Trademark registration in India

The application process includes a formal examination, which is based on distinctiveness, identity/similarity with prior pending marks or registered marks in the records of the Indian Trademark Office. It takes approximately 6-12 months from first filing to examination and acceptance of application for publication. After the mark is accepted for publication, the same is published in the Indian Trademark Journal for third party Opposition. The time limit for third party Opposition is 4 months from the date of publication. Incase no Opposition is filed within the statutory period in the published mark, then the same is entitled to be registered. Note that Indian Trademark Office allows 500 characters (alphabets with spaces) of goods and services under the prescribed statutory fee. If the number of characters exceed the limit prescribed, then the applicant is liable to be pay additional fee which is about Euro 1 for every 4 characters.

A trademark registration in India is valid for 10 years, which is counted from the date of filing of the application, notwithstanding when the mark is registered. Thus if the date of filing is January 1, 2010 and the mark is registered on December 1, 2012, the validity shall be counted from January 1, 2010 and shall remain in force until December 31, 2020. The mark must be renewed on or before December 31, 2020 or within 6 months period thereafter on payment of penalty and late fee.

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.