India trademark registration: product, logo trade mark in India
This website uses cookies. Learn more.
ACCEPT

How to start?

1
Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
2
Review offers, compare them, and select the most suitable option. Complete your transaction securely
3
Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Start protecting NOW

Trademark Registration in India: How it Works

Securing a registered trademark in India is essential for businesses looking to protect their brand and establish their identity in the Indian market. A trademark gives a person or company the right to use a certain symbol or logo. This can be a valuable asset for a company.

 

In this article, we will explore the detailed process and requirements for trademark registration in India, as well as the potential costs and possible reasons for refusal.

 

1. What can be registered as a trademark in India?

2. Why can you be refused to register a trademark in India?

3. India trademark registration process

4. Documents required for the registration of a trademark in India

5. Trademark opposition process in India

6. Trademark registration cost in India

7. Final thoughts

What can be registered as a trademark in India?

 

A trademark is a symbol, logo, word, or color that can be used to distinguish the goods or services of one brand from those of others. To be eligible for registration, a trademark must be distinctive and not similar to any existing marks in India. It must also not violate any existing laws or regulations. Trademarks can be registered to an individual, a group of persons, for certification of goods and services, or as well-known within a country.

 

To register a trademark, you must classify your goods or services according to the International Classification of Goods and Services. This classification system is used globally and allows for consistency in the registration process.

It’s also possible to file a multi-class application, which means you can attribute your trademark to more than one class. However, you should pay an extra fee for each additional class. This allows you to protect your trademark across multiple goods or services, providing more comprehensive protection for your brand.

Why can you be refused to register a trademark in India?

 

There are relative and absolute grounds for a refusal to register a trademark. Absolute grounds for refusal are based on objective criteria and do not depend on the existence of earlier trademarks. Relative grounds for refusal are based on the likelihood of confusion between the trademark applied for and an earlier one.

 

The relative grounds why a trademark is not subject to registration can be:

 

  • it is identical or similar to another trademark designating similar goods/services;
  • it is identical or similar to a well-known mark in India used for any goods/services and it is likely to cause damage to the owner of the well-known mark;
  • it falsely suggests a connection with any living person or a person who died within 20 years before the filing date unless such person or their legal representative has given permission.

 

The absolute grounds for a refusal to register a trademark in India are:

 

  • it has no distinctive character, i.e., cannot distinguish the goods/services of one brand or company from those of another;
  • it only contains words or symbols that can be used to show what the goods or services are, how good they are, how much there is, what they are supposed to be used for, how much they cost, where they come from, or when they were made;
  • it consists solely of signs or indications that have become common in the current language or established practices of trade;
  • it is misleading to the public;
  • It contains anything that may offend the religious feelings of any group of people in India;
  • it contains scandalous or obscene elements;
  • the Emblems and Names Act prohibit its use;
  • it only includes elements that derive from the nature of goods/services themselves, or make the goods/services seem more valuable.

India trademark registration process

 

The process for trademark registration in India involves several steps and can take 6–10 months to complete.

 

The first step is to conduct a trademark search to ensure that the desired trademark is available for use and registration. You can do this through the Indian Trade Marks Registry’s website. The search will reveal any prior trademarks that are identical or similar to the proposed trademark.

 

The next step is to file a trademark application with the Indian Trade Marks Registry. The application must include a representation of the trademark, a list of the goods or services for which the trademark will be used, and the applicant’s details. This step usually takes around 4–6 weeks.

 

The Registry will then examine the application to ensure that it meets all the requirements, such as distinctiveness and not being similar to any prior trademarks. The examination of the application by the Registry typically takes around 5–7 months.

 

If the application is accepted, it will be published in the Trade Marks Journal. Any opposition to the registration can be filed within three months of the publication date. If there is no opposition or the opposition is unsuccessful, the trademark registration process will be completed and you will get the trademark registration certificate.

The actual duration of each step may vary depending on the individual circumstances of the case and the workload of the Indian Trade Marks Registry. The process of trademark registration in Delhi as well as in other Indian cities is highly regulated and requires a good understanding of the laws and regulations. Therefore, consultation with a trademark attorney is strongly recommended.

Documents required for the registration of a trademark in India

 

The required documents for trademark registration in India depend on the type of applicant and the specific details of the trademark application. In general, the following documents are typically required:

 

  1. A representation of the trademark, which can be in the form of a graphic or design;
  2. A list of the goods or services for which you will use the trademark;
  3. A payment order;
  4. A power of attorney, which authorizes an agent or attorney to act on behalf of the applicant;
  5. The applicant’s details, including the name, address, and nationality;
  6. A copy of the priority document (if applicable).

 

You can file the application either in English or in Hindi. If priority is claimed, you should submit a certified copy of the priority document within 2 months of the date of submission.

 

You can apply for several trademarks simultaneously, as long as the goods/services are similar, or the differences don’t change what the trademark represents, like the color of the goods.

Trademark opposition process in India

 

Once the trademark application is published in Trade Marks Journal, any person may file an opposition within 3 months of the publication date. This is an opportunity for anyone who believes the new trademark may affect their rights to file an opposition and provide evidence to support their case.

 

When an opposition is filed, the Indian Trade Marks Registry sends a copy of the opposition to the applicant. This gives the applicant an opportunity to respond to the opposition and present evidence supporting their application within 2 months. The Office will examine the opposition and the evidence provided by both parties, and decide whether to register the trademark.

If the applicant disagrees with the examiner’s decision, he or she may file an objection with the Board of Appeals within 3 months of the date it is sent. The Board of Appeals will hear the case and make a final decision on whether to register the trademark or not. It is important to note that this process can be lengthy and may require the assistance of a trademark attorney.

Trademark registration cost in India

 

Government fees of trademark registration in India

 

Filing and registration:
  • Private entity
$69
  • Legal entity
$139
Priority filingFree of charge
Renewal$139
Response to opposition$42

 

Trademark registration cost in India via the iPNOTE platform starts from as low as $250, which covers all government fees as well as document preparation. Find the best Indian trademark attorney on iPNOTE.

Final thoughts

 

In conclusion, trademark registration in India is crucial for businesses looking to protect their brand and establish their identity in the Indian market. However, the trademark registration process in India can be complex and time-consuming, so it’s recommended to consult with a trademark attorney to ensure that all the requirements are met.

 

***

 

The iPNOTE platform features more than 700 IP law firms that cover more than 150 countries, so you can always find the right direct service provider using our flexible filtering system.

 

Take a look at our directory of trademark attorneys in India.

 

Sign up for free, and we’ll help you solve any IP-related problem.

 

When pursuing patent registration in India, it’s essential to complement your strategy with UK patent registration, ensuring robust protection for your intellectual property across diverse jurisdictions.

Other posts

AI vs. Attorneys: Unveiling the Best Approach to Patent and Trademark Searches
Trademark Registration in Estonia: Protecting Your Brand’s Identity
Empowering Your Business: The Benefits of Trademark Registration in Jordan
Unlocking Growth: Why Startups Should Choose Brazil’s IP Landscape
Designing Success: A Deep Dive into Kuwait’s Design Registration Process
Intellectual Property Protection for Startups: Innovate, Secure, Conquer
Ensuring Brand Integrity: The Importance of Trademark Registration in Italy
Trademark Registration in Bangladesh: Key Insights for Success
Trademark Registration in New Zealand: Essential Insights for Business Owners
Unlocking Trademark Meaning: A Comprehensive Guide for Business Owners
Protecting Your Vision: Design Registration Essentials in Saudi Arabia
Navigating Patent and Trademark Searches: Manual vs. Attorney-Led Approaches
Trademark Registration in Papua New Guinea: Online Process and Foreigner’s Perspective
Navigating the Intellectual Property Seas: A Guide to Effective Portfolio Management
Trademark Meaning in Denmark: A Definitive Guide to Brand Identity
The Design Registration in Spain: Ink, Pixels, and Protection
A Guide to Design Protection in Jordan: Innovate, Register, Thrive
The Roadmap to Successful Design Registration in Egypt
Unlocking Business Success: The Invaluable Role of a Comprehensive Trademark Search
From Application to Registration: Mastering Trademarks in Oman
Navigating Design Registration in Bahrain: A Comprehensive Guide for Applicants
Trademark Security in OAPI: A Comprehensive Registration Manual
Mastering Design Registrations in India: From Concept to Protection
Beyond the Northern Lights: Unveiling the Trademark Registration Process in Norway
Trademark Registration in Morocco: From Search to Success
EPO Search Fee Refunds: A Strategic Perspective on Luxemburg Patents
Decoding Design Registration: A Deep Dive into Australia’s Intellectual Property Landscape
The Crucial Role of Online Patent Searches in Patent Application Success
An Overview of Trademark Registration Requirements in Argentina
Design Patents vs. Utility Patents: Understanding the Differences in the USA
Design registration in Serbia: Everything You Need To Know
Vietnam’s Patent Registration System: Key Considerations for International Applicants
Unlocking the Future: an AI-Powered Tool for Patent Search Excellence
iPNOTE’s Black Friday: Empowering Your Business with AI Solutions
The Ins and Outs of ARIPO Trademark Registration: A Complete Guide for Applicants
From Idea to Granting: The Process of Patent Registration in Saudi Arabia
Get Ahead of the Competition with Our AI Trademark Search Tool
Step-by-Step Guide to Trademark Registration in Serbia: From Search to Registration
Protecting Your Design in Iran: A Guide for Applicants
Securing Your Innovations: The Process of Patent Registration in Malaysia
7 Most Popular Questions about Accelerated Patent Examination in the USA
Why Registering a Trademark in Spain is Important
Design Protection Made Easy: How to Register in Vietnam
Navigating Trademark Registration in Egypt: A Complete Guide
Maximizing Protection: Trademark Registration in The Republic Of Armenia
Design Registration in the UAE: A Comprehensive Guide
Designs in Germany: A Helpful Tool for Artists and More
Strategic Trademark Registration: Insights from a Madrid System & Direct Filing Comparison
Trademark Registration in Mexico: What You Need to Know
iPNOTE: The Game-Changing Platform for Protecting Your Intellectual Property
The Pitfalls of A Re-Brand: Why It Can Be Dangerous to Change Names
Protecting Your Inventions: Why Germany’s Utility Model System is Worth Considering
Finding a Foreign IP Provider through iPNOTE: A Step-by-Step Guide
Understanding Trademark Search in Indonesia: Tips and Tricks
Finding the Right Attorney Made Easy with Technology Areas
Case Study: From $1,320 to $18,285: The Mystery Behind Patent Service Prices Unraveled
How to Get Offers Quickly and Optimize Your Daily Work
Patent Landscape in India: An Analysis of Trends and Opportunities
Utility Model Registration in Brazil: Everything You Need to Know
Trademark registration in Peru: An Essential Guide
Trademark registration in Germany: A Comprehensive Guide
Patent Cooperation Treaty (PCT): How to File a Single Application to Get Patent Protection in Multiple Countries
5 Lifehacks You Should Know Before Filing a Trademark in Turkey
Securing Your Brand on Amazon: Amazon Brand Registry with iPNOTE
Set up Stripe Account: How Get Payments via iPNOTE
General workflow at iPNOTE: How to Work on a Global Marketplace
Patent Registration in Australia: What You Need to Know
Trademark Registration in the Republic of Korea: Tips and Recommendations
Industrial Design Registration in Turkey: What You Need to Know
Trademark registration in Brazil: Everything You Need To Know
Auto Pricing: How to Set it Up and Attract Clients
Trademark Registration in Japan: Essential Information
The Ultimate Guide to Trademark Registration in Canada
An Offer Confirmation: What to Do When You’re Ready to Start
Case Study: How We Filed Our Client’s Designs in 5 Hours in China!
AI and Machine Learning Patents in Brazil: An Overview
Trademark Registration in the UK: An Essential Guide
Patent Registration in Japan: Essential Information
Your Public Profile: How to Be Promoted in Attorney’s Marketplace
Trademark Registration in Australia: Everything You Need to Know
Patent Registration in the Republic of Korea: A Quick Guide
Trademark Registration in Thailand: Essential Guide
How to Initiate and Complete Working on the Project
A New Client’s Request: What to Do When You Get an Order
Design Patent Registration: A Comprehensive Guide
Industrial Design Registration in Brazil: Everything You Need To Know
Industrial Design Registration in Indonesia: Essential Guide
Patent Registration in Canada: A Quick Guide
Registering a Design Patent in China: All You Need to Know
Trademark Registration in Hong Kong: How It Works
Design Patent Registration in the US: What You Need to Know
Utility Model registration in China: A Quick Guide
Obtaining Legal Trademark Protection in Poland
Trademark Registration in Indonesia: A Quick Guide
The Process of Utility Patent Registration in the USA
Trademark Renewal and Validity in the US
Bases for Applying for a Trademark in the USA
Registration of a Utility Patent in the US: What You Need to Know
Trademark Registration in the US: A Comprehensive Guide
Trademark Registration in Malaysia: Essential Information
Trademark Registration in Turkey: What You Need to Know
Trademark Registration in Iran: A Quick Guide
Case Study: How iPNOTE Saved $184K for a CleanTech Company
Trademark Registration in Saudi Arabia
Patent Agent vs Patent Attorney: Understanding the Differences
Trademark Registration in The UAE: A Quick Guide
Trademark Registration in China: What You Need to Know
Trademark Registration: Everything You Need to Know!
Patent Registration: Everything You Need to Know!
Patent Registration in Japan
Cyprus IP Box Regime
We Are Hiring: Marketing Director!
5 Steps to Register an EU Trademark
12 Easy Ways to Save Money on IP
How to Register a Trademark in the US
How to Register a Patent in China
How to Select an IP Attorney
How to Register a Patent in Singapore
Why IP Management Automation is Key for Successful Global Expansion
Registering Patents in the US from Abroad
How to Register a Patent in the EU
We Are Hiring: Sales Manager Wanted!
What to Know Before You Start Protecting Your IP Globally
How to Cut Costs on International IP Registration
We Are Hiring: Project Manager Wanted!
How to Cut Down 13.553 € on IP Registration?
How Technology Is Changing The Global Intellectual Property Industry
Recap: How limited IP Waiver Could Solve Our Pandemic Vaccine Problems
Why do You Need an IP Management Platform?