Trademark Protection in India

In India, a trademark is a legally recognised sign, symbol, word, or phrase that associates and differentiates a company's goods or services from others, protected under the Trade Marks Act, 1999.

Copyright protects original works like art and music, while a trademark protects brand identifiers like logos and names that distinguish products or services in the market.

A registered trademark in India is valid for 10 years, with the option to renew perpetually in 10-year increments.

Renewal fees are typically higher for companies and other applicants than for individuals, startups, and small enterprises — Brealant will confirm the exact current fee for your category before filing.

Indian trademark law dictates that generic, purely descriptive, offensive, or misleading terms and common surnames generally cannot be trademarked without evidence of acquired distinctiveness.

Any individual, proprietorship, partnership, company, or foreign entity can apply; applicants without a place of business in India must file through a local trademark agent or attorney.

You'll have an opportunity to file a counter-statement and evidence, and the matter proceeds to a hearing before the Registrar decides whether the application can proceed to registration.

Yes, once you hold an Indian application or registration, you can use it as the basis for a Madrid System filing to seek protection in other member countries.

Typically a signed Form TM-A, a clear representation of the mark, a specification of goods/services, applicant details, and a Power of Attorney authorising your agent to file.

You gain the exclusive right to use the mark for the registered goods/services, can license or assign it, use the ® symbol, and take infringement action against unauthorised use.