To register a trademark in India, you are required to satisfy several conditions in order to obtain the exclusive rights over the usage of the mark. A trademark doesn’t need to be domiciled in India to gain registration; instead, a trademark in another international country can go through the World Intellectual Property Organization (WIPO) and request registration in their resident country and in India. However, registration can be a considerably lengthy application process and may require the expertise of an intellectual property attorney or other specialist professional.
How to register a India Trademark
It is required that the intellectual property owner applies to the Controller General of Patents Designs and Trademarks (CGPDTM) either directly or through an professional consultancy firm/attorney for official certification of their rights over the mark.
Prior to seeking registration for your India trademark, you must ensure the mark is compliant with all CGPDTM standards and the Trade Marks Act 1999.
India trademarks are well protected under the Trade Marks Act 1999 and provide owners with a great level of legal support in cases of passing off and infringement of intellectual property rights. This is one of the main reasons to register an India trademark as it also helps companies build their brand name and customer loyalty within the territories if India.
Understanding the laws and registration application processes in another country can be complex and time consuming. It is also paramount that you are provided with reliable, up to date and relevant information in order to assist you with your trademark application. As such, it is almost always advised that a professional within the industry is enlisted to guide you throughout the entire application process.
Whether you choose to register a trademark in India through WIPO or you are resident in India and need to register through the CGPDTM you can seek your trademark rights for a period of 10 years provided the mark meets all necessary requirements. Some of these requirements include ensuring the trademark is capable of graphical representation and is available to use i.e. not the same or similar to other registered trademarks.
View our India Trademark Registration services page to learn how Starting Business can help.