Trademark Registration in India 

International Trade Marks

The Indian Trade Marks Registry often feature in the news for the slow progress of cases, loss of files and mass abandonment of applications. However, this has begun to change and in the last few years the trade marks registry has taken effective measures to streamline the prosecution process. The newly implemented online application system has led to fewer errors in the records and has made life simpler for trade mark practitioners and owners. The registry has also simplified the filing process for applicants, and reduced the number of forms from 75 to only 8.

India is a First to Use country.
(whomever first USES a particular trade mark gets the rights)

South Africa is a First to Use country.
(whomever first USES a particular trade mark gets the rights)

Trademark Application in India

What Types of Trade Marks can be registered in India?
A trade mark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these.
Product marks, shape marks, collective marks, certification marks, pattern marks and sound marks.

Registration Notes:
Applicants are required to have an address for service in India. (that is why it is recommended to appoint a trade mark agent.)
A search will indicate whether there are any marks identical or deceptively similar to your trade mark in India. Registrations of company names, business names or domain names do not provide ownership or a monopoly right in a name as do trade mark registrations.
Trade marks may be sold, licensed or assigned.

Approximate Registration Time Table:
The average timeframe that it takes for a mark to be registered is under 1 year. The registry has regularly examined and approved applications within one month of filing.

Multiple-Class Applications:
(When the applicant seeks registration for more than one class). India follows the Nice Classification with regard to goods and services, and multi-class applications are permitted.

Minimum Filing Requirements:
Representation of the trade mark.
A list of goods and services.
The applicant (s) details.
Signed Power of Attorney. It is recommended to provide the Power of Attorney simultaneously with the filing of the application (legalisation or notarisation of the Power of Attorney in India is not required.)

India Trade Mark Duration:
Once the trade mark is registered in India, it is valid for a period of 10 years from the date of application. The registration may be renewed indefinitely as long as the renewal fees are paid every 10 years. Registered marks may be cancelled on the grounds of non-use if they have not been used in India for a continuous period of 5 years.

INDIA Trade Mark Quote

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First to Use

First to Use What is First-to-Use? This means that the first person / entity that actually made use of the mark in connection with the goods and/or services for which they’re applying, will obtain registration and may prevent others from using it. This is...

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