Discover the risks and dangers of failing to register a trademark to understand the value and importance of trademark registration for your brand.
The Risks of Not Registering a Trademark
India Trademark Registration
Protect Your Brand in India Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
STEP 1
Comprehensive Trademark Study
Before filing your trademark in India, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in India and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
Additional Services in India
Discover how our services help protect and strengthen your brand in India.
Trademark Search
Check if your trademark is available for registration with our easy-to-use search tool.
Search TrademarkTrademark Renewal
Renew your trademark to maintain uninterrupted protection for your brand.
Renew TrademarkDomain Registration
Safeguard your local domain with ease through our trusted partner, Register.Domains.
Search .IN DomainsFrom our Blog
National vs. International Trademark Registration
Discover how national and international trademark registration compare, the pros and cons of each, and which is right for you.
Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
What are the steps involved in the trademark application process in India after filing?
The application process follows these steps:
- Formal requirements
- Correct classification
- Clarity
- Descriptive nature
- Uniqueness
- Potential to mislead
- Conflicts with existing registrations
- Religious sensitivities
- Trademark
- Applicant's name
- Applicant's address
- Applicant's state or country of incorporation
- Application number
- Application date
- Goods/services covered
- Priority claim details
- First use dates
- Trademark representation
Can someone claim priority for a trademark application in India?
Yes, you can claim priority in India if these conditions are met:
- Your home country is part of the Paris Convention.
- You filed your home application within the last six months before applying here.
- You can also claim priority through the Madrid Protocol registration.
Who is eligible to challenge my trademark application?
Any person has the right to challenge a trademark application.
¿Se puede anular el registro de una marca?
Se pueden cancelar registros de marca por varias razones: si la marca es descriptiva, no tiene suficiente distintividad, es confusa, engañosa o denigrante, o si es funcional. También si infringe derechos sobre emblemas de estado, escudos de armas o banderas protegidos, si es genérica, o si es una indicación geográfica. Además, si va en contra del orden público o las buenas costumbres, incluye una insignia o emblema de interés público especial, se usa de manera engañosa, está prohibida en la jurisdicción, o si la solicitud o registro se hizo de mala fe.
If I register my trademark in India, will it be protected in other countries?
No, registering your trademark in India only provides protection within India.
Should I register my trademark in the local language characters?
Yes, to ensure wider and stronger protection in India, it's advisable to register your trademark in local characters.
If you only register your trademark in its original form (Latin characters), it might not fully protect its equivalent in the local language. This could allow others to use or register the same or a similar trademark in local characters.
Besides the legal advantages, registering and using the trademark in local characters can also offer commercial benefits. People in India will find it easier to recognize and pronounce your brand if it's in a familiar script.
Registering your trademark both in its original form and in local transliteration/translation will offer better protection against potential infringements.
What are the reasons for which a registration can be canceled?
Registration can be canceled for the following reasons:
- The mark is descriptive.
- The mark lacks distinctiveness.
- The mark is misleading, deceptive, or disparaging.
- The mark serves a functional purpose.
- It infringes on protected armorial bearings, flags, or other state emblems.
- The mark is generic.
- The mark includes a geographical indication.
- The mark violates public policy or moral principles.
- The mark contains a badge or emblem of significant public interest.
- The mark is used in a misleading way.
- The mark is prohibited in this jurisdiction.
- The application or registration was made in bad faith.
What is the typical duration for trademark registration approval?
The typical time it takes to get a trademark registration approved is about 24 months, as long as there are no objections or oppositions.
How many trademark applications should I submit?
The number of applications you should file depends on your mark's features, your budget, and the level of protection you want in India.
If your trademark includes unique text and design elements, and you want both protected, we suggest filing two trademark applications: one for the text (as a "Word Mark") and another for the design (as a "Combined Mark").
Filing two applications offers these benefits:
If your trademark includes a slogan or a unique design symbol, consider filing separate applications for each to ensure extra protection.
Is it necessary to use my trademark before applying for registration?
Yes, you must show that you are either already using the trademark or plan to use it for your application to be approved.
Sure! Here's a rewritten version of the question: "Is it necessary for me to sign a Power of Attorney?"
A power of attorney is necessary to finish the application process.
What actions are necessary to meet the usage requirement for a trademark?
To meet the use requirement, a trademark must be actively used within five years and three months from the 'sealing date.'
What is the duration of the opposition period?
The opposition period starts when the Trade Marks Journal is published for the public.
The period lasts for 120 days (4 months) from the publication date. This deadline cannot be extended.
How long is a trademark valid once it has been registered?
The trademark registration is valid for 10 years starting from the date you apply.
What rights do I have if I register a trademark in India?
You don't need to register a trademark to have rights to it. Simply using the trademark first can establish your ownership. In India, the 'first to use' principle applies.
What rights do you gain by registering a trademark?
Registering a trademark grants the following rights:
- the sole right to use the trademark
- the ability to take legal action against others using a similar trademark
- the right to permit others to use the trademark
- the right to request customs to seize counterfeit goods
Still have questions?