- info@lparsanaipassociates.in
- +91 80880 99799
Trademark Law in India
Trademark law in India is well-established and offers a robust framework for protecting and enforcing the rights of trademark holders. The law provides a broad spectrum of protection, covering a wide range of elements such as words, labels, devices, shapes, sounds, colors, textures, and more. This ensures that various forms of branding and identity are safeguarded under the law, providing extensive protection to businesses and creators.
In India, first-to-use jurisdiction prevails, meaning that priority is granted to the party that first uses a trademark in commerce, rather than simply the party who registers the mark first. However, trademarks can also be registered on an intent-to-use basis, even before they are actually used in the country. This provides greater flexibility to businesses planning to enter the Indian market.
India is also a member of the Madrid Protocol, which allows trademark holders to register and protect their marks in multiple countries through a single international application. This facilitates easier and more efficient management of global trademarks, offering businesses the ability to extend their protection beyond India.
Contact us
Schedule Your Free Consultation Today
Take the first step toward resolving your legal matter with confidence. Connect with our team for a free consultation and get expert guidance tailored to your needs.
Trademark Protection Overview
Email Support &
Inquiries
info@dlparsanaipassociates.in
Trademark Protection in India
The Government of India has launched several forward-thinking initiatives, including the formulation of the National IPR Policy, to emphasize the importance of intellectual property rights, particularly patents, in driving innovation. These initiatives aim to strengthen the patent ecosystem by encouraging creativity and investment in research and development. By fostering a more robust IP environment, India seeks to become a global hub for innovation and technological advancement, making patent protection a crucial component of the country’s growing innovation ecosystem.
First-to-Use Principle
India follows a first-to-use jurisdiction, meaning the party who first uses a trademark in commerce has legal priority over others. Additionally, trademarks can be registered even before their use in India, on an intent-to-use basis, allowing businesses to secure their mark before entering the market.
Global Trademark Registration
As a member of the Madrid Protocol, India enables trademark holders to secure protection in multiple countries with a single international application. This global reach simplifies the process for Indian businesses and inventors seeking trademark recognition abroad.
Trademark Offices & Appeals
India has five Trademark Offices across the country in Ahmedabad, Chennai, Delhi, Kolkata, and Mumbai, each serving different regions. Disputes or appeals against trademark registration decisions are adjudicated by the Intellectual Property Appellate Board (IPAB), ensuring a transparent process.