly as the trademark was registered. If you change or modernize your logo or word mark, you should consider applying for registration of the new version.

As the owner of a registered trademark:

• You have the exclusive right to use it in India.
• You can initiate legal proceedings for trademark infringement.
• It is highly recommended to monitor the market and the registry to detect third parties who might be using or attempting to register similar marks.

Regarding renewal:

• Indian trademarks are valid for 10 years from the filing date.
• They can be renewed for successive periods of ten years.
• Renewal can be filed as early as six months before expiration and up to 12 months after the expiration date, in which case higher official fees apply.
• If the trademark is not renewed, it will be declared void, and there is no way to revive it once the late renewal stage has passed; the only option is to file a new application.

Yes. After your trademark or a third-party mark is published in the Indian trademark journal, there is a 120-day period during which third parties may file opposition actions against the application.

The opposition assesses, among other things, the similarity between the marks and the goods/services, as well as other possible grounds for refusal. The chances of success will depend on the circumstances of each case.

Use is not required to obtain registration of a trademark in India; the mark can be registered even if it has not yet been used. However, use becomes important after registration:

• If the trademark is not used for more than 5 years in India, a third party may file a cancellation action for non-use.
• If the mark is effectively used, you do not need to worry about cancellation for non-use, provided the use matches the registered form of the trademark.

India recognizes three-dimensional (3D) trademarks, allowing businesses to protect unique product shapes or packaging.

For 3D trademark registration, the Indian Trade Marks Registry requires:

• Clear graphical representations of the 3D mark from at least five different angles;
• The shape must be distinctive, capable of distinguishing the goods or services of one undertaking from those of others;
• The shape must be non-functional, meaning it cannot be solely dictated by the nature of the goods.

If the shape lacks inherent distinctiveness, you may need to provide evidence of acquired distinctiveness through use in the Indian market.
Applications can be filed online via the Indian Trade Marks Registry website.

A reliable trademark registration service in India should understand the country’s specific requirements, including the filing basis, evidence of prior use, examination responses, publication and opposition deadlines.

iGERENT coordinates these steps with an authorised trademark agent in India while giving you one dedicated specialist and a clear overview of the costs. Trusted by more than 12,000 businesses and with over 25,000 trademarks handled since 2014, our team keeps your application moving and you informed at every stage.

Discover why businesses choose iGERENT.