– The Trade Marks Act, 1999 (47 of 1999), in force as of September 15, 2003.
– The Trade Marks Rules, 2002.
– The Trade Marks (Amendment) Act, 2010 (40 of 2010), in force as of July 8, 2013.
– The Trade Marks (Amendment) Rules, 2013, in force as of July 8, 2013.
– The Trade Marks (Amendment) Rules, 2014, in force as of August 1, 2014.
– The Trade Marks (Amendment) Rules, 2017, in force as of March 6, 2017.
– The Tribunals Reforms Act, 2021, in force as of April 4, 2021.
– The Jan Vishwas (Amendment of Provisions) Act, 2023, published on August 11, 2023.

– Convention Establishing the World Intellectual Property Organization (WIPO), as of May 1, 1975.
– WTO’s TRIPS Agreement, as of January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, as of December 7, 1998.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), as of July 14, 2005.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, as of July 8, 2013.
– Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, as of September 7, 2019.
– Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, as of September 7, 2019.

Note: India acceded to the Madrid Protocol with the treaty coming into force on July 8, 2013. The Act and Rules have accordingly been amended to include a new chapter in the Act pertaining to "Special provisions relating to the protection of trademarks through International Registration under the Madrid Protocol". India has chosen English as the official language for all communication regarding International Registration under the Madrid Protocol. Further, a time frame of eighteen months has been decided for the purpose of notifying a provisional refusal to the International Bureau (IB). Also, as a condition of accession, only the International applications filed on or after July 8, 2013 can designate India. An International Registration originating from India can be filed online.

Application for registration: an application for registration may be made by any person claiming to be the proprietor of a mark, but only as regards the particular goods or services in respect of which he is using or proposing to use the mark. At the time of filing the application, the proprietor must have the intention to use the mark himself or through a registered user or by a person other than himself and a registered user. “Individuals”, “startups” and “small entities” can avail a 50% discount in filing fees. Electronic filings are eligible for a 10% discount. 

Multi-class applications can be filed.

Foreigners and nationals not living in the country: may be recorded as being registered proprietors of trademarks, but they must provide the Registry with an address for service in India, otherwise, they must appoint a registered agent or representative.

Kind of marks: the law provides for registration of marks being used or intended to be used on goods, services, certification and collective marks.

Notion of marks: a mark includes a device, brand, heading, label, ticket, sound, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof.

Registrability: a mark, devoid of any distinctive character; which consists exclusively of mark(s) or indication(s) which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin, time of production/rendering of the service, other characteristics of the goods or service; marks which consists exclusively of mark(s) or indication(s) which have become customary shall not be registered unless it has acquired a distinctive character as a result of the use made or is a well-known trademark before the date of its application for registration.

Not registrable: registration may be refused in respect of marks which are scandalous or obscene, which are likely to deceive, cause confusion, or offend religious susceptibilities, which are contrary to the law or morality. The Indian national flag, the name or pictorial representation of Mahatma Gandhi, Jawahar Lal Nehru, Chhatrapati Shivaji, or the Prime Minister of India and other names and emblems prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950) may not be registered as trademarks. Further, a mark consisting exclusively of the shape of goods, which results from the nature of goods themselves or which is necessary to obtain a technical result or if the shape gives substantial value to the goods, shall not be registered. The registration of names of chemical elements or International Non-proprietary Names (INNs) which have been declared as such by the World Health Organization (WHO) is prohibited as well as any word which is deceptively similar to such name.

Service marks: registrable.

Priority: can be claimed from the earliest corresponding application in a Convention country provided that application is filed in India within six months of the priority date. Priority document can be filed within two months of filing the application.

Classification: India has acceded to the Nice Classification and the 12th Edition of the International Classification of Goods and Services is used. By virtue of amendment in the Trade Marks Rules, 2002, the classification has been extended to 45 classes.

Multi-class applications: possible.

Territory covered: the whole of India.

Searches: the Registry has introduced a free public database for trademark searches. Consequently, official searches which were earlier being conducted by the Examiners at the Registry are no longer available.

Filing requirements for an application (to be sent to resident agent):
1. Name, address, state of incorporation, class(es) of goods/services;
2. Power of attorney (no notarization or legalization required);
3. 2-3 (or more) prints (in case of marks in color); three different views for three-dimensional marks;
4. Date of first use in India (actual date, month and year) or whether the mark is intended to be used. An affidavit with evidence of use must be filed if use in India is claimed;
5. Trade description of the applicants;
6. In case priority is being claimed, a certified copy of the priority document along with its certified English translation (if the priority document is not in English).

Note: as of January 2012 the following information must be provided to ensure smooth processing of applications: (a) the actual description of goods/services in respect of which the trademark is proposed to be used or has been used. Broad specifications containing terms such as “all goods/services”, “etc”, “all other goods/services included in class”, “goods/services not limited to” will not be entertained any longer; (b) the names of all proprietors in the case of a proprietorship firm, the names of all partners in the case of a partnership firm, the name of the managing trustee in the case of a trust and the name of a person representing the society in the case of a society; (c) if a trademark is being used at the time of application, the actual date, month and the year of use and not just the month and/or year of use; (d) proper translation/transliteration of the trademark in case of non-English/Hindi characters appearing in a trademark; (e) the trademark should be clearly visible.

Electronic filing: possible (reduced filing fees).

Electronic signatures: are generally not accepted. Wet signatures are preferred for filing, especially if a document is required to be stamped. The Registry is accepting documents on the basis of e-signature. However, the original must be submitted at a later date.

For a change of name or address:
1. Certified copy of an extract from the Commercial Register along with its sworn English translation evidencing the change of name and/or change of address (former to current);
2. Power of attorney, executed by the authorized signatory of the company, in original (no notarization or legalization required).

Note: a recordal request can be filed on the basis of scanned copies of the extract, the translation and the power of attorney. The original documents may be submitted subsequently.

Examination: applications are examined on both absolute and relative grounds to ensure that they comply with the requirements of the law and that they do not conflict with marks which are already registered, or which are the subject of earlier pending applications.

Expedited examination and registration: available, post filing; the applicant may file a formal request to expedite the processing of an application together with a declaration stating the reason for such request. The expediting covers not only examination but also acceptance, publication, opposition and registration.  

Amendments: an application may be amended provided the amendment does not constitute a major alteration.

Disclaimers: available. 

Grounds for refusal: registration may be refused if its use is preventable by virtue of any law including the law of passing off or copyrights or if it is an accepted chemical or international non-proprietary name. Registration of a mark may also be refused in the case where it is identical with or deceptively similar to other marks for the same or similar goods/services or description of goods/services or where it is identical or deceptively similar to an earlier mark for dissimilar goods/services or description of goods/services if or to the extent the earlier trademark is a well-known trademark. However, in certain cases where the marks are deceptively similar/identical, a letter of consent from the proprietors of the prior registration or pending application may be of persuasive value in securing acceptance of the mark. In the case of identical/similar marks, registration may, however, be allowed upon proof that the mark was being used concurrently and in good faith. A registrant is not precluded from re-filing an application for a trademark for a different specification of goods in relation to which he is using the mark or intends to do so in the near future. The proprietor can also file for registration of a mark which has lapsed on account of non-payment of renewal fee.

Letters of consent: must be executed on the letterhead of the entity granting consent, and should bear an authorized signatory's signature along with the company's seal, and must expressly state that the proprietors consent to the use and registration of a subject mark in India. This document does not require any legalization or notarization.

Hearings: may be sought with regard to applications which the Registrar proposes to refuse and the proprietor can choose to file a review petition before the Hearing Officer and/or file an appeal before the respective High Court. By virtue of the Tribunals Reforms Act, 2021, the Intellectual Property Appellate Board established under Section 83 of the Trade Marks Act, 1999 has been abolished with effect from April 4, 2021. Thus, all cases of appeals against order or decision of the Registrar of Trademarks pending before the Intellectual Property Appellate Board stood transferred to the respective High Court.

Revocation of authorization of agent: in case of revocation of authorization of agent by an applicant or opponent, or withdrawal by an agent from any proceedings, the applicant or opponent must provide a fresh address for service in India within a period of two months. If not, the application/opposition will be deemed abandoned.

Opposition: applications which have been accepted are advertised in the Trade Marks Journal and opposition may be filed within four months from the date of advertisement; this is a non-extendible period.

The Register: both Part A and Part B existing before the commencement of the Trade Marks Act, 1999 have been incorporated in and form part of a single Register under this Act. It contains registered trademarks with the names, addresses and description of the proprietors and registered users, if any, notifications of assignment and transmissions, conditions and limitations.

Delivery of document: the registration certificate is issued in digital format only.

Duration – extension: ten years, renewable for further periods of ten years each.

Renewal fees: must be paid before but not more than one year before the date of expiry of the last registration; a mark may be renewed within six months after its expiry on payment of renewal fees and surcharge. Restoration may be possible after six months of its expiry but within one year from the last date of renewal upon application to the Registrar, either completely or subject to such conditions and limitations as he may think fit to impose. A trademark which has been removed from the Register for non-payment of renewal fees can be cited against an application for registration during a period of one year as from the date of removal.

Prior user’s rights: the exclusive rights obtained by registration cannot operate against the rights of prior users of the same or similar trademarks in respect of goods or services in relation to which the impugned mark has continuously been used from a date prior to the use of the registered mark or to the date of registration of the registered mark. The registrant in effect cannot interfere with or restrain the use of the mark by a proprietor claiming prior use. Further, the Registrar cannot refuse registration of the prior mark by reason only of the registration of the first mentioned trademark.

Assignment: registered and unregistered trademarks can be assigned with or without the goodwill of the business concerned. However, by virtue of a recent amendment, the Act explicitly states that until an application to record an assignment/transmission is filed with the Registrar, the said assignment/transmission shall be ineffective against a person acquiring conflicting interest in the mark without knowledge of assignment/transmission.

Registered user: it is not compulsory to have a license agreement recorded at the Trade Marks Registry. Use of a registered trademark even by an unregistered licensee shall be deemed to be use by the registered proprietor provided such use is governed by a written license agreement.

Marking of goods: the law does not prescribe that a registered trademark, when used by its proprietor, be described as such on the goods to which it is applied nor does it require that the proprietor’s identity be disclosed. Under Section 139 of the Act, the Indian government may by notification require any class of goods imported into or manufactured or assembled in India to be marked in such a way so as to indicate their country of origin or of the name and address of the manufacturer or the person for whom the goods were manufactured. Further, the notification may also specify the manner in which the goods are to be marked. However, conveying an unregistered mark as registered (by use of ® symbol etc.) is unlawful and a criminal offence in India. 

Use: the registered mark must be used.

Rectification for non-use: the Register may be rectified (removal of a mark) in respect of a registered mark, and one of the grounds is that up to a date three months before the date of the application, a continuous period of five years from the date on which the trademark is actually entered in the Register or longer had elapsed during which the trademark was registered and during which there was no bona fide use thereof in relation to those goods or services by any proprietor thereof for the time being. 

Well-known marks: a new Rule allows for determination and inclusion of trademarks on a “list of well-known trademarks”. Any person, by filing an appropriate form with fees along with a Statement of Case supported by documentary evidence, can request the Registrar to determine its mark as “well-known”.

Infringement: suits may be filed against the infringement of registered marks. The proprietor may request for an injunction, either damages or an account of profits together with an order for delivery-up of the infringing labels and marks for destruction or erasure. Unregistered trademarks with reputation in India or internationally well-known trademarks can be protected against misuse in a passing off action.