When entering the Indian market, which is full of potential and opportunities, many companies focus on a sales or promotional strategy and forget one key element – protecting their brand. India is a country experiencing unprecedented growth rates. In such an environment, not always and not all market players are fair, which in the context of intellectual property means that if you do not register your trademark in India in advance, it may be taken over by a local company or even a competitor. Many companies make the mistake of postponing the registration process, thinking that they will first ‘test’ the market and register the mark as they make money on the first deal. This approach, unfortunately, can end up with the loss of rights to the mark or the inability to register it. If recovery of the mark is possible, it will certainly be both time-consuming and expensive. It is not worth facing such a risk.
Registering a trademark in India is the first task and for importers from India and for companies exporting to this market. And, of course, for foreign companies with subsidiaries in India.
Applying for poppy legal protection directly to the Office in India is only possible with a professional attorney. It is not possible for a foreign entity to apply to the Indian Patent Office (CGPDTM*) on its own, for three main reasons:
* The Indian Patent Office formally in English is called: Office of the Controller General of Patents, Designs & Trade Marks, hence the abbreviation CGPDTM
Two ways to register your trademark:
Registering a trademark in India is a step into the future. India is growing rapidly, has a strategic location and the potential to become one of the economic giants, just like China. By protecting your mark, you are securing your brand in a country that could become a key market for importers, exporters or companies in the technology industries. A protected brand is not only protection from imitators; it is also an investment in the future. India to ambitious companies can offer unlimited opportunities for growth.
This is not required, you can even file a new trademark for protection. However, if possible it is advisable to include with the application a notarised certificate of prior use of the mark in India, stating the date of first use. This may increase your chances of obtaining registration. Also remember that the trademark must be used within five years and three months from the date of registration, otherwise someone may try to cancel it.
Yes, you can. All you have to do is file an application for cancellation with the Indian Intellectual Property Office on the ground of non-use for five years. It is then up to the opponent, the owner of the mark, to prove that the mark has been used. If it fails to do so, its registration will be cancelled.
Filing a trademark application directly with the Indian Patent Office, rather than through the World Intellectual Property Organisation (WIPO), has several distinct advantages.
The first advantage is the speed of processing. The Indian Patent Office starts processing a locally filed application immediately upon receipt, whereas WIPO processes the application internally and then sends it to the Indian office, adding several months to the process.
In addition direct filing localy allows for better preparation of the application, taking into account certain nuances and market realities. Because you have already engaged an representative by filing locally, it can file and communicate directly with the Indian Patent Office, which can be beneficial in resolving any issues or responding to claims while meeting official deadlines. If you file through WIPO, you will not have this comfort and will have to seek help quickly if you need to defend the mark on appeal.
Typically, the required documents consist of proof of identity or an English translation of the company’s registration document. Additionally, you must provide a power of attorney, an image of the trademark (for figurative or combined word and figurative marks), and a list of goods and services linked to the trademark. It is also beneficial to include a catalogue of products featuring the trademark.
An application to postpone the term of protection of a trademark in China for a further period should be made no later than 6 months before the end of the current period of protection, but no earlier than one year before that date.
Assuming no refusal from the Office and no opposition from a third party, the entire procedure for registering a trademark in India can take between 12 and 18 months. However, if the application is refused by the Office or an opposition is filed, it can take up to several years. It is difficult to determine the exact length of this period in advance, as it all depends on the case, the number of opposing (conflicting) marks and the efficiency of the Office itself. Therefore, it is advisable to apply for mark protection in good time, especially if you plan to do business with Indian partners. Trademark Partners offers support throughout the registration process to minimise the risk of delays.
The following documents will be required to prepare and file an application for trademark protection in India:
The price per class may be less than EUR 586, but the final amount is determined individually depending on the number of products and services submitted in the class.
The cost of filing a trademark in China depends on the number of classes filed for protection. The price per class may be less than EUR 586, but the final amount is determined individually depending on the number of products and services filed in the class.
Price includes:
The price does not include the analysis of the registrability of the mark (an optional but recommended activity; surcharge EUR 150), the costs of preparing appeals of refusals or opposition responses, etc. These activities are separate procedures.
If you are planning to start trading with Indian partners, you should know one important thing. Even if your brand has legal protection in Poland or the European Union, it does not mean that it has received it in India. If, in addition, you have not used your eggs in this territory at all, then until you register it in India, you have no legal tools to defend your intellectual property. Brand registrations must be applied for at the Indian Patent Office (CGPDTM).
In India, the principle of priority of protection for a mark is based on prior use (a principle known as first-to-use). This means that in the event of a dispute over rights to a mark, the courts may give priority to the entity that proves prior and continuous use of the brand within a particular category of products or services. The date on which the first use of the mark is documented is crucial in such situations, and evidence such as invoices, advertising material or sales data can prevail in a dispute.
This principle is of particular relevance in resolving disputes over the priority of local and international applications with priority, where the priority resulting from an earlier application may be undermined by evidence of prior use in the Indian market.
This obligation should be taken care of by anyone who wants to have the exclusive right to use his or her logo in India, whether he or she buys there under his or her brand, sells there or provides digital services, for example.
Anyone who owns a trade mark can apply for protection, whether they are individuals, companies or other legal entities, whether they are from India or any other country.
The cost depends on the number of classes and products submitted for protection. See our price list for details.
A wide range of trademarks can be registered in India, including word marks, device marks, figurative marks or logos. In addition, holographic marks, sound marks, shapes of goods, colour or design marks, combination marks, designs and slogans can be registered for both goods and services.
Yes, multi-class applications are examined separately in each class by the Indian Trademark Office. The analysis examines the distinctiveness of the mark, the existence of potential conflicts and other statutory requirements for each class listed in the application separately.
Yes, multi-class applications are examined separately in each class by the Indian Trade Mark Office.
The Indian Patent Office usually issues a certificate of registration of a trademark within a few weeks to a few months after the end of the opposition period and if no successful opposition is filed. This time depends on the efficiency of the Patent Office’s internal processes.
The registration (legal protection) of a brand in India is valid for 10 years from the date it is filed for protection.
Of course you can file your filing mark for protection in India. If you want to do this for your indiidual company you need to prepare its English business licence.
This can be done by searching the database of the Intellectual Property Authority of India (IPA).