INDIA

Filing trademark for protection

About the market

1.42 mld
population
(2022)
67.8%
% of population aged 15-64 (2022)
0.95%
compound annual population growth rate (CAGR) in 2012-2022
0.95%
compound annual population growth rate (CAGR) in 2012-2022
7.00%
GDP GROWTH RATE (2022)
$2,389
GDP PER CAPITA (2022)
10.7%
forecasted online share of retail sales (2024)

Whom does this concern?

Exporters
Importers
Service providers
Application developers
IT sector
Game developers
Companies outsourcing OEM, private label production
Companies that manufacture and sell in India
Companies buying own-brand components (e.g. packaging, casings)

Filing trademark for protection in India

India is a market with huge growth prospects, similar to those successfully exploited by China. A growing population, millions of English speakers and a significant difference in GDP per capita compared to developed countries all add up to a promising forecast that India will become an attractive business partner for many companies.

In this context, registering a trade mark in India takes on particular importance and becomes a key element of business strategy in the booming Asian market. It is worth applying for a trademark now, before it becomes very difficult or impossible to register a trademark due to previous applications for other trademarks.

10 years
Period of protection from the date of registration
12-18 months
Time taken to register a trademark in India, assuming no objections or complications
#File1st®
Priority is given to those who act first. File your mark first, before someone else is faster

Quick
knowledge station

Why register a trademark in India?

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.

Do I need to use my brand in India before registering it?

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.

Can unused registered trademarks be cancelled in India?

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.

How better to file a trademark for protection in India directly or through WIPO?

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.

What documents are required to register a trademark directly in India?

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.

When should a trademark registration in India be renewed?

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.

#File1st® File your trademark for protection

FAQ - Frequently asked questions

1. Who can apply for trademark protection in India? 

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.

2. How much does it cost to file a filing trademark for registration in India? 

The cost depends on the number of classes and products submitted for protection. See our price list for details.

3. What types of trademarks can be filed for protection in India? 

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.

4. Is it possible to file a mark in multiple classes in India with one application? 

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.

5. Czy w przypadku wieloklasowego zgłoszenia Indyjski Urząd Znaków Towarowych rozpatruje każdą klasę osobno?  

Yes, multi-class applications are examined separately in each class by the Indian Trade Mark Office.

6. How long does it take the Indian Patent Office to issue a certificate of registration of a trademark after the expiry of the opposition period? 

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.

7. How long is a trademark registration valid in India? 

The registration (legal protection) of a brand in India is valid for 10 years from the date it is filed for protection.

8. I run a business as individual company. Can I apply for trademark protection for it in India? 

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.

9. How can I check if my brand or a similar one is already registered in India? 

This can be done by searching the database of the Intellectual Property Authority of India (IPA).

Other topics that may interest you