The short answer
To register a trademark in India, file Form TM-A online with the Trade Marks Registry under the Trade Marks Act, 1999. After examination, advertisement and a 4-month opposition window, the mark is registered for 10 years from the filing date. Expect 12 to 24 months. Foreign owners need an Indian agent for the address for service.
Why register in India
Sec 28
Exclusive nationwide rights
Right to use the mark for the registered goods and services across India.
Sec 27 and 29
Right to sue
Only a registered owner can sue for infringement. Unregistered owners are limited to passing off, which needs proof of goodwill, misrepresentation and damage.
Sec 31
Prima facie validity
Registration is evidence of validity, which speeds enforcement.
Border
Customs recordal
A registered mark can be recorded with Indian Customs against counterfeit imports.
What can be registered, and who can apply
Under Section 2(1)(zb), any mark that can be represented graphically and distinguishes goods or services qualifies: words, logos, shapes and packaging (subject to Section 9(3)), colour combinations, sound marks, and collective, certification and series marks.
Any person claiming to be the proprietor of a mark used or proposed to be used may apply (Section 18), Indian or foreign. Foreign applicants file nationally through an Indian agent, or designate India through the Madrid Protocol (Sections 36A to 36G). Paris priority is available within 6 months (Section 154).
Documents for filing
| Document | When needed |
|---|---|
| Applicant name, address, nationality, legal status | Always |
| Clear image of the mark (MP3 for sound marks) | Always |
| Goods and services with Nice classes | Always |
| Date of first use in India, or "proposed to be used" | Always |
| Power of attorney | If filing through an agent |
| User affidavit and evidence of use | If prior use is claimed |
| Certified priority document, with translation | If Paris priority is claimed |
| Startup or MSME proof | For the reduced fee category |
The eight steps
Search
- Check the Registry for identical or similar marks in your classes
File Form TM-A
- One application can cover several classes (Section 18(2))
- You get an application number and may use ™
Formalities and Vienna coding
- Logos are coded for figurative elements
Examination
- Absolute grounds (Section 9) and relative grounds (Section 11)
Reply and hearing
- If the reply is not accepted, a show-cause hearing follows
Acceptance and advertisement
- Published in the Trade Marks Journal (Section 20)
Opposition window
- Any person may oppose (Section 21)
Registration
- Certificate issued (Section 23). Rights date from the filing date, and the 10 years run from it
Common objections
| Ground | Section | Meaning |
|---|---|---|
| Lack of distinctiveness | 9(1)(a) | Cannot distinguish your goods |
| Descriptive | 9(1)(b) | Describes kind, quality, purpose or origin |
| Customary or generic | 9(1)(c) | Common in language or trade |
| Deceptive | 9(2)(a) | Likely to confuse the public |
| Religious or obscene | 9(2)(b), (c) | Hurts sentiments or is scandalous |
| Prohibited emblems | 9(2)(d) | Emblems and Names Act, 1950 |
| Functional shapes | 9(3) | Shape results from the goods or technical result |
| Earlier mark | 11(1) | Identical or similar for similar goods |
| Well-known mark | 11(2) | Unfair advantage or harm, even for different goods |
A reply to the examination report is due within one month. Missing it can lead to abandonment.
India trademark questions
How long does registration take?
Typically 12 to 24 months, depending on objections and oppositions.
How long is it valid?
10 years from the filing date, renewable every 10 years.
Can I use ® immediately?
No, only after the registration certificate is issued. You may use ™ after filing.
Can I file one application for several classes?
Yes. India follows the Nice Classification and allows multi-class applications.
Need a trademark in India or Bangladesh?
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