Q01
Why should I run a trademark search before filing?
A search is not mandatory, but it is strongly advisable. It shows identical or confusingly similar marks already on the Register, which helps you avoid Registry objections, oppositions and infringement suits. If an application is refused for conflict, the filing fees are not refunded.
Q02
What types of trademark search are available in India?
A word mark search finds identical, deceptively or phonetically similar marks in any of Classes 1–45 (Nice Classification). A device mark search covers logos, stylized letters and shapes, using the Vienna Codification of figurative elements.
Q03
Do you also check unregistered use of a similar mark?
Yes. We add an internet search to spot third parties using a similar mark without registration. The report then gives our advice on your chances of successful registration.
Q04
Is a search report a guarantee of registration?
No. Any search is preliminary, and judging “confusing similarity” needs experience of Registry practice and court decisions. Note that a well-known trademark is protected in all classes in India, even for unrelated goods and services.
Q05
How do I order a trademark search in India?
Instruct us online with your trademark or brand name, the list of goods and services you want to protect, and your full contact details. The search is completed in 2 days for USD 30.
Q01
Who can apply for trademark registration in India?
Any individual, company, firm or other entity can apply, whether based in India or abroad. Foreign applicants must file through a registered trademark agent in India with an Indian address for service.
Q02
What is the trademark registration procedure in India?
The steps are: clearance search, online filing, examination, publication in the Trade Marks Journal, a 4-month opposition period, and registration. Once filed, the application gets a number and you can start using the ™ symbol.
Q03
What documents are needed to file?
We need the applicant’s name, address and legal status, a clear copy of the mark, the list of goods or services, and a signed Power of Attorney. If you claim earlier use in India, a user affidavit with supporting evidence is also required.
Q04
What is the trademark registration cost in India, and how long does it take?
Our fee is USD 250, covering filing through to smooth registration. Registration usually takes 1–2 years, depending on objections or oppositions.
Q05
What happens if the examiner objects or someone opposes the mark?
An examination objection must be answered within one month, and a hearing may follow if the reply is not accepted. After publication, any third party can file an opposition within 4 months; we prepare the counter-statement and evidence on your behalf.
Q06
Can I file in multiple classes or claim priority?
Yes. India follows the Nice Classification (45 classes) and allows multi-class applications. You can claim Paris Convention priority within 6 months of your first filing abroad, or designate India through the Madrid Protocol.
Q07
How long is registration valid, and when can I use ®?
Registration is valid for 10 years from the filing date and can be renewed every 10 years without limit. The ® symbol may only be used after the registration certificate is issued.
Q01
How long is a trademark valid, and how often must it be renewed?
A trademark is valid for 10 years from the date of registration or the last renewal, so it must be renewed every ten years.
For an ordinary application, the 10 years run from the Indian filing date. For a Convention Application with an accepted priority claim, they run from the priority date, which is deemed the date of registration under Sections 23, 25 and 154 of the Trade Marks Act, 1999.
Q02
When can I renew, and what are the steps?
You can file up to 1 year before the expiry date. File Form TM-R online through the Indian Patent Office portal or in physical form, and pay the prescribed fee, which varies by mode of filing.
An acknowledgment receipt is generated on submission. The Registry then examines the application, approves it if compliant, and publishes the renewed mark in the Trademark Journal for another ten years.
Q03
What happens if I miss the renewal date? Can a lapsed trademark be restored?
You can still renew within a 6-month grace period by paying an additional surcharge. If the mark is not renewed, it may be removed from the register and the proprietor loses exclusive rights over it.
A removed trademark can be restored by applying within 1 year of the expiry date and paying the prescribed fees.
Q04
What documents, timeline and fee does trademark renewal in India need?
The only document required is a simple signed POA. The process takes about 2 months and our fee is USD 250.
Q05
Can I change my trademark during renewal?
No. Renewal does not allow any change to the mark itself. Changes need a separate modification application.
Q06
How can I check the status of a renewal application?
Enter the application or registration number on the official Indian Trademark Registry website to check the status online.
Q01
What are the types of trademark assignment in India?
Complete assignment transfers all ownership rights, while partial assignment covers specific goods or services, subject to legal restrictions.
An assignment can be made with goodwill of the business, or without goodwill, which carries additional statutory requirements.
Q02
What documents are required for trademark assignment in India?
A simple scanned Power of Attorney signed by the assignee, and a scanned copy of the executed Deed of Assignment. SUPREMEiP requests an apostilled or legalized deed for its standard international assignments.
The deed should clearly state the parties, trademark details, scope of rights transferred and effective date. The Registry may also ask for a Statement of Case, proof of title or signatory authority, and evidence of stamp duty compliance.
Q03
How is a trademark assignment recorded in India?
The parties execute a Deed of Assignment, and an application is filed on Form TM-P under Section 45 of the Trade Marks Act, 1999, read with Rule 75 of the Trade Marks Rules, 2017.
The Registry examines the documents and may raise objections. Once accepted, it records the assignee as the subsequent proprietor and updates the register.
Q04
How long does trademark assignment take and what does it cost?
The estimated practical processing time is 3–24 months, depending on Registry backlog, documentation and any objections. Rule 76(2) sets a three-month target for disposal, but it is not a guaranteed period.
SUPREMEiP's service fee is USD 400 per application. Indian government fees, stamp duty, apostille or legalization charges and other disbursements are confirmed separately.
Q05
Can a pending trademark application be assigned in India?
Yes. Rights in a pending application can be assigned, subject to applicable legal and procedural requirements. Recording a transfer for a pending application may involve different procedures from recording a subsequent proprietor of a registered trademark.
Q06
What legal points should be considered before assigning a trademark in India?
An assignment without goodwill may require advertisement under Section 42, as directed by the Registrar. The deed must meet stamp duty requirements, and under Rule 78 the Registrar may impound an insufficiently stamped instrument.
If the assignment is disputed, the Registrar may defer recording until a competent court decides the parties' rights.
Q01
Who can file a trademark opposition in India, and by when?
Any person may oppose a published trademark if they believe it should not be registered. The Notice of Opposition must generally be filed within four months from the date of publication in the Trade Marks Journal, and this period cannot ordinarily be extended.
Q02
What documents are required for a trademark opposition in India?
You need a simple scanned Power of Attorney (POA), the grounds and information for drafting the opposition, and an original Affidavit. Supporting evidence such as registration certificates, proof of prior use, sales figures and advertising material strengthens the case.
Q03
Is an original affidavit required for overseas parties?
Yes. Evidence is generally filed by affidavit. For overseas parties, the original affidavit should be apostilled or legalized by the Indian Embassy or Consulate in the applicant's country, where applicable to the evidence submitted.
Q04
What is the trademark opposition procedure in India?
The stages are: Notice of Opposition, Counter Statement, evidence by both parties, reply evidence, hearing and the Registrar's decision. The Registrar may allow the mark to proceed to registration or refuse it wholly or partially.
Q05
How long does trademark opposition in India take, and what does it cost?
Proceedings generally take 2 to 5 years, depending on hearings, adjournments, evidence stages and Registry workload. Our professional fee is USD 1,300. Government fees, apostille or legalization, courier and other third-party costs are charged separately unless agreed otherwise.
Q01
Can a registered trademark be cancelled in India?
Yes. A registered trademark can be cancelled or rectified on grounds such as prior rights, bad faith, wrongful registration, lack of distinctiveness, fraud and non-use. Cancellation and invalidation both challenge the validity of the registration; the remedy may be cancellation, removal or rectification of the Register.
Q02
Who can file a cancellation action?
Generally, any aggrieved person whose legal rights are affected by the registered trademark. This includes trademark owners, prior users, businesses, competitors, licensees and successors in title.
Q03
What documents are required to file?
You need a simple scanned Power of Attorney, the grounds and background information for drafting, and an original Affidavit. Supporting evidence may include registration certificates, proof of use, invoices, advertisements and website records.
Q04
Is an original Affidavit required for overseas applicants?
Yes. Evidence is commonly filed by Affidavit. For overseas applicants, the original Affidavit should be apostilled or legalized by the Indian Embassy or Consulate in the applicant's country, where required.
Q05
How long does trademark cancellation take and what does it cost?
Proceedings generally take 2 to 5 years, depending on hearings, adjournments, evidentiary stages and the authority's workload. Our professional fee is USD 1,300, covering drafting, filing and conducting the proceedings.
Government fees, apostille or legalization, translations, investigations and courier charges are charged separately unless otherwise agreed.
SUPREMEiP, Bangladesh
