India — Intellectual Property
India offers robust IP protection through the Patents Act 1970, Trade Marks Act 1999, Designs Act 2000, and Copyright Act 1957. India is a member of the Paris Convention, PCT, and a signatory to TRIPs. The Trade Marks Registry, Patent Office and Designs Office operate across multiple locations including New Delhi, Mumbai, Chennai and Kolkata. India joined the Madrid Protocol, enabling International Trademark Applications designating India.
- Ordinary Application — filed with provisional or complete specification; no priority claim
- Convention Application — claims Paris Convention priority; must be filed within 12 months of the priority date
- PCT National Phase — filed within 31 months from earliest priority date
New Delhi, Mumbai, Chennai and Kolkata. Foreign applicants file before the office where their Indian agent/attorney is located.
Mandatory requirements for an ordinary patent application:
DAS code or certified copy of priority document + English translation with certificate of translation — within 3 months (Convention) or 31 months (PCT).
Pre-grant opposition is available from date of publication until grant. Post-grant opposition may be filed by any interested person within 12 months from publication of the grant notice.
| Application Type | Patent Term | Annuity Begins |
|---|---|---|
| Ordinary / Convention | 20 years from Indian filing date | 3rd year onwards |
| PCT National Phase | 20 years from PCT filing date | 3rd year onwards |
Every 3 years from the date of grant, a statement of working must be filed by 30 September for the preceding 3 calendar years. 80% fee reduction is available for natural persons, start-ups, small entities and educational institutions.
India follows the Nice Classification (all 45 classes). Multi-class applications are permitted. India is a member of the Madrid Protocol, allowing International Applications designating India.
- Registrable: words, devices, shapes of goods, packaging, colour combinations, certification and collective marks
- Two application types: Ordinary (no priority) and Conventional (within 6 months of priority)
- Express examination available on payment of additional fee
- Five Trademark Registries: New Delhi, Ahmedabad, Mumbai, Chennai, Kolkata
Under Indian law, greater significance is given to use of a mark than to its registration. Unregistered marks are protectable via passing off actions.
- Applicant name, address, nationality and legal status
- Specimen: 6 copies (B&W print) or 12 copies (colour print), or single soft copy by email
- International Class(es) and description of goods/services
- Date of first use in India (or "proposed to be used")
- Priority details if claiming convention priority (certified copy within 2 months of Indian filing)
- Translation/transliteration if mark is not in English or Indian script
- Power of Authority (stamped; notarisation not mandatory; can be filed before responding to official letters)
| Item | Period |
|---|---|
| Initial registration term | 10 years from filing date |
| Renewal | Every 10 years thereafter (unlimited) |
| Opposition window | 4 months from date of publication |
Under the Designs Act 2000, a "design" means features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article by industrial process, judged solely by the eye.
- Must be new or original and not previously disclosed
- Copyright in design does not vest if more than 50 copies manufactured commercially
- Two types: Ordinary and Conventional (within 6 months of priority)
- E-filing available for most forms
New Delhi, Mumbai, Chennai and Kolkata. Head office in Kolkata handles post-filing prosecution. E-filing is available.
DAS code or certified copy of priority document + English translation — provided with the application or within 3 months (extendable on payment of monthly fee).
| Period | Details |
|---|---|
| Initial term | 10 years from date of registration |
| Renewal | One further term of 5 years (total: 15 years) |
IP services in India.
From initial filing through registration, renewal and enforcement — explore our practice guides for a detailed look at each service.
Filing & Prosecution
Registration
Designs
Protection
Technology Transfer
& Disputes
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