Trademark in India: Search, Registration, Renewal and Assignment

Searching is not mandatory but strongly advised. A word search finds identical, deceptively or phonetically similar marks in Classes 1 to 45; a device search uses the Vienna Codification for logos. We add an internet check for unregistered use. A search is preliminary and not a guarantee, and a well-known mark is protected in all classes, even for unrelated goods.

Any individual, company, firm or other entity may apply, Indian or foreign; foreign applicants file through a registered Indian agent with an Indian address for service. The steps are clearance search, online filing, examination (reply within one month), publication, a 4-month opposition window and registration. Registration lasts 10 years from the filing date. Full guide: trademark registration in India.

• File Form TM-R, up to 1 year before expiry; only a simple signed POA is needed
• A 6-month grace period applies, with a surcharge
• A removed mark can be restored within 1 year of expiry
• The mark itself cannot change at renewal; changes need a separate modification application
• For a Convention application, the 10 years run from the priority date (Sections 23, 25 and 154)

Assignment under Sections 37 to 45 of the Trade Marks Act, 1999 transfers a registered or pending mark and must be recorded with the Registry on Form TM-P. It can be complete or partial, with or without goodwill. You need a scanned POA signed by the assignee and the executed deed; for international assignments we ask for an apostilled or legalised deed. The practical timeline is 3 to 24 months.