Register a Trademark in India
>>>Protect your brand with a trademark in India<<<
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 work in India. 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 Indian Trademark 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.
Pricing of Our Packages
The prices are in USD$ for India
- Covers filing your application and reporting the progress all the way to registration. Single class. This is our entry-level package.
- Covers full trademark registration, including reporting and responding to non-substantive examiner’s objections. Single class. Re-filing guarantee.
Details about Indian trademark packages
Government fees are not included in our packages and are extra
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.
To open in a new tab, click: Who can use the registered mark symbol in India?
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.
To open in a new tab, click: Do I have to use my trademark in India prior to filing? Is use after registration necessary?
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.
To open in a new tab, click: How long are Indian trademarks valid for?
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.
To open in a new tab, click: Can surnames or last names be registered 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).
To open in a new tab, click: On what grounds can a trademark be refused 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.
To open in a new tab, click: What marks are not registrable as trademarks 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.
To open in a new tab, click: Trademark Registration Process 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.
To open in a new tab, click: Do you do a free trademark search 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.
To open in a new tab, click: What is the trademark classification in India?
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.
To open in a new tab, click: Can I use my trademark in India if it isn’t registered?
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.
To open in a new tab, click: What is required in order to file a trademark application 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.