If you are thinking of registering a trademark in India, you are in the right place. Trademark Angel offers very competitive prices and is capable of doing all types of trademark related work in India. The Trademark registration process is quite similar to the Canadian process with some important differences.

Important highlights about the Indian registration process:

  • There are two types of applications available: a) Proposed to Use and b) Already in Use.
  • In both types of applications, your application is assigned a serial number and examined after filing.
  • Your trademark is reviewed on absolute and relative grounds and it can be refused if there is a similar mark or if the mark is merely descriptive.
  • No specimens of use are required. No use is required before registration.
  • For a straightforward trademark application, you are looking at 10 months before your trademark registers.
  • In India, there is provision of show cause hearing, if there are any objections from the Trademark registry.

We have a designated register a trademark in India Attorney so we can take care of all your legal needs in India, from filing to opposition and litigation. We can also help with other legal matters in India.

Select a plan to start your Trademark Registration in India

Prices are in USD for India

SAIL THROUGH

$445

Covers filing your application and reporting the progress all the way to registration. Single class. This is our entry-level package.

ALL IN

$745

Covers full trademark registration, including reporting and responding to non-substantive examiner’s objections. Re-filing guarantee.

BELLS AND WHISTLES

$1195

Covers all aspects of trademark registration, including responding to all examiner’s objections. Free re-filing.

Prices depend on the country. Please check individual country page for exact prices for each package.

View All Country Packages

Details About Indian trademark packages

What’s included:

Preparation and filing of your application and reporting the progress all the way to registration.

The maximum number of classes: 1.

Our professional fees for each extra class are $100.

What’s not included:

Government fees, responding to examiner’s objections (office actions), opposition proceedings, free re-filing and additional extras that you get with the “ALL IN” package

If an office action is received, you will be notified and provided with an estimate to respond based on our hourly rate. Where possible, we will try to give you a flat fee.

When to choose:

If your funds are limited and if our free trademark search didn’t uncover any obstacles to registration.

When it’s better to choose another package:

If our search showed that there may be an objection that may need to be addressed.

If your trademark may be problematic and re-filing may be required.

We usually recommend the ALL IN package in India as in India objections are quite common.

What’s included:

Covers everything that is included in “SAIL THROUGH” package plus reporting and responding to non-substantive (procedural) office actions and free re-filing if Client’s mark is refused by Trademarks Office.

Free re-filing will be done on our “SAIL THROUGH” package conditions – you will be responsible for government fees but we will waive professional fees. Check out our FAQ section for re-filing details.

The maximum number of classes: 1.  Our professional fees for each extra class is $100.

Free extras:

Unlimited consultations with us about your trademark (average value of $250).

What’s not included:

Government fees, substantive office actions, opposition proceedings and additional free extras that you get with “BELLS AND WHISTLES” package.

When to choose:

Most popular – this package gives you peace of mind and predictability of the budget. This is the package we recommend for India.

Why is it a better choice than “SAIL THROUGH” package:

We will deal with non-substantive office actions for free.  In addition, if your trademark is refused, you will have an option to file for a different trademark and our professional fees will be waived!

File with confidence:

If your trademark is refused,

We’ll file another – fee excused.

What’s included:

Covers everything that is included in the “ALL IN” package plus reporting and responding to substantive office actions and free re-filing if Client’s mark is refused by Trademarks Office.

Free re-filing will be done on our “ALL IN” package conditions – you will be responsible for government fees but we will waive professional fees. Check out our FAQ section for re-filing details.

The maximum number of classes: 3.  Our professional fees for each extra class is $200.

Free extras:

  • Unlimited consultations with us about your trademark (average value of $250).

What’s not included:

Government fees and opposition proceedings.

When to choose:

Most popular – this package gives you peace of mind and predictability of the budget. This is the package we recommend for India.

Why is it a better choice than “ALL IN” package:

We will deal with substantive office actions for free.  In addition, if your trademark is refused, you will have an option to file for a different trademark and our professional fees will be waived! Since substantive objections are very common, this package is a great deal.

File with confidence:

If your trademark is refused,

We’ll file another – fee excused.

Government fees are not included in our packages and are extra

govfees

Trademark application for a Company (for the first class): $ 150

Trademark application for a Company (for each extra class): $ 130

OR

Trademark application for an Individual (for the first class): $ 75

Trademark application for an Individual (for each extra class): $ 70

Claiming priority from your earlier filed US, Canadian, EU or Australian trademark: $140 (this includes obtaining a certified copy of your first filed trademark application and translating the documents into Hindi). The courier charge is extra and will be around $80 (to mail from Canada or the US to India).

Responding to objections: hourly basis

Possible additional fees:

Any Stamp Paper Charges: case to case basis.

Any clerical charges: $ 15

Upgrades

Upgrade 1

$300

Upgrade “SAIL THROUGH” package to “ALL IN” package

Upgrade 2

$750

Upgrade “SAIL THROUGH” package to “BELLS AND WHISTLES” package

Upgrade 3

$450

Upgrade “ALL IN” package to “BELLS AND WHISTLES” package

Frequently Asked Questions

What is a power of attorney? When do I need to sign a power of attorney?
A Power of Attorney, POA in short, is a legal document that authorizes an entity to represent or act for another person, usually, in the managing of the person’s property, business or private affairs. The former is called the Attorney or Agent whereas the latter is commonly known as the Principal. In Trademarks, a Power of Attorney is required to appoint an Attorney on your file so he/she can represent you before the respective Trademarks Office. Having said that, in many countries including the US, UK, Europe, Canada and Australia you don’t need to sign a POA for a standard trademark application (power of attorney is already implied when you entrusted your attorney/agent trademark registration). However, there are countries, such as, China, Mexico, Russia and India where a POA signed by the owner or any other person legally bound to the owner is required in order to file a trademark application. In the US, when an applicant wishes to replace its existing attorney and appoint a new attorney, it needs to sign a Power of Attorney authorizing the new attorney to prosecute the trademark application.
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How does the process work with Trademark Angel? What happens after I buy a trademark package?

There are 3 ways how you can proceed:

  1. Book an initial phone call with us. Here is the link for the trademark package
  2. Ask for a free preliminary trademark search to get an idea of whether your trademark can be registered. This is a basic search but if your mark is unregistrable, we'll be able to tell you. Order your search here.
  3. Buy a trademark package right away to start the trademark registration process without further delay. You can see our pricing on this page and can buy directly from our website.

What happens after I buy a trademark package?

  1. We'll confirm your order.
  2. We'll check if your trademark is registrable. A comprehensive trademark search will be done at this stage. We will provide detailed recommendations on how to increase the chances of achieving registration if your trademark turns out to be problematic.
  3. If your trademark is registrable, we'll move forward with the trademark registration process.
  4. If your trademark has low chances of achieving registration, you will have 3 options:
  • Ask for a full refund;
  • Come up with a different name. We will provide detailed instructions for this. Further trademark searches are included in the package and there is no extra cost. We'll keep searching until we find a registrable trademark;
  • Proceed with the filing anyway.
The choice is yours. Make the first step now.
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Who can use the registered mark symbol in India?
You can use ® symbol if your Indian trademark has registered. Using the symbol ® unless your trademark is registered in India is unlawful. Using ™ symbol with your trademark means that you claim to be the owner of the trademark and that you use the trademark as a “source indicator”. You can use the  ™ symbol ™ in India on registered or unregistered trademarks.
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Do I have to use my trademark in India prior to filing? Is use after registration necessary?
No use is required for filing or registration. Indian trademark law allows one to file a trademark application in India on an 'intent-to-use' basis. The owner of the registered trademark in India has to start using within 5 years and 3 months of the date of registration. If use in India has not started, the registered trademark may be challenged in invalidation proceedings.
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How long are Indian trademarks valid for?
A registered Indian trademark is valid for 10 years and can be renewed every 10 years indefinitely. Unlike patents or copyrights, trademarks do not expire and just increase in value over time.
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Can surnames or last names be registered in India?
Names or surnames cannot be used as a trademark in India if they do not possess a distinctive character. Common names and surnames may not be registered as it may lead to confusion. However, is a surname is uncommon or very rare, it may be considered distinctive and registrable. The biggest problem with registered a surname is that one cannot claim exclusive rights over it and cannot stop people who have the same surname from using it.
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On what grounds can a trademark be refused in India?
1. Absolute Grounds for Trademark Refusal in India:
  • Trademarks which are devoid of any distinctive character; that is to say, not capable of distinguishing the goods or services of one person from those of another person;
  • Trademarks which consist exclusively of marks or indications which may serve in a trade to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of goods or of rendering of services, or other characteristics of goods or services;
  • Trademarks which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade.
2. Relative Grounds for Trademark Refusal in India: If identical trademarks are found or if similar trademarks are found (similar to Canada, US or Australia).
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What marks are not registrable as trademarks in India?
Some trademarks cannot be registered in India. Some common reasons when a trademark in India cannot be registered are:
  • If they lack distinctiveness and likely to cause deception or confusion;
  • If they are likely to hurt religious sentiments of any community;
  • If they contain any scandalous or obscene matter cannot be registered either;
  • Trademarks that are prohibited under the Emblems and Names Act, 1950;
  • Trademarks of shapes which are purely functional or necessary to obtain a technical result or which give substantial value to the goods.
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Trademark Registration Process in India?
When a trademark application is filed, the India Trademark Office will review the application. Then an official receipt will be issued. TMO will review the submission and it usually takes about 1 month for the formality check review. Your trademark will then go through a substantial examination, which will last about 4 months. If everything goes smoothly, we will receive a preliminary publication notice within 6 months from the application date. After a 4-month opposition period, the trademark will be approved for registration. The whole process takes about 12 months in total.
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Do you do a free trademark search in India?
We offer a free identical trademark search for India (order on our website). Trademark search is really important before you decide whether to file or not as it may uncover a trademark that may be an obstacle to your trademark registration. While identical trademark search will find an obvious obstacle, a "similar mark" search is highly recommended. While such type of search is free in the US, Canada, EU, UK and Australia, if you would like a comprehensive similar mark search in India, the cost will be $150.
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What is the trademark classification in India?
India trademark classification system is based on the NICE classification system (1-34 for products and 35-45 services). Please read more about NICE classification system here. If you would like to get an idea of how goods and services are classified, have a look at general class headings.
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Can I use my trademark in India if it isn’t registered?
Though India is a “first-to-use basis” country, we do not recommend that you use an unregistered trademark in India since it may be stolen by a competitor and registered as “his” or “hers”. We recommend filing in India as soon as you have determined that this jurisdiction is important to your business.
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What is required in order to file a trademark application in India?
To file a trademark application in India, we will need a few things from you:
  • The full legal name of the applicant (either your company /personal name);
  • Entity Type (Company/Individual);
  • The full address of the applicant;
  • The trademark name. If you are filing for a logo, copy of the logo;
  • The products which you sell or plan to sell under your trademark (provide a list);
  • The services which you offer or plan to offer under your trademark (provide a list);
  • Power of attorney.
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Why should I consider registering my trademark in India?
Trademark right is a territorial right. trademark protection is necessary to avoid infringement attack and protect your brand name, if your business is ever related to India market, say, exporting to India, OEM business using Indian manufacturer, Outsourced work to India, KPO, BPO, LPO, Captive Centers or any research and are planning to launch the products/services to Indian market in future. Also trademark registration is required to list your product/service online at different platforms like Amazon, Flipkart, Ajio, Snapdeal, YouTube etc.  Registration provides the trademark owner with a right to sue for damages when infringements of trademarks occur. An Indian trademark will allow you to get into Brand Registry.
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How long are trademarks valid for?
Trademarks can last forever if they are renewed on time. Keep in mind you will have to continue using your trademark to keep it in good standing. In the US, you must renew your trademark every 10 years. The 10 year term is counted from the registration date. In addition, between the 5th and 6th year after the registration date, you must file an "affidavit of use" to keep the registration alive. In European Union, Germany, the United Kingdom, India and Australia, you have to renew your trademark every 10 years. The 10 year term counts from the application date. In China, trademarks have to be renewed every 10 years. The renewal period is counted from the date of registration. In Canada, a trademark has to be renewed every 10 years (the renewal period was changed from 15 to 10 years in June of 2019). The 10 year term counts from the registration date.
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