Trademarks—India—Q&A guide
Trademarks—India—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Trademarks—India—Q&A guide
  • 1. What is the primary legislation governing trademarks in your jurisdiction?
  • 2. Which international trademark agreements has your jurisdiction signed?
  • 3. Which government bodies regulate trademark law?
  • 4. Who may apply for registration?
  • 5. What may and may not be protected and registered as a trademark?
  • 6. Can trademark rights be established without registration?
  • 7. Is a famous foreign trademark afforded protection even if not used domestically? If so, must the foreign trademark be famous domestically? What proof is required? What protection is provided?
  • 8. What are the benefits of registration?
  • 9. What documentation is needed to file a trademark application? What rules govern the representation of the mark in the application? Is electronic filing available? Are trademark searches available or required before filing? If so, what procedures and fees apply?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to trademarks in India published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2020).

Authors: ANA Law Group—Anoop Narayanan; Shree Misra

1. What is the primary legislation governing trademarks in your jurisdiction?

The primary legislation governing trademarks in India is the Trade Marks Act 1999 and the Trade Marks Rules 2017.

2. Which international trademark agreements has your jurisdiction signed?

India is a signatory to the following international trademark agreements:

  1. the Paris Convention for the Protection of Industrial Property 1883;

  2. the Agreement on Trade-Related Aspects of Intellectual Property Rights 1994;

  3. the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks 1989;

  4. the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of Registration of Marks 1957; and

  5. the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks 1973.

3. Which government bodies regulate trademark law?

Trademark law in India is governed by the Trade Marks Registry under the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM). The CGPDTM is under the Department of Promotion of Industry and Internal Trade of the Ministry of Commerce and Industry in India.

4. Who may apply for registration?

A trademark registration application in India can be filed by any person claiming to be the trademark’s proprietor, including

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