Registering a trademark in India: the basics

A trademark identifies the source of your goods or services. In India, trademarks are governed by the Trade Marks Act, 1999, and applications are handled by the Trade Marks Registry.

Before you file

Search the register for marks that are identical or similar to yours in the same line of business. A conflict found early saves time and cost later. Decide which class or classes of goods and services your mark should cover, since protection depends on the classes you choose.

The process

1. Filing. The application is filed with the applicant's details, a representation of the mark, and the class or classes.
2. Examination. The Registry examines the application and may raise objections in an examination report.
3. Reply and hearing. You can respond in writing and, if needed, be heard on the objections.
4. Publication. An accepted mark is published in the Trade Marks Journal.
5. Opposition. Third parties get a limited period to oppose the registration.
6. Registration. If there is no opposition, or it is decided in your favour, the mark is registered.

How long protection lasts

A registered trademark is valid for ten years from the date of application and can be renewed for further periods of ten years.

What to keep in mind

Timelines vary with the Registry's workload and whether objections or oppositions arise. Using a mark before registration can also affect your rights, so it is worth getting advice early.