India

  • International Country Code:

    IN
  • Time Zone:

    UTC/GMT +05:30
  • Currency:

    Indian rupee (INR)

Trademark in India

India
from 379.00
Number of Classes
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  • Trademark fees

Fees associated with filing trademark applications in India as well as other trademark fees are available in the fee calculator.

  • Multiple class applications

Multiple class trademark applications are possible in India.

  • Filing requirements in India

The official languages of the trademark application in India is English or Hindi.

To obtain a filing date it is necessary to provide the Indian Patent Office with:
- mark to be applied for;
- class(es) according to the 11th edition of the Nice Classification;
- specification of goods or services;
- name, nationality, legal status and complete address of the applicant;
- details of priority i.e. Application Number, date and country, if priority is being claimed;
- details in the form of (DD/MM/YY) if the mark is being used in India or Intend-to-use. If the mark is being used in India, then an affidavit of use has to be filed along with the application.

A certified copy of the Priority Document must be submitted within two months from the date of filing. If the priority document is not in English, then a certified translation of the document must be provided with it.

It is recommended to provide the Power of Attorney simultaneously with the filing of the application. Power of attorney has to be simply signed. Legalisation or notarization of the Power of Attorney in India is not required.

  • Examination, publication and opposition to a trademark application in India

The application will undergo complete examination (formal and substantive) including a search for conflicting marks and an examination of distinctiveness. The trademark application in India may be opposed by any interested person within four months from publication of the application.

  • Grant, validity term and trademark renewal

The validity term of a registered trademark in India is ten years from the date of filing, renewable an unlimited number of times for a period of ten years. An application for renewal must be filed within one year prior to the expiration date or in the grace period of six months succeeding the expiration date. If the application is filed within the grace period, a surcharge applies.

  • Duration of registration procedure

The processing time from first filing to registration is approximately 12-14 months in the case of a smooth registration procedure.

  • Use requirement 

A trademark in India may be subject to cancellation if said trademark has not been used within a continuous period of five years from the registration of the trademark.

  • Representation by a trademark attorney

Applicants are required to have an address for service in India. For foreign applicants, it is recommended to perform trademark prosecution in India through a practising trademark attorney of India.

  •  Note

Online Search databases: Indian Trademarks, International Trademarks, TMView.

Brief summary is based on the information provided by Vutts & Associates on 08.01.2019
Please contact us if the above information contains any discrepancies with Indian IP Laws

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