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Trademark registration in India.

End-to-end trademark filing, prosecution, opposition and brand protection strategies — domestic and across Madrid Protocol jurisdictions.

01.2 / India Trademark Services

A comprehensive guide to trademark registration in India

Everything you need to know about trademark registration, protection and enforcement in India — from eligibility to prosecution and well-known mark status.

What is a Trademark?

A trademark is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others. It may include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, combination of colours or any combination thereof.

Benefits of Trademark Registration
Exclusive Rights
Exclusive right to use the mark in relation to the registered goods/services.
Legal Protection
Right to sue for infringement in courts and obtain injunctions, damages and accounts of profits.
Brand Value
Trademarks are valuable business assets that can be licensed or assigned for commercial benefit.
Consumer Trust
Registered mark signals quality and origin to consumers, building brand loyalty.
Non-registrable Marks
Absolute Grounds for Refusal
  • Marks devoid of distinctive character
  • Marks which designate the kind, quality, quantity or intended purpose of goods/services
  • Marks which have become customary in current language or trade practice
  • Marks likely to deceive the public or cause confusion
  • Marks prohibited under Emblems and Names (Prevention of Improper Use) Act, 1950
  • Marks containing scandalous or obscene matter
  • Marks likely to hurt religious susceptibilities
Filing Requirements
01
Applicant Details
02
Mark Representation
03
Goods/Services & Class
04
Date of First Use (if any)
05
Power of Authority
06
Priority Document (if claiming)
Multi-class Applications

India allows multi-class trademark applications under the Trade Marks Act, 1999 (as amended). A single application can cover multiple classes of goods and services.

Trademark Offices in India
OfficeJurisdiction
Mumbai (Head Office)Maharashtra, Goa, Gujarat, Madhya Pradesh, Chhattisgarh, Daman & Diu, Dadra & Nagar Haveli
DelhiJammu & Kashmir, Punjab, Haryana, UP, Uttarakhand, Himachal Pradesh, Rajasthan, Delhi, Chandigarh
KolkataWest Bengal, Bihar, Jharkhand, Odisha, Assam, Sikkim, Meghalaya, Tripura, Arunachal Pradesh, Manipur, Mizoram, Nagaland
ChennaiAndhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana, Puducherry, Andaman & Nicobar, Lakshadweep
AhmedabadAdditional office for Gujarat registrations
Trademark Prosecution Process
1
Filing & Allotment of TM Number
Application filed; trademark application number allotted immediately.
2
Examination
Examination report issued with any objections. Response must be filed within 30 days (extendable to 60 days).
3
Hearing (if required)
Hearing scheduled if objections not resolved through written response.
4
Publication in Trade Marks Journal
Mark advertised in the Trade Marks Journal. Opposition window opens.
5
Opposition Period
Any person may file opposition within 4 months of publication.
6
Registration & Certificate
Mark registered and certificate issued. Valid for 10 years, renewable indefinitely.
Term
10
years, renewable
Opposition Window
4
months from publication
Response Time
30
days (extendable to 60)
Well-Known Trademarks in India
A "well-known trademark" in India is a mark which has become so well-known to the substantial segment of the public which uses such goods or receives services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark.
Factors for Determination
(a) Knowledge or Recognition
Knowledge or recognition in the relevant section of the public including knowledge obtained through promotion.
(b) Duration and Extent of Use
Duration, extent and geographical area of any use for that trademark.
(c) Promotion and Advertising
Duration, extent and geographical area of promotion including advertising and publicity.
(d) Registration Records
Duration and geographical area of any registration or publication for registration.
(e) Enforcement Records
Record of successful enforcements of rights, recognition by courts or registrar.
Court or Registrar Recognition

Where a trademark has been determined to be well-known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trademark as a well-known trademark for registration under the Act.

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