Legal Basis Trade Marks Amendment Act 2010

Trade Marks Amendment Rules 2013

Major international treaties signed
  • Paris Convention effective 7 December 1998
  • Madrid Protocol effective 8 July 2013
  • Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
Cost of obtaining a straightforward registration Please contact us at
Average time to obtain a trademark 24 to 36 months
Official language of trademark prosecution English or Hindi
Registrable marks Any distinctive device, monograms, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof, sound marks when represented in conventional notation or described in words by being graphically represented.
Filing and prosecution procedures Stage 1: Filing
Stage 2: Examination
Stage 3: Advertisement
Stage 4: Opposition (if any)
Stage 5: Registration
Stage 6: Renewal
Number of classes 45 (Nice Classification)
Multiple class filing Available
Filing of series marks Available
Necessary document for filing Power of Attorney
Priority document (where priority is claimed)
Common objections Descriptiveness
Prior conflicting rights
Extension of office action deadlines Available
Opposition term 4 months
Term of trademark protection 10 years (renewable)
Restoration of lapsed trademark Within 6 to 12 months from the expiry of the last registration
Parallel Imports Available
Minimum period of use to avoid non-use cancellation action 5 years (continuous)
Useful links Trademark Agents and Attorneys in India
Infringement offence Available
Specialized courts for IP Not available. However, Intellectual Property Appellate Board (IPAB) is available to hear appeal against decision made by Intellectual Property Office.
Outline of Enforcement Steps Civil
Infringement pursuant to the Trade Marks Act, 1999
Falsifying and false application of a trademark(Counterfeiting)
False application of trade description
Sale, exposure and possession for sale of counterfeit goods or services
False representation of a mark as a registered mark
Relief against groundless threats Available (Summary Judgment)
Declaration of non-infringement Not available
Preliminary injunctions Available
Time frame for various legal actions 12 to 36 months
Alternative Dispute Resolution Arbitration
Availability of damages and other relief for infringement As per below
Civil remedies Interlocutory / permanent injunction
Damages or account of profits in lieu of damages
Order for delivery-up of infringing labels and marks for destruction or erasure
Criminal Sanctions For Falsifying/false application of trademark or trade description or for sale, etc. of counterfeit goods
Minimum imprisonment for 6 months term, extendable up to 3 years with a minimum fine go RS. 50,000 (USA 1110) extendable up to Rs. 200,000 (USD 4450)False representation of a mark as a registered trademark
Imprisonment up to 3 years or monetary fine or both
Others Enhanced penalty on second or subsequent conviction which include imprisonment and fine