---
title: Overview of Indian trademark system | EVORIX
description: A detailed explanation of the Indian trademark system, including definitions, application procedures, examination, registration, renewal, opposition, and...
---

[evorix blog](https://www.evorix.jp/en/blog)

# [Overview of Indian trademark system | EVORIX](https://www.evorix.jp/en/blog/インドの商標制度概要)

 Written by 弁理士 杉浦健文 | 2026/05/23

We have organized the Indian trademark system, including an overview of the system, application, examination, registration, renewal, opposition, cancellation, and infringement response, as well as a comparison with the Japanese system and points to keep in mind in practice.

## 1. System overview (definition of trademark, subject of protection, legal basis)

India's trademark system operates under **The Trade Marks Act, 1999 and its implementing regulations, the Trade Marks Rules, 2017**. Trademark administration is under the jurisdiction of the Indian Intellectual Property Board (CGPDTM), which is responsible for trademark registration, protection, and prevention of unauthorized use. India is a member of the Paris Convention (joined in 1998) and the WTO/TRIPS Agreement, and also joined the Madrid Protocol (International Trademark Application System) in 2013.

**Definition of a trademark and what it protects:** Under the Indian Trademark Act, a "trademark" means "a mark that can be displayed graphically and distinguishes it from the goods or services of others." Specifically, combinations of characters, names, labels, figures, numbers, symbols, product shapes, packaging, color combinations, and similar marks can be registered as trademarks. Furthermore, India also protects service marks, and since the 1999 Act, trademark rights have been granted not only to goods but also to services. Recent reforms have made it possible to register **sound trademarks** as clear text, and theoretically it is understood that **color-only trademarks**, **3-dimensional trademarks**, **location marks**, holograms, and **scents and tastes** can be protected as trademarks if they can be expressed graphically. India also has a **Collective Trademark** and **Certification Trademark** system, each of which allows organizations and certification bodies to register trademarks used by them.

## 2. Application procedures (applicant qualifications, required documents, classification, electronic application, etc.)

- **Applicant Eligibility and Competent Authority:** In India, anyone **who is using or intends to use their own trademark can apply for a trademark (both individuals and corporations). It is also possible to apply by a foreign resident, but in that case, you will need to appoint a representative (patent attorney, etc.) in India and file the application with the trademark registration office with jurisdiction depending on the location of the representative. The Indian Trademark Registry is located in five locations across the country: Mumbai, Delhi, Chennai, Kolkata, and Ahmedabad, and the office in charge is determined by the applicant's (or agent's) address.**
- ****Required documents/information:** To apply for a trademark, submit the prescribed application form (Form TM-A, etc.). The application must include an accurate representation of the trademark (illustrations, text, etc.), the name and address of the applicant (in the case of a corporation, the name, address and corporate form), and the designated goods and services and their international classification (Nice Classification Class 45). Additionally, if you are claiming priority under the Paris Convention, you will also be required to submit a priority document(with English translation). India-specific requirements include **declaration of usage within India**. In other words, **at the time of filing, it is necessary to clearly indicate whether the trademark has already been used in India or whether it will be used in the future, and if it is already in use, specify and declare the **date of first use**. If you are actually using the product, you will be required to attach an affidavit of usage history (Affidavit) and evidence (e.g. invoices or documents showing sales results) at the time of application. On the other hand, if you have not used it yet, file an application based on your intention to use it and declare that you plan to use it in the future. In addition to this, the application documents also require a power of attorney (if applying through an agent) and an image file attachment if the trademark is a figure.****

****## 3. Examination/registration process (formal examination/substantive examination, publication, registration)

**Examination flow:** After filing an application, a**formality examination will be conducted first. In the formality examination, formal requirements are checked, such as whether there are any deficiencies in the application details and submitted documents, whether the prescribed fees have been paid, and whether the classification and description of designated goods and services are appropriate (e.g., conformity to the Nice classification). If there are no problems with the formality, we will proceed to the substantive examination**next. The substantive examination examines whether the applied trademark satisfies the**absolute registration requirements** and**relative registration requirements** of the Indian Trademarks Act. The absolute requirements include that the trademark has distinctiveness (can be distinguished from the goods and services of others), is not an overly descriptive or customary name, and does not fall under any mark prohibited by law (for example, a mark that violates public order and morals or a mark whose use is prohibited such as a national flag or medal). Relative requirements include whether the trademark is identical or confusingly similar to an existing registered trademark of another person, and whether it is not confusing with another person's well-known trademark. These substantive examinations (searches) are conducted centrally in Mumbai, where the headquarters of the Indian Trademark Registry are located, and examiners perform checks against the prior trademark database.

**Examination result and response:** If it is determined that there are no problems with the registration requirements as a result of the examination, the trademark will be \`\`Accepted''. On the other hand, if there are reasons for refusal or conditions, the examiner will issue a First Examination Report and notify the applicant. If there are any indications in the report, the applicant usually has to respond by submitting a written opinion or amendment within one month (from the date of receipt of the notification) (it is possible to apply for an extension of the deadline if there is a valid reason). In the written opinion, we make counterarguments and amendments to the reasons for refusal (limiting product categories, clarifying parts of the trademark for which rights are not claimed, etc.). If the examiner still has concerns, you will be given an opportunity**for an interview with the examiner. Hearings are an opportunity to explain your arguments orally directly to the examiner, and are held remotely via video conferencing. If the examiner is finally satisfied, the application will be granted acceptance and proceed to the next publication procedure. On the other hand, if the application is refused at the examination stage, the applicant can file a lawsuit to revoke the trial decision at the High Court as a complaint (\*In India, the trial system like Japan has been abolished, and as mentioned below, complaints at the examination stage are now a judicial remedy).** 

****Publication:** Once a trademark has been approved for registration, it is immediately published in**Trade Marks Journal and made available to the public. The Indian Trademark Gazette is an electronic official gazette published weekly (usually every Monday) on the official website of the Intellectual Property Office of India. The official bulletin contains the trademark design, designated goods and services, applicant information, etc., and allows third parties to check the contents. The purpose of publication is to ensure the**opportunity for objections.****

******Opposition period:** Any person may file an opposition against an application published in the Trademark Gazette within 4 months from the date of publication**. If no opposition is filed within this four-month opposition period, the trademark will proceed to registration. On the other hand, if an opposition is filed within the period, the registration procedure will be temporarily suspended, and priority will be given to hearing and settling the opposition first (details of the opposition procedure will be explained in the "Opposition/Cancellation System" section below).**

**Registration (setting registration):** Trademark registration will be approved if no opposition is filed after the opposition period has passed, or if the opposition is ultimately dismissed or resolved. Once the registration fee (registration fee) has been paid, the trademark will be recorded in the register and a**Registration Certificate will be issued. In recent years, registration certificates in India can be issued and downloaded electronically and are delivered as PDFs with electronic signatures. Trademark rights become effective on the date of registration, and their duration is 10 years from the date of application. The entire examination and registration process (assuming there are no objections) takes on average about 2 to 3 years (24 to 36 months). However, due to measures to speed up examinations, the period has tended to be shortened to a certain extent in recent years, and it is possible to shorten the period even further by using the accelerated examination system described below.** 

**## 4. Post-registration procedures (renewal, registration maintenance, record changes)

- **Duration and renewal:** The duration of trademark rights in India is stipulated as **10 years from the filing date** (for example, if the application is filed and registered on January 1, 2025, it will be valid until January 1, 2034). Trademark owners can maintain their registration by filing a**Renewal application before the expiration of the term. The renewal period is extended to 10 years, and can be renewed semi-permanently every 10 years thereafter. Renewal procedures will be accepted from the year before the expiry of the validity period, and the prescribed renewal fee must be paid by the expiration date at the latest. Even if you are unable to renew by the renewal deadline, you will be given a grace period of 6 months after the expiry date to complete the renewal process by paying an additional fee. If the trademark is not renewed within this period, it will be deleted from the register and become invalid. However, in India, as a special remedy, you can apply for \*\*Restoration\*\* within a maximum of 6 months to 1 year after the trademark expires. Specifically, after six months have passed since cancellation, a petition for "Restoration" must be filed, and the trademark can be restored with prescribed additional fees and procedures. In this way, India allows a longer grace period and reinstatement period than Japan, and there is room for relief in the event that the renewal is inadvertently omitted (in Japan, renewals can only be renewed within six months after expiry, and rights cannot be reinstated after this period).**

******## 5. Objection/cancellation system (objection period, reasons for cancellation, review body)****

****## 6. Rights enforcement (infringement response, civil remedies, criminal penalties, etc.)

- **Concept of Trademark Infringement:** Trademark Infringement in India refers to the act of using a trademark that is the same or confusingly similar to a registered trademark to the extent that it is identical or similar to the goods or services designated by the registered trademark without the permission of the right holder. This is almost the same definition as Japan. Additionally, under Indian law, if a registered trademark is well-known, third-party use of **dissimilar goods or services** may be subject to an injunction as unfair competition or dilution. Furthermore, regardless of whether it is registered or not, the act of fraudulently using another person's products or business indications to cause confusion is a tort known as passing off, and civil remedies can be sought as described below.
- **CIVIL REMEDIES:** Trademark owners can bring **civil actions** against infringers and obtain relief from the courts. In India, trademark infringement suits are primarily held in the district courts of each state, but some high courts, such as Delhi, Bombay (Mumbai), and Madras (Chennai), may also have first-instance jurisdiction themselves. In a lawsuit, you can seek an injunction (provisional injunction and permanent injunction), and request an immediate stop or seizure of the production and sale of the infringing product. Based on a petition by the plaintiff, the court can also issue an ex-officio temporary injunction (expert's interim order) without prior notice to the defendant, allowing the right holder to take prompt preservation measures. If the lawsuit is successful on the merits, in addition to a final permanent injunction, damages or an order to disclose the infringer's books and transfer profits (account of profits) may be ordered. In addition, the court will issue an order for the destruction of the trademark attached to the infringing product, its packaging, labels, etc. These remedies are broadly similar to the scope granted in Japanese civil litigation (injunctions, compensation for damages, etc.). In addition, in civil trial practice in India, settlement and mediation are often used, and there are cases in which the parties agree on the amount of damages and future terms of use, and the litigation ends through settlement. Even if it is an unregistered trademark, it is possible to request an injunction to stop unauthorized use by another person and claim compensation for damages through the above-mentioned **Passing Off** lawsuit. In passing-off lawsuits, the requirement for proof is that the plaintiff's trademark is well known and trusted, but India has traditionally inherited the concept of common law, and differs from Japan in that rights can be protected through use even if the trademark is unregistered.
- **Crackdown with criminal penalties:** The Indian Trademark Act also has provisions regarding criminal penalties, and malicious infringement of trademark rights and the manufacture and sale of counterfeit products are treated as **crimes**. Specifically, the act of displaying a trademark that is the same or significantly similar to a registered trademark on goods or services without permission, or selling a product by falsely using another person's trademark falls under the crime of trademark forgery. The criminal penalties for these acts are severe, and even first-time offenders can be sentenced to prison terms ranging from six months to three years. The court will also determine the fine to be imposed in the range of **50,000 rupees or more and 200,000 rupees or less** (equivalent to approximately 90,000 yen to 360,000 yen). In the case of repeat offenses, the cap will be increased further and the punishment will be even more severe. In addition, the act of falsely indicating that a trademark is a registered trademark when it is not (fraudulent display of an unregistered trademark) is also illegal, and there are penalties for this, including imprisonment for up to 3 years or a fine (or both). In actual enforcement, the rights holder will file a complaint with the police authorities and have them prosecuted. Trademark owners can obtain a search warrant and, with the cooperation of the police, conduct raids\*\* on warehouses and stores to seize counterfeit products and prevent them from being sold. This is similar to Japan's criminal procedure (arrest by the police for violation of trademark law). In India, there are many cases in which criminal measures are used to combat particularly malicious counterfeiting, and criminal prosecution serves as a deterrent.
- **Customs border measures:** Additionally, India also has border measures for intellectual property rights. By pre-registering their registered trademark and information on infringing goods with customs authorities, trademark owners can stop counterfeit goods at the import stage. Once registered with customs, the customs office that discovers suspicious imported cargo will hold the cargo ex officio and notify the right holder. However, since these customs measures are not included in the user requirements, detailed explanations are omitted.

## 7. Comparison with the Japanese trademark system (differences, practical points)

While India's trademark system has many things in common with Japan, there are **important differences** in terms of legal system and operation, as listed below. We will also organize **Practical points** when Japanese companies file trademark applications and exercise rights in India.

- **First-to-file system vs. first-to-use system:** Japan has adopted a strict first-to-file system (first-come, first-served registration system), and as a general rule, the first person to apply receives registration. On the other hand,**India has a unique system in which the first-to-file system and the first-to-use system coexist. In other words, although legally priority is given to those who apply first, protection is clearly given to those who have started using the same or similar trademarks (prior users), and in some cases, there is a possibility that a prior user may be able to obtain registration even if they apply later. For example, if a trademark has been used in the Indian market before another company, even if the other party filed an application first, it is possible to invalidate the other party's registration by claiming prior use in an opposition or cancellation trial. Additionally, Section 34 of the Indian Trademarks Act stipulates that the continued use of a registered trademark by a person who has started using it in good faith prior to its registration will not be an infringement (so-called prior user right). In Japan, there is a provision for "prior user rights" in the Trademark Law, but this gives the prior user before registration the right to continue using the trademark within its previous scope (Article 32 of the Trademark Law), and does not allow the prior user to invalidate the other party's registration itself or obtain registration for oneself. Therefore, it should be noted that**in India, unregistered rights through use are more important than in Japan. When a Japanese company applies for a trademark in India, it mustIt is important to investigate in advance whether the trademark (or similar trademark) is already in use, and if there is a previous user, it is important not to start developing the brand in the local area, or to consider countermeasures such as reaching an agreement with the other party (obtaining a written consent) or starting to use the trademark early in the local area. On the other hand, if your company has a trademark that you have already used in India, it is important to file the application as early as possible to avoid being filed by a competitor first, and even if your company files an application first, it is important to be prepared to protect your rights by filing an opposition by documenting your company's history of use (especially sales and invoice documents).****

As mentioned above, although the basic framework of the Indian trademark system is the same as that of Japan, there are various practical points to keep in mind, such as the large weight of use and differences in review bodies and procedures. When applying for and acquiring trademark rights in India, the key to success is to develop a strategy that is consistent with the local legal system and prepare for aspects that differ from the Japanese sense (claims of prior use, handling of objections, risk of cancellation for non-use, etc.). It is also important to work with a reliable **local trademark agent** to gather appropriate information and take actions to protect rights. Although there are differences in national circumstances and commercial practices, in recent years the Indian Intellectual Property Office has been making improvements such as digitization and shortening the examination period. By correctly understanding these systems and making effective use of them, Japanese companies will be able to smoothly advance their brand strategies in the Indian market.

**Sources:**

- Intellectual Property Board of India (CGPDTM) official website etc.
- Indian Trademark Act (1999 Act), Trademark Rules (revised in 2017), etc.
- World Intellectual Property Organization (WIPO)/JETRO materials, etc.
- Explanation of local law firms (Mirandah Asia, HARAKENZO, etc.), etc.

AUTHOR

Takefumi SUGIURA （杉浦 健文）

EVORIX Intellectual Property Law Firm　**Managing Patent Attorney**

Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the **Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA)**.

[→ Patent Attorney Profile](https://www.evorix.jp/staff) [→ Contact Us](https://www.evorix.jp/inquiry) [→ Consultation Flow](https://www.evorix.jp/consultation)**********

[View full post](https://www.evorix.jp/en/blog/インドの商標制度概要)

```json
{
  "@context" : "http://schema.org",
  "@type" : "BlogPosting",
  "author" : {
    "@type" : "Person",
    "name" : "弁理士 杉浦健文"
  },
  "dateModified" : "2026-08-13T07:41:20.719Z",
  "datePublished" : "2026-05-23T06:50:51Z",
  "headline" : "Overview of Indian trademark system",
  "image" : {
    "@type" : "ImageObject",
    "height" : 768,
    "url" : "https://www.evorix.jp/hubfs/blog-thumbnails/face-post-225198571203.png",
    "width" : 1376
  },
  "mainEntityOfPage" : "https://www.evorix.jp/en/blog/インドの商標制度概要",
  "publisher" : {
    "@type" : "Organization",
    "logo" : {
      "@type" : "ImageObject",
      "height" : 60.0,
      "url" : "https://20920988.fs1.hubspotusercontent-na1.net/hubfs/20920988/cropped-EVORIX%E3%83%AD%E3%82%B4-e1547405364171-768x181.png",
      "width" : 254.58563
    },
    "name" : "evorix blog"
  }
}
```