How to Register a Trademark in India:
Key Answers for Foreign Applicants

Thinking about protecting your brand in India?
In this guide, we answer the most common questions foreign applicants have about registering a trademark in India.
Start your application now : bom4ww@evershinecpa.com

I. Trademark Registration in India
－ Foreign Applicants FAQ

1. Can foreigners register trademarks in India?
   Yes. Foreigners can register trademarks. If you have no business location in India, provide a local service address.
   To make the process easier and ensure clear communication, it is recommended to appoint a registered Indian trademark agent.
2. What is the language for trademark applications?
   Applications and documents must be in English or Hindi.
   >> See Section V for translation rules.
3. What is the application fee for trademarks?
   Fees vary by applicant type and filing method (e-filing or paper).
   >> See Section III for details.
4. Does a foreign trademark need to be used in India?
   If you claim your trademark was already in use before filing the application in India, you must provide an affidavit (a written statement) and supporting documents to prove it.
   After registration, non-use for 5 years may lead to cancellation.
5. How long does it take to register a trademark in India?
   。Regular applications take 6 months to 2 years.
   。Expedited examination (see Section IV) can be completed in about 3 months.
6. How can I do a trademark search in India?
   Use the Indian Trademark Office’s online database. The Registrar also searches for identical or similar marks during examination.
7. Do foreign applicants need to provide proof of trademark use in India after registration?
   Not at filing. “Proposed to be used” applications are allowed. However, non-use for 5 years may require proof to retain rights.
8. What if my trademark application is rejected?
   Respond to the Registrar’s objection within 1 month. If refused, you may appeal to the Intellectual Property Appellate Board within 3 months.
9. What should I do after my trademark is registered?
   Renew your trademark to keep it active (see Section II). Monitor the market to prevent unauthorized use.
10. What are common reasons a trademark application might be refused in India?
    Applications may be refused due to:
    • Absolute Grounds (Issues with the trademark itself): Lack of distinctiveness, descriptive or customary terms, offensive/misleading content, shape-based issues, chemical names, or non-distinctive domain names.
    • Relative Grounds (Conflicts with existing trademarks) : Similar or identical to an existing mark, or too close to a well-known trademark.

II. Trademark Registration Process in India for Foreign Applicants

• Step 1 – Check Your Trademark
  Search the official Indian Trademark Office database to make sure your brand name or logo isn’t already taken.
• Step 2 –Appoint Evershine as the Local Trademark Agent
  by email : bom4ww@evershinecpa.com
• Step 3 – Prepare Your Documents.
  Get ready with:
  • Passport or ID (for individuals)
  • Company registration certificate (if applicable)
  • Trademark details (name, logo, etc.)
  • Power of attorney
• Step 4 – File Your Application.
  • Submit Form TM-A to bom4ww@evershinecpa.com
  • All documents must be in English or Hindi.
    From a Madrid Protocol country? Apply via the international route through WIPO.
• Step 5 – Examination
  The Registrar reviews your application. If there are objections, you have 1 month to respond.
• Step 6 – Publication
  • If accepted, your trademark is published in the Trademark Journal for 3 months.
  • Anyone can file an opposition within 4 months from the publication date.
• Step 7 – Opposition (if any)
  If opposed, both sides present evidence and attend hearings.
• Step 8 – Get Registered
  No opposition? You’ll receive your Registration Certificate — your official legal right to the trademark in India.
• Step 9 – Renewal Every 10 Years
  Keep your rights active by renewing within 1 year before expiry. Protection can be extended indefinitely.

III. Trademark Government Fees in India

1. Trademark Application Government Fees
   • Single Class Application:
     Individual / Startup / Small Enterprise:
     E-filing: ₹4,500 ; Physical filing: ₹5,000
   • Others (including most foreign applicants):
     E-filing: ₹9,000 ; Physical filing: ₹10,000
2. Opposition Proceedings
   • Filing notice of opposition (per class):
     E-filing: ₹2,700 ; Physical filing: ₹3,000 (Form TM-O)
   • Extension to file opposition: ₹500
   • Counter statement (per application/mark): ₹1,000
3. Renewal & Restoration
   • Renewal (per class):
     E-filing: ₹9,000 ; Physical filing: ₹10,000 (Form TM-R)
   • Late renewal surcharge (within 6 months):
     E-filing: ₹4,500 ; Physical filing: ₹5,000
   • Restoration (within 1 year):
     E-filing: ₹9,000 ; Physical filing: ₹10,000
4. Assignment & Changes
   • Registering subsequent proprietor:
     E-filing: ₹9,000 ; Physical filing: ₹10,000 (Form TM-P)
   • Change of name/description of proprietor or user:
     E-filing: ₹1,800 ; Physical filing: ₹2,000
   • Change of address:
     E-filing: ₹900 ; Physical filing: ₹1,000
   • Amendment of trademark:
     E-filing: ₹2,700 ; Physical filing: ₹3,000
5. Expedited Processing
   • Request for expedited examination: ₹12,500 (Form TM-M)
   • Expedited search & certificate fee: ₹25,000 (e-filing). This is a separate service from expedited examination.

IV. Accelerated Trademark Examination in India

What is the procedure and timeline for accelerated examination?

• Submit the request:
  File Form TM-M and pay the applicable fee.
• Examination timeline:
  The application is usually examined within 3 months.
• Faster overall processing:
  After examination, the following steps are also accelerated:
  1. Replying to the examination report
  2. Scheduling of hearing (if any)
  3. Publication in the Trademark Journal
  4. Opposition proceedings
  5. Final decision

V. Common Challenges for Foreign Applicants Registering Trademarks in India

1. Are there language and translation requirements?
   Yes. There are several important rules:
   • If your trademark contains words or numbers not in Hindi or English, you must provide:
     • A transliteration (how it sounds), and
     • A translation in English or Hindi,
     • Plus, state the original language.
   • In opposition proceedings, any documents not in Hindi or English must be accompanied by a certified translation.
   • For Madrid Protocol filings, all communication with the Indian Trademark Office must be in English.
     Also, if your trademark includes foreign words that are considered descriptive in Indian languages (e.g., Punjabi, Tamil, Bengali, Urdu, Hindi, Telugu, etc.), it may be rejected or opposed.
2. Is evidence of use required?
   • If you claim your trademark was used before the application date, you must provide an affidavit with supporting documents.
   • For marks that are not inherently distinctive, and you claim they have acquired distinctiveness through use, you’ll need strong evidence.
     Especially if the trademark was mainly used outside India or only used for export, proving acquired distinctiveness in India may be difficult.
3. Are there procedural or jurisdictional challenges?
   Yes. Foreign applicants should be aware of:
   • How to determine the correct Trademark Office based on your service address in India.
   • Strict deadlines:
     • Response to examination report: within 1 month
     • Response to deficiency notice: within 1 month
   • For Madrid Protocol filings, additional certification and transmission fees may apply.
4. Are there special requirements for claiming convention priority?
   Yes. If you are claiming priority from a convention country, you must submit:
   • A certified priority document issued by the trademark or patent office of that country.
   • It should be submitted within 2 months from the filing date in India.
5. Any other considerations for foreign applicants?
   While India allows trademark filings via the Madrid Protocol, and foreign startups may be eligible for benefits like expedited examination, the above procedural and legal requirements can still be challenging for applicants unfamiliar with Indian laws and practices.
   To make the process easier and ensure clear communication, it is recommended to appoint a registered Indian trademark agent.

Contact Us

Mumbai Evershine BPO Service Limited Corp.
Email: bom4ww@evershinecpa.com
A-16, 1st Floor, Aruna Asaf Ali Marg, Qutub Institutional Area, New Delhi, 110067, India
Manager Punit Singh Negi , speak in Indian and English.
Skype: cspunitnegi  
or
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LinkedIn address:Dale Chen

Additional Information (version: 2024/07)

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