TM Regulation in India

Brand protection India is ensured by registering a TM with a relevantly authorized agency in a specific jurisdiction. So, let’s take a closer look at the main aspects of trademark regulation in India.

Regulatory Framework

Registering a TM in India requires filing an application with the Industrial Design, Patent & TM Bureau. Once the application is submitted, it’s assigned a date & unique number. 

The review process includes assessing internal registration & acquiring prior rights. If all qualification criteria are met, a TM is published in a TM journal. After that, objections to registration may be submitted for consideration.

Getting a TM registration certificate in India requires making sure that no objections from 3rd parties are received within four months since the date of publication. Trademark protection in India is granted for a 10-year period & can be prolonged.

Registration can be denied if:

• a TM is non-distinctive;
• a TM is made up of signs which might be used to denote a product’s characteristics;
• a TM is made up entirely of generally accepted signs;
• a TM is capable of misleading the general public;
• a TM is capable of offending religious sensibilities of any group or class of Indian citizens;
• a TM contains inappropriate material;
• a TM is essentially a shape:
• a TM is made up of elements arising from the products’ nature;
• a TM is made up of elements that are necessary to gain a technical result.

When it comes to descriptive TMs, registration of an Indian brand can be obtained by providing evidence that, prior to the filing date, a TM was well known or acquired distinctive characteristics. Registration may be refused if it leads to a TM being confused with a previously registered TM.

Also, one my not register a TM in India if:

• it’s identical to a previously registered TM;
• it’s similar to a previously registered TM.