Trademark registration in India. India, officially the Republic of India, is a country in South Asia. It is the second-most populous country, the seventh-largest country by land area, and the most populous democracy in the world. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in India.
Necessary for trademark registration in India
The necessary for trademark registration in India include:
- Power of attorney;
- Trademark sample;
- List of goods and/or services according to the International Classification.
Types of trademarks registrable in India
Types of trademarks registrable in India include:
- Alphabet;
- Name;
- Image;
- Color;
- Certain three-dimensional shape;
- Sound;
- Overall commercial image;
- Slogan;
- Certification marks;
- Famous brands;
- Collective brand;
Forbidden types of trademarks in India
The forbidden types of trademarks in India include:
- Trademarks contrary to ethical standards or public order;
- General signs;
- Symbol/flag/name of a country, state, region, or international organization;
- Trademark lacks distinctiveness;
- Trademarks have a primary function as a surname (in a name);
- Trademarks have a primary function as a geographical indication or indicating a place.
The procedure of trademark registration in India
After searching and making sure that the owner’s trademark is registrable in India, the owner can proceed to apply for registration in two ways:
- File an application in person at India Trademark Office in Chennai, Delhi, Mumbai, Victatta;
- File an application online.
After the application is filed, a notice will be issued to guarantee the right to future owners that their trademark is in the process of being registered, and this will also be displayed online at the website where the trademark is registered.
After the trademark application has been submitted, the mark will be examined by a specialist of the Trademark Office to check for distinctiveness. The inspection will take place from 1 to 2 months. The specialist may accept the full or conditional acceptance of the mark.
If fully accepted, the mark will proceed to publication in the Official Gazette. If not fully accepted, the conditions that need to be met or objected to will be mentioned in the inspection notice and the time for the owner to fulfill these requirements will be 1 month by the Indian IP Office.
Trademark publication and renewal process in India
The trademark publication step is incorporated in the trademark registration procedure so that anyone who opposes the registration of the mark has the opportunity to file an objection to the registration. If there is no objection, after 04 months from the date of publication of the mark, the trademark will be officially registered.
If the registered trademark meets the protection criteria and completes the procedure of trademark registration, the owner will be granted a trademark protection certificate in India.
The registered trademark can be renewed every ten years.
India is a member of the Madrid Protocol. Therefore, enterprises wishing to register trademarks for protection in India will follow the procedures set out in the Madrid Protocol.
You can see a list of India IP firms here.