Trademarks & Brand Protection

A trademark is any sign capable of distinguishing the goods or services of one business from another. This includes words, logos, slogans, colours, shapes, sounds, and combinations of these. Registration gives you the exclusive right to use that mark in connection with the goods or services it is registered for, and the legal standing to prevent others from using identical or confusingly similar marks.

The ™ symbol indicates that a business is claiming trademark rights in a mark, but that the mark is not yet registered. The ® symbol indicates that the mark has been registered with the Trade Marks Registry. Only registered marks may use the ® symbol. Using ® on an unregistered mark is an offence under Indian law.

The process involves conducting a clearance search to check for conflicting marks, filing an application with the Trade Marks Registry specifying the mark, the class of goods or services, and the applicant details. The application is then examined by the Registry, published in the Trade Marks Journal for opposition, and if no opposition is filed or the opposition is resolved in your favour, the mark proceeds to registration. The entire process typically takes 12 to 24 months, though timelines vary.

A trademark registration in India is valid for 10 years from the date of application and can be renewed indefinitely for successive 10-year periods. Renewal applications should be filed before the expiry date to avoid additional fees or the risk of removal from the register.

Yes. India is a member of the Madrid Protocol, which allows you to file a single international application through the Indian Trade Marks Registry designating the countries where you want protection. This is more efficient and cost-effective than filing separate applications in each country. We coordinate international filings and advise on filing strategies based on your commercial priorities.

You can send a cease-and-desist notice, file a suit for trademark infringement or passing off before the appropriate court, seek interim injunctions to stop the infringing activity immediately, and claim damages or an account of profits. If the infringement is online, you can also pursue platform-level takedowns and domain name dispute proceedings. Registration significantly strengthens your enforcement position, but even unregistered marks can be protected through a passing off action.

A well-known trademark is one that has been declared as such by a court or the Trade Marks Registry based on its reputation among the relevant public. A well-known mark enjoys protection across all classes of goods and services, not just the classes in which it is registered. This means you can prevent others from using your mark even in unrelated industries. We have secured well-known trademark declarations for clients across multiple sectors.

Parallel imports, also known as grey market goods, are genuine products manufactured by or with the consent of the brand owner but imported into India through unauthorised distribution channels. While the goods themselves are not counterfeit, they bypass the brand owner’s authorised distribution network, often undercutting local pricing and affecting brand control. Indian law on trademark exhaustion in the context of parallel imports is still evolving, and we advise brands on litigation strategy, customs recordal, and contractual mechanisms to address this issue.

The standard timeline for an uncontested trademark registration in India is approximately 12 to 18 months from filing. This includes the examination queue (which can take several months depending on the Registry’s backlog), the examination itself, publication in the Trade Marks Journal, and a four-month statutory opposition period. Common delays include examination objections requiring a written response or a show-cause hearing, opposition proceedings filed by third parties, and incomplete or defective applications. Choosing the right class, drafting a clear specification, and conducting a thorough clearance search before filing significantly reduce the risk of delays.

Yes. Under Rule 34 of the Trade Marks Rules, 2017, you can request expedited examination by filing Form TM-M electronically. This reduces the examination timeline from 12 to 18 months to approximately 1 to 3 months. The government fee for expedited examination is Rs. 20,000 per class for individuals, startups, and MSMEs, and Rs. 40,000 per class for companies and LLPs. This is in addition to the standard filing fee of Rs. 4,500 per class (individuals, startups, MSMEs) or Rs. 9,000 per class (companies, LLPs) for e-filing. Note that expedited examination speeds up the examination stage but does not eliminate the four-month opposition period after publication.