How U.S. Companies Can Register Trademarks 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 globalization accelerates, many U.S.-based companies are expanding operations and brand presence in India. To safeguard their brand identity and intellectual property in this expanding market, U.S. companies must register their trademarks in India.
- Understanding the Need
Trademark registration in India protects a brand from unauthorized use and builds trust among Indian consumers. Without registration, companies risk brand dilution and legal complications.
- Legal Framework
India’s trademark system is governed by the Trademarks Act, 1999. It follows the Nice Classification system and is a first-to-file jurisdiction, meaning the first party to file a trademark application is generally granted priority rights.
- Who Can Apply?
A U.S. company can apply for a trademark in India either
- directly, by hiring an Indian trademark attorney or agent, or
- through the Madrid Protocol, to which both India and the U.S. are signatories.
4. Steps for Direct Filing in India
- Trademark Search: Check the Indian Trademark Registry website for similar or identical marks.
- Application Filing: File Form TM-A online or offline, along with details of the mark, class, and applicant.
- Examination of the Application: The registrar examines the application for conflicts or compliance issues.
- Publication in the Trademark Journal: If accepted, the mark is published in the Trademark Journal for opposition.
- Registration and Issuance of the Certificate: If unopposed or successfully defended, the mark is registered, and a certificate is issued.
- Madrid Protocol Route
- File an international application via the USPTO.
- Designate India as one of the designated countries under the application.
- The Indian Trademark Office will review the designation and determine whether to grant registration.
- Duration and Renewal
A trademark in India is valid for ten years and may be renewed indefinitely in ten-year increments.
- Key Tips
- Use a reliable Indian IP attorney for smooth processing.
- Regularly monitor for potential trademark infringements.
- Ensure proper use of the mark to avoid cancellation.
Conclusion
Trademark registration in India is a strategic move for U.S. companies entering the Indian market. Whether through direct filing or the Madrid Protocol, timely and correct registration ensures both robust brand protection and sustained market credibility.
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