How Canadian Companies Can Register Trademarks and Patents 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).
India, one of the world’s fastest-growing economies, has become a preferred destination for Canadian businesses looking to expand operations, sell products, or establish partnerships. As companies venture into this dynamic market, safeguarding intellectual property (IP) is critical. Trademarks and patents are among the most effective tools for securing business interests, preventing the misuse of innovations, and building strong brand recognition. For Canadian enterprises planning to operate in India, understanding the trademark and patent registration process is essential.
This article outlines the key steps, legal framework, and benefits of trademark and patent registration in India for Canadian companies.
Why Protect Intellectual Property in India?
Intellectual property rights (IPR) provide legal recognition and protection for creations, inventions, and business identifiers. In India, IP protection has gained significant importance with the country’s membership in global treaties such as the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO).
For Canadian companies, registering trademarks and patents in India offers several advantages:
- Exclusive rights – The registered owner gains the exclusive right to use the IP in India.
- Market reputation – A trademark strengthens brand identity, while patents enhance credibility for technological innovations.
- Legal enforcement – Registered IP can be legally defended in case of infringement.
- Cross-border business growth – IP rights encourage licensing, franchising, and joint ventures between Canadian and Indian firms.
Trademark Registration for Canadian Companies in India
A trademark distinguishes the goods or services of one business from those of others. It may include a brand name, logo, tagline, or even unique packaging. Canadian companies entering India can protect their marks through the Indian trademark system.
Governing Law
Trademark registration in India is governed by the Trade Marks Act, 1999, and administered by the Controller General of Patents, Designs, and Trade Marks (CGPDTM).
Options for Filing
Canadian businesses can register trademarks in India in two ways:
- Direct filing in India – By applying to the Indian Trademark Registry either through a local attorney or an authorized agent.
- Madrid Protocol filing – Since both India and Canada are members of the Madrid Protocol, a Canadian company can file a single international application through the Canadian Intellectual Property Office (CIPO) and designate India as one of the jurisdictions. This route simplifies the process for companies seeking protection in multiple countries.
Step-by-Step Trademark Registration Process
- Trademark search – Before applying, a search should be conducted in the Indian Trademark Registry database to ensure that a similar or identical mark does not already exist.
- Application filing – An application may be submitted online or physically at one of the five Indian Trademark Offices (Mumbai, Delhi, Kolkata, Chennai, or Ahmedabad).
- Examination of the application – The examiner evaluates the application for compliance and similarity with existing marks.
- Publication in the Trademark Journal – If accepted, the mark is published to allow objections from the public within four months.
- Opposition period – Any third party may file opposition; hearings are conducted if required.
- Registration certificate – If no opposition is filed, or if the applicant successfully defends against objections, the trademark is registered.
Validity and Renewal
A registered trademark in India is valid for 10 years and can be renewed indefinitely for further periods of 10 years each.
Patent Registration for Canadian Companies in India
Patents grant inventors exclusive rights over a novel product, process, or innovation that involves an inventive step and has industrial applicability. For Canadian companies developing technology-driven solutions, registering patents in India ensures protection against unauthorized use or duplication.
Governing Law
Patent registration is regulated by the Patents Act, 1970, as amended, and managed by the Indian Patent Office under the CGPDTM.
Filing Options for Canadian Companies
- Direct application in India – Canadian applicants can file a patent directly with the Indian Patent Office either through a local agent or attorney.
- Patent Cooperation Treaty (PCT) route – Both India and Canada are signatories to the PCT. A Canadian company can file a PCT application and later enter the national phase in India within 31 months from the priority date.
Step-by-Step Patent Registration Process
- Patent search – Conduct a patentability search to ensure novelty.
- Filing the application – The application can be provisional (to secure a priority date) or complete (detailing claims, drawings, and specifications).
- Publication of application – The application is automatically published after 18 months from the filing date, though early publication can be requested.
- Request for examination – A formal request must be made within 48 months from the priority date for the application to be examined.
- Examination and objections – The patent examiner issues a First Examination Report (FER) highlighting objections, if any. The applicant must respond within six months.
- Grant of patent – Once objections are resolved, the patent is granted and published in the Patent Journal.
Validity and Renewal
A patent in India is valid for 20 years from the filing date and requires annual renewal (maintenance fee) from the third year onward.
Role of Local Agents and Legal Representatives
Foreign applicants, including Canadian businesses, cannot file trademark or patent applications directly in India. They must act through an Indian attorney, trademark agent, or patent agent registered with the Indian authorities. These representatives assist in drafting, filing, responding to objections, and handling legal disputes.
Common Challenges and Practical Tips
While India offers a robust framework for IP protection, Canadian companies may encounter certain challenges:
- Delays in examination – Trademark and patent applications may require months or even years to be processed.
- Risk of opposition – Popular or generic marks often face objections from competitors.
- Complex documentation – Patent applications require detailed technical specifications, claims, and drawings.
- Need for local presence – A local agent is mandatory for representation.
To overcome these hurdles, companies should:
- Conduct thorough searches before filing.
- Use the Madrid Protocol or PCT for streamlined multi-country protection.
- Monitor the status of applications regularly.
- Plan renewals to avoid lapses.
Benefits of Registering Trademarks and Patents in India
- Business expansion – IP rights allow Canadian companies to confidently expand into India.
- Licensing opportunities – Registered IP can be licensed or franchised for revenue generation.
- Investor confidence – Strong IP protection enhances valuation and attracts investors.
- Brand trust – A trademark builds brand loyalty among Indian consumers.
- Innovation safeguard – Patents protect research and development efforts from being copied.
Conclusion
For Canadian companies eyeing India’s vast market, intellectual property protection is not just a legal formality but a strategic necessity. By registering trademarks and patents in India—either directly or through international systems like the Madrid Protocol and PCT—businesses can secure their brand identity and innovations.
As India strengthens its position in global trade, Canadian firms that proactively secure IP rights will be better positioned to thrive in this diverse and competitive market.
For any clarifications or queries, please feel free to reach out to us at admin@fintracadvisors.com
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