Trademark Registration in India

The following is an introduction to the materials required, fees, and the time needed to obtain the certificate for trademark registration in India:

Registration Materials

Identity Proof Materials: Applicants need to provide valid identity proof documents, such as a company's business license or an individual's ID card, to prove their legal identity.

Trademark Samples: Clear trademark samples, including standard and reduced ones, should be provided, and they should comply with the provisions of India's Trademark Law and possess distinctiveness and recognizability.

Trademark Registration Application Form: A completed trademark registration application form should be filled out, covering the basic information of the applicant, a detailed description of the trademark samples, the classification of goods or services, and so on.

Power of Attorney: If entrusting an agency to handle the trademark registration procedures, a power of attorney is required.

Classification of Goods or Services: Clearly specify the categories of goods or services. India adopts the international classification method, and applicants need to choose according to the specified categories and numbers.

Priority Proof: If you wish to enjoy priority rights, relevant proof documents, such as previous trademark registration application documents submitted in other countries or regions, need to be provided.

Trademark Registration in India

Registration Fees

Official Fees: For individuals, start-ups, and small enterprises that submit trademark applications in India electronically, the official fee is 4,500 Indian rupees. For other applicants, the official fee for submitting trademark applications in India is 9,000 Indian rupees (approximately equivalent to 872 Chinese yuan).

Agency Fees: Different agencies have different charging requirements. The price for ordinary registration is generally 3,500 - 4,000 yuan per class, and the price for guaranteed registration is between 7,000 - 7,500 yuan per class.

Time For Obtaining The Certificate

Normal Process: Generally, it takes about 12 - 18 months from the submission of the application to finally obtaining the registration certificate.

Time for Each Stage:

Submission of the Application: 1 - 2 weeks.

Formal Examination: 1 - 2 months. This mainly checks whether the application documents are complete and the format is correct. If the documents are incomplete, the applicant needs to supplement or correct the materials, which may extend the time.

Substantive Examination: 9 - 12 months. This assesses the distinctiveness, legality of the trademark and whether it conflicts with existing registered trademarks. If there is no objection, it will directly enter the publication period. If there are objections, the applicant needs to respond and make modifications within the specified time.

Trademark Publication Period: 4 months. During this period, any third party can raise objections to the trademark. If there is no objection, it will enter the registration stage. If there are objections, the applicant needs to respond and handle them, which may extend the time.

Registration Approval and Certificate Issuance: 1 - 2 months. After the end of the publication period, if there are no objections, or the objections have been handled and are not established, the Intellectual Property Office of India will approve the trademark registration and issue the trademark registration certificate.