Registering a Trademark in India: Process and Common Pitfalls

This article is general information only, not legal advice, and not solicitation of work. It should not be relied upon as a substitute for advice on your specific facts.

Choosing the Right Class and Mark

Trademark registration in India begins with correctly identifying the class or classes of goods and services under the Nice Classification that the mark will be used for, and confirming the mark is genuinely distinctive rather than merely descriptive of the product itself, since descriptive marks face a much harder path to registration.

The Filing and Examination Process

After filing, the Trademarks Registry examines the application for both absolute grounds, such as lack of distinctiveness, and relative grounds, such as conflict with existing marks. If objections are raised, the applicant must respond, sometimes through a hearing, before the mark proceeds to publication in the Trademark Journal for opposition by third parties.

Common Pitfalls

Frequent mistakes include filing in the wrong class, choosing a mark too similar to an existing registered mark, failing to respond to examination reports within the deadline, resulting in the application being deemed abandoned, and not monitoring the Trademark Journal during the opposition window, which can allow a competitor’s opposition to go unanswered.

After Registration

Registration, once granted, lasts ten years and is renewable indefinitely, but the mark must actually be used, since non-use for a continuous period can expose it to a rectification or removal application by a third party. Businesses should also actively monitor for infringing use and respond promptly, since delay in enforcement can weaken later claims.

This note is prepared by our IP & Technology team. If you are dealing with a related situation, get in touch with us.