Trademark registration in India.
End-to-end trademark filing, prosecution, opposition and brand protection strategies — domestic and across Madrid Protocol jurisdictions.
A comprehensive guide to trademark registration in India
Everything you need to know about trademark registration, protection and enforcement in India — from eligibility to prosecution and well-known mark status.
A trademark is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others. It may include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, combination of colours or any combination thereof.
- Marks devoid of distinctive character
- Marks which designate the kind, quality, quantity or intended purpose of goods/services
- Marks which have become customary in current language or trade practice
- Marks likely to deceive the public or cause confusion
- Marks prohibited under Emblems and Names (Prevention of Improper Use) Act, 1950
- Marks containing scandalous or obscene matter
- Marks likely to hurt religious susceptibilities
India allows multi-class trademark applications under the Trade Marks Act, 1999 (as amended). A single application can cover multiple classes of goods and services.
| Office | Jurisdiction |
|---|---|
| Mumbai (Head Office) | Maharashtra, Goa, Gujarat, Madhya Pradesh, Chhattisgarh, Daman & Diu, Dadra & Nagar Haveli |
| Delhi | Jammu & Kashmir, Punjab, Haryana, UP, Uttarakhand, Himachal Pradesh, Rajasthan, Delhi, Chandigarh |
| Kolkata | West Bengal, Bihar, Jharkhand, Odisha, Assam, Sikkim, Meghalaya, Tripura, Arunachal Pradesh, Manipur, Mizoram, Nagaland |
| Chennai | Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana, Puducherry, Andaman & Nicobar, Lakshadweep |
| Ahmedabad | Additional office for Gujarat registrations |
Where a trademark has been determined to be well-known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trademark as a well-known trademark for registration under the Act.
Trademarks can be licensed and assigned like moveable property for consideration. Trademarks carry goodwill and can be assigned with or without goodwill.
Trademarks can be licensed to third parties while retaining ownership, allowing controlled use under agreed terms.
Trademarks can be assigned with or without goodwill to transfer ownership to another party.
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