Two Routes to Trademark Registration in India
A foreign applicant seeking trademark protection in India may proceed by direct filing under the Trade Marks Act, 1999, or through the Madrid Protocol for the International Registration of Marks. The appropriate route depends on the applicant's filing strategy, the existence of a qualifying home country application or registration, and whether protection is sought in India alone or across multiple jurisdictions simultaneously.
Route 1 — Direct Filing under the Trade Marks Act, 1999
A foreign applicant may file a trademark application directly before the Indian Trade Marks Registry in Form TM-A. The application specifies the mark, the applicable class or classes of goods or services under the Nice Classification, the applicant's full details, and whether the mark is already in use in India or proposed to be used.
A registered trademark agent or advocate enrolled with a State Bar Council in India must be appointed to represent the applicant in all Registry proceedings. All official correspondence — examination reports, hearing notices, and the registration certificate — is served through the appointed representative.
There are five Trade Marks Registry offices in India, located in Mumbai, Delhi, Chennai, Kolkata, and Ahmedabad. The appropriate office is determined by the applicant's principal place of business in India. Where the foreign applicant has no place of business in India, the Registry office is determined by the address of the appointed trademark agent or attorney.
Direct filing is typically appropriate where the applicant seeks protection only in India, or where a Madrid Protocol application is not feasible due to the absence of a qualifying home country basic registration.
Route 2 — Madrid Protocol (International Registration Designating India)
India is a member of the Madrid System for the International Registration of Marks, administered by the World Intellectual Property Organization (WIPO). A foreign applicant who holds a basic trademark application or registration in their home country may file an international application through their home country's trademark office, designating India as a country in which protection is sought.
The international application is transmitted by WIPO to the Indian Trade Marks Registry. The Registry examines the India designation and may issue a provisional refusal on absolute grounds under Section 9 or relative grounds under Section 11 within 18 months of the date of designation. If no provisional refusal is issued, or if a provisional refusal is overcome through examination response and hearing, the international registration takes effect in India with the same force as a national registration.
The Madrid Protocol route may be preferable where the applicant already holds a home country registration and is seeking protection across multiple member countries in a single filing. It does not eliminate the examination process in India — a provisional refusal can and does issue in the ordinary course, and the appointed Indian attorney must manage the response and any hearing.
Paris Convention Priority
India is a signatory to the Paris Convention for the Protection of Industrial Property. A foreign applicant who has filed a trademark application in any Paris Convention member country may claim priority in India if the Indian application — whether filed directly or through the Madrid Protocol — is filed within 6 months of the original foreign application date.
The priority claim must be made at the time of filing the Indian application. Supporting documentation — a certified copy of the home country application and a declaration of priority — must be submitted to the Trade Marks Registry. A successful priority claim means that the Indian application is treated as having been filed on the date of the original foreign application, which affects the assessment of prior conflicting marks under Section 11.
Representation Requirement
Under the Trade Marks Rules, 2017, every applicant who does not have a principal place of business in India must appoint a registered trademark agent or an advocate enrolled with a State Bar Council to represent them before the Trade Marks Registry. This requirement applies equally to direct applicants and to international registrations designating India under the Madrid Protocol.
The appointed representative's address in India is used as the address for service for all Registry communications. The representative files all documents on behalf of the applicant, appears at hearings, and receives the registration certificate on the applicant's behalf.
Examination and Prosecution in India
After filing — whether by direct application or Madrid Protocol designation — the Trade Marks Registry examines the application and may issue an examination report citing objections. The examination report must be responded to within 30 days of issuance. A well-drafted response addresses each ground of objection on legal and factual merits and reduces the risk of a show-cause hearing being scheduled.
If the Hearing Officer is not satisfied with the written response, a show-cause hearing is scheduled at the relevant Registry office. Following acceptance, the mark is published in the Trade Marks Journal for a 4-month opposition period. Any person — including a foreign trademark owner with conflicting rights — may file a Notice of Opposition under Section 21 within this period.
If no opposition is filed, or if an opposition is decided in the applicant's favour, the Registrar issues a certificate of registration. The registration dates back to the original filing date of the Indian application.
Government Filing Fees
Government fees for trademark registration in India are prescribed under the First Schedule to the Trade Marks Rules, 2017. The filing fee per class is ₹9,000 for companies and entities other than individuals, start-ups, and small enterprises. For individuals, start-ups recognised under the DPIIT scheme, and small enterprises under the MSME Act, the fee is ₹4,500 per class.
These are the official Trade Marks Registry fees. Professional fees charged by the appointed trademark agent or attorney are separate and depend on the nature and complexity of the matter. The complete official fee schedule is published on the IP India portal at ipindia.gov.in.
| Applicant Category | Fee per Class (e-filing) |
|---|---|
| Individual / Start-up / Small Enterprise | ₹4,500 |
| Company / LLP / Other Entity | ₹9,000 |
Filing fees are non-refundable. Official fees are subject to revision by the Office of the Controller General of Patents, Designs and Trade Marks. Verify current fees on the IP India portal before filing.