How Australian Companies Can Register a Trademark in India
Harshdeep Singh Narula
Harshdeep Singh Narula, a practicing Company Secretary (CS) and Fellow member (FCS) of ICSI, brings over 6 years of expertise to the field. Specializing in Intellectual Property, Corporate Laws and Startup advisory, and is said to be a trusted advisor for businesses, ensuring compliance and success through his commitment to excellence and ethical practices.
He has also obtained degree in Bachelor of Law (LL.B) & Bachelor of Commerce (B.CoM).
As global trade and cross-border business activities continue to expand, safeguarding intellectual property becomes crucial for international companies. For Australian businesses entering the Indian market, trademark registration is vital in protecting brand identity, building consumer trust, and ensuring exclusive usage rights in a competitive landscape. Since trademarks are territorial, securing registration in India is essential, even if the mark is already registered in Australia. This article provides a concise overview of the trademark registration process for Australian companies entering the Indian market.
Why Trademark Registration in India Is Important
A trademark may consist of any word, symbol, logo, phrase, or combination thereof that identifies the source of a product or service. In India, trademarks are regulated under the Trademarks Act, 1999, and overseen by the Controller General of Patents, Designs and Trademarks (CGPDTM).
Having a registered trademark in India offers several benefits:
- Legal protection against unauthorized use
- Exclusive rights over the mark in Indian territory
- Stronger brand recognition and commercial credibility
- Legal remedy in case of infringement or misuse
Can Australian Companies Apply for a Trademark in India?
Yes, Indian trademark law permits foreign entities, including Australian companies, to apply for trademark registration. There’s no requirement to have a business presence or office in India. However, the process must be handled through a locally authorized trademark attorney or agent who will file and communicate with the Indian trademark office on behalf of the applicant.
The Registration Process: Step-by-Step Guide
- Pre-Application Search
Before applying, it’s advisable to check whether the desired trademark is already in use or registered in India. A trademark availability search can be done on the official Indian trademark database. This step helps avoid conflicts and delays due to objections or disputes later on.
- Hiring an Indian Trademark Agent
As per Indian regulations, foreign applicants must file the trademark application through a licensed Indian agent or attorney. This representative handles the documentation, communication, and legal formalities throughout the process.
- Filing the Application
The trademark application may be filed either online via the official IP India portal or manually. Essential details to be included are:
- Name and address of the applicant
- A clear representation of the trademark
- Description of goods/services (based on NICE Classification)
- A Power of Attorney (Form TM-48) signed by the Australian company
- Claim of priority, if applicable
A separate application is required for each class of goods or services if the brand applies across multiple categories.
- Examination by the Registrar
Once the application is submitted, the trademark office examines it for uniqueness and compliance. If concerns arise—such as similarities with existing trademarks or issues of distinctiveness—an Examination Report is issued. The applicant has the opportunity to respond and clarify, or contest any objections.
- Publication in the Trademark Journal
If the application clears the examination, the proposed trademark is published in the Trademark Journal. This is a public notice, giving third parties four months to file an opposition if they believe the registration may harm their interests.
- Registration and Certification
If no oppositions are filed, or if any filed opposition is resolved in the applicant’s favour, the mark proceeds to registration. The trademark is then officially entered in the registry, and a registration certificate is issued. The trademark is valid for ten years and may be renewed indefinitely in ten-year increments.
Alternative Route: Using the Madrid Protocol
India and Australia are both members of the Madrid Protocol, a global treaty that simplifies international trademark registration. Australian businesses can file a single international application through IP Australia, choosing India as one of the designated countries.
Although the Madrid System centralizes the application process, India conducts its independent examination of the mark. Any objections or opposition raised must be addressed according to Indian trademark laws.
Timelines and Costs
The registration process typically takes 12 to 18 months, depending on whether any objections or opposition arise. Application fees vary based on the number of classes and the type of applicant (individual, startup, or large entity). Additional costs include attorney fees for handling the process in India.
Conclusion
Trademark registration is a strategic investment for Australian companies planning to enter or operate in the Indian market. Whether done through direct filing or the Madrid Protocol, securing a trademark in India provides legal protection, brand security, and commercial leverage. Partnering with a qualified Indian trademark agent ensures a smooth process and increases the likelihood of successful registration. In an expanding global economy, taking steps to protect intellectual property is not just wise—it’s essential.
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