Country Data
| Particulars | Details |
|---|---|
| Official Name | The Republic of India |
| Capital | New Delhi |
| Area | 32,87,263 sq. km |
| Population | 1.464 billion (2025 estimate) |
| Official Language | Hindi |
| GDP | USD 16.19 trillion in 2024 |
| Currency | INDIAN RUPEE |
| Work Days | Monday-Friday |
Conventions/ Treaties
- Paris Convention for the Protection of Industrial Property – India acceded on September 7, 1998; effective December 7, 1998.
- WIPO Convention – India acceded on January 31, 1975; effective May 1, 1975.
- Patent Cooperation Treaty (PCT) – India acceded on September 7, 1998; effective December 7, 1998.
- Berne Convention for the Protection of Literary and Artistic Works – India has been a party since April 1, 1928.
- Marrakesh VIP Treaty – India ratified on June 24, 2014; effective September 30, 2016.
- WIPO Copyright Treaty (WCT) – India acceded on September 25, 2018; effective December 25, 2018.
- WIPO Performances and Phonograms Treaty (WPPT) – India acceded on September 25, 2018; effective December 25, 2018
- Madrid Protocol – India acceded on April 8, 2013; effective July 8, 2013.
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure – India acceded on September 17, 2001; effective December 17, 2001.
- Nice Agreement – India acceded on June 7, 2019; effective September 7, 2019.
- Locarno Agreement – India acceded on June 7, 2019; effective September 7, 2019.
- Vienna Agreement – India acceded on June 7, 2019; effective September 7, 2019.
- Strasbourg Agreement – India acceded on July 7, 2025; effective July 7, 2026.
- Nairobi Treaty – India ratified the Treaty on the Protection of the Olympic Symbol on September 19, 1983; effective October 19, 1983.
- Rome Convention – India is not currently listed by WIPO as a Contracting Party to the Rome Convention.
- Hague Agreement – India is not currently listed as a Contracting Party to the Hague Agreement.
- Lisbon Agreement – India is not currently listed as a Contracting Party to the Lisbon Agreement.
- Madrid Agreement – India is not a member of the Madrid Agreement itself; India participates in the Madrid System through the Madrid Protocol.
- TRIPS Agreement – India has been a member of the WTO since January 1, 1995 and is therefore bound by the TRIPS Agreement.
National Legislation
- The Trademark Act, 1940 predominantly reflected the provisions incorporated in the UK Trademark Act, 1938. Subsequently, in the wake of ensuing trade and commerce development, the Trademark Act, 1958 was passed to address the lacunae being witnessed in the Trademark Act, 1940. The Trademark Act, 1958 also consolidated the provisions associated with trademarks in the Indian Penal Code, Criminal Procedure Code and Sea Customs. TheTrademark Act, 1958 was thereafter repealed by the Trademark Act, 1999, together with the Trade Marks Rules, 2017, which at present governs trademark law and practice in India.
Basic Information
| Particulars | Details |
|---|---|
| Creation of rights | India generally follows a first-to-file registration system, although prior use and other circumstances can confer rights and affect registrability and enforcement. |
| Basis for filing | Proposed to be used basis or prior use with sufficient documents |
| Well-known marks | Special protection is available. Nevertheless, local registration of the mark is highly recommended. |
| Types of marks | Word marks, Service marks, logos and symbols, shape of goods, series marks, Certification marks, Collective marks, Series of marks. |
| Geographical indications | Geographical indications are protected under separate legislation and should not be described as a type of trademark. |
| Priority | 6-month priority claim under the Paris Convention |
| Madrid System | Available- registration of trademarks in multiple jurisdictions worldwide |
| Filing system | Single class and multiple class filing is available |
| Classification | Nice Classification |
| Who can be Applicant | (1) Corporate/ business entities and (2) individuals/natural persons |
| Examination | On formal, absolute and relative grounds |
| Publication | In Trademark Journal |
| Opposition period | 4 months from the date of publication in the Trademark Journal |
| Duration of registration | 10 years from the filing date – renewable for further periods of 10 years each upon request of the trademark owner within one year preceding the expiry date |
| Renewal grace period | 1 year succeeding the expiration date. |
| Use requirement | A trademark registration becomes vulnerable to cancellation in case of its non-use for a period of 5 consecutive years upon the request of an interested party |
| Registration timeframe (straightforward case) | Variable, 6 to 8 months (approximately). Actual examination, publication, opposition and registration timelines can be substantially longer depending on the application and Registry workload. |
Search
| Particulars | Details |
|---|---|
| Official Search | Available for word marks and logo marks. |
| Scope of search | Includes all applied-for and registered marks |
| Turnaround time | 2-3 working days |
Ways to obtain protection
- Filing of national application with or without priority claim under the Paris Convention
- International registration through the Madrid Protocol designating India, subject to the applicable Madrid System requirements.
- Trademark protection may also be enforced through passing-off and other applicable legal remedies, where the relevant requirements are met.
Documentary Requirements
New Applications
- Power of Attorney from the applicant – duly notarized
- A certified copy of the priority document, if priority is claimed user affidavit to prove the same.
- Where prior use is claimed, an affidavit of use together with supporting documents.
Renewal of Registration
- Power of attorney from the trademark owner – duly notarized
- A copy of certificate of registration of the mark.
Change of Name / Address Recordation
- Power of attorney stating the new name/ address of the trademark owner – duly notarized.
- Change of Name / Address document – duly notarized
Assignment Recordation
- Assignor/Owner of Trademark must have the intention and consent for Trademark Assignment
- Application for a trademark assignment must be made by the Assignor or Assignee or by both.
- Power of attorney from the Assignee – duly notarized
- Deed of Assignment, duly signed by both the assignor and the assignee – notarized
- No objection Certificate
- A copy of certificate of registration of the mark.
Merger Recordation
- Power of attorney from the surviving entity – duly notarized
- Merger document – duly legalized.
- A copy of certificate of registration of the mark.
License Recordation
- Powers of attorney from the Licensor and the Licensee – duly notarized
- License agreement, duly signed by both the parties – notarized/ legalized
- A copy of certificate of registration of the mark.
OFFICIAL FEES: One trademark in one Class is INR 4500 for a MSME or start up or individual. The official fee for filing one trademark in one class by a company is INR 9000/-.
National Legislation
The Patents Act 1970, along with the Patent Rules 2003, replacing the Indian Patent and Design Act 1911, governs patent protection in India. The Patents Act came into force on April 20, 1972.
Ways to obtain patent protection:
- National Filing in India
- Conventional Application
- PCT Application
- PCT national phase application
Basic Information
| Particulars | Details |
|---|---|
| Claims admissible for | 1) Process; and 2) Product |
| Novelty requirement | Absolute |
| Convention priority | Available (12 months) |
| PCT national phase entry deadline | 31 months from the priority date. |
| Search | Possible by title, name of the patentee, and PCT number. |
| Examination | With respect to form, novelty, inventiveness, industrial applicability, unity, and compliance |
| Publication | Ordinarily 18 months from the filing date or priority date, whichever is earlier, subject to statutory exceptions. |
| Opposition period | Pre-grant opposition and post-grant opposition which are filed at the patent office |
| Protection term (patent) | 20 years from the filing date and in case of the PCT national phase applications, from the international filing date. |
| Protection term (utility model) | Not Available under the current IP Legislation in India |
| Novelty grace period | 12 months before the Indian filing date or before the priority date. |
| Grant, validity term and maintenance fees | Grant fee not stipulated; Annual maintenance of an Indian patent in force for the first 3 years should be paid after completion of the patent registration procedure before the expiry of the 2nd year from the filing date/priority date. If the patent has been granted later than two years from the filing date, it is possible to pay the annuities in accumulated manner within three months of grant. |
| Grace period for late annuity payment | The first annuity is due on the 4th anniversary of the filing date, but it is only payable at granting of the patent. Annual fees should be paid within three months before or one month after the due date to avoid late payment fees. Late payment is possible within a six-month grace period by paying a corresponding surcharge.is paid during the latter 3 months of the said grace period. |
| Working/Compulsory License | If the patent is not fully exploited by the patentee within three years from the date of grant, the patent will be subject to compulsory licensing in accordance with the provisions of the Patent Law. |
| Patent grant timeframe (straightforward case) | 4 years (approximately). |
Filing Requirements: The patent application can be filed in India as:
-
Ordinary application
-
Conventional application
-
PCT Application
-
PCT National phase application
1. Ordinary application
(a) Applicants’ Details (Company or Individual)
(b) Name of applicant(s) with the complete address and nationality
(c) Inventors’ Details (Natural Person(s))
(d) Full Name of Inventor(s) with complete address and nationality
(e) Complete Specification [or provisional specification if an application is filed with Provisional Specification]
(f) Description, Claims, Abstract & Drawings (if any)
2. Conventional application
(a) Applicants’ Details (Company or Individual)
(b) Inventors’ Details (Natural Person(s))
(c) Full Name of Inventor(s) with Address and nationality
(d) Complete Specification with Description, Claims, Abstract & Drawings (if any)
(e) Priority claim details, Priority date, Priority country, Priority application number, Applicant in priority application, Title of the priority application
(f) Certified copy of priority document (may be submitted at later stage)
(g) Verified English translation of priority document (if relevant)
Timeline: Applicant can file a conventional patent application within 12 months from the date of filing of the priority application.
3. PCT Application
(a) PCT RO/101
(b) Declaration
(c) Complete specification with description, claims, abstracts and drawings (if any)
(d) Priority documents (to be transmitted by the Receiving office on payment of the fees)
A PCT application can be file in India in the India Patent Office and the International Bureau. An applicant can file a PCT applicant within 12 months from the date of filing of the priority application.
4. PCT National Phase filing
(a) Applicants’ Details (Company or Individual)
(b) Name of applicant(s) with the address and citizenship
(c) Inventors Details (Natural Person)
(d) Full Name of Inventor(s) with Address and citizenship
(e) Complete Specification with Description, Claims, Abstract & Drawings (if any)
(f) Priority claim details (if applicable), Priority date, Priority country, Priority application number, Applicant in priority application, Title of the priority application
(g) Certified copy of priority document (if not filed at IB)
(h) Verified English translation of priority document (if required by the Controller during examination)
(i) A copy of the PCT Application with details such as International Application Number, International Application Date, ISR copy, Amendment to claims or description if made at the International Phase and Corrections or changes made at the International phase (Form PCT/IB/306).
The timeline for filing a PCT national phase application in India is 31 months from the date of filing of the priority documents. In addition to the above requirements listed above applicant should also provide the following information from time to time:
-
Details of all corresponding applications filed outside India, including application number, date of filing and current status. Application Form executed by the inventors/Applicants. In lieu of such form, an Original Assignment or a certified/notarized copy of the assignment filed for the priority application.
-
If invention relates to micro-organisms
-
Name of International Depository Authority
-
Accession Number and Date of deposit
-
Sequence listing as a Soft copy
National Legislation
- The Designs Act, 2000, together with the Designs Rules, 2001, as amended, governs industrial design protection in India.
Ways to obtain protection for design:
- National filing in India
Basic Information
| Particulars | Details |
|---|---|
| Types of designs | (1) Drawings; and (2) models. |
| Novelty | Novelty is a prerequisite for the designs to be afforded registration. The subject matter must also be usable as an industrial or handicraft product. |
| Multiple figures | Though as per the legal provisions an application may comprise up to 20 drawings or designs provided that they are all interrelated, in practice however, more than one design in an application is not admissible. |
| Convention priority | 6-month priority may be claimed. |
| Locarno Classification | Applied. |
| Examination | Industrial design applications are subjected to examination as to form, novelty, and industrial applicability. |
| Publication | Under Section 7 the Controller shall, as soon as may be after the registration of a design, cause publication of the prescribed particulars of the design to be published in such manner as may be prescribed and thereafter the design shall be open to public inspection. |
| Opposition | No procedure to oppose. Only cancellation procedure available |
| Protection term | 10 years from the date of registration after which an extension can be filed for another 5 years. |
| Annuities | The initial registration term is 10 years and may be extended once for a further 5 years upon payment of the prescribed fee.. |
| Annuity grace period | 6 months. |
| Registration timeframe (straightforward case) | 8 to 12 months (approximately). |
Requirements
-
The design should be new and original.
-
It should not be available to the public eye either in India or any other country by way of publication or use before the filing date.
-
The article should be capable of being manufactured and sold separately.
-
The article should not involve any mode or principle of construction which is a mere mechanical process i.e., the shape in which all the features of the design are dictated solely by the function it performs.
-
The article in its finished state should have aesthetic appeal and judged solely by the eye.
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The design so applied should be used for commercial purposes and increase the marketable value of the article.
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It should not be against the morality and public order of the country. It should not contain any scandalous or obscene matter.
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It should not contain any property mark as defined under IPC, any trademark as defined under Trade and Merchandise Marks Act, 1958 or any artistic work defined under Indian Copyright Act, 1957.
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Any design which is not merely a mechanical contrivance and meets the criterion for registration apart from functionality many qualify for design registration.
-
Any trivial modifications made to an already existing design will not be granted any design protection. To obtain a design registration the modifications should be substantial and not minimal.
Once the requirements for design protection are met, the next step would ideally be to proceed with the Controller of Designs, Kolkata. The application for design registration should contain the following:
(a) A duly executed Power of Attorney.
(b) Certificate of incorporation or excerpt from the commercial register related to the applicant company
(c) Assignment deed executed by the creator/ author/ originator of the design in favor of the applicant, duly notarized, if the applicant is not the creator/author/ originator;
(d) A duly certified copy of priority document, if priority is claimed.
(e) Form 1 containing the name of the article, class, sub class under which the design is to be registered. The article can be registered in more than one class of registration under the Locarno Classification of Designs which has 31 main classes and various sub classes.
(f) Representation sheets- containing the name of the article, statement of novelty claimed in the design, images, drawings or photographs of the article from different views i.e., perspective vies, front view, rear view, top view, bottom, right side view and left side view.
National Legislation
- The Copyright Act 1957 (as amended by the Copyright Amendment Act 2012), together with the Copyright Rules, 2013, as amended, governs copyright protection in India.
Basic Information
Works Protected : Section 13, under Chapter III of the Copyright Act, 1957, provides for provisions related to the different types of works protected by Copyright in India. The different types of works protected by copyright are as follows:
a. Literary Works
The Literary Works includes the original or unique creation of literature, which can be in any form like a work of fiction, technical books or paper, biography, dramatics, thesis, script, research work, compilation, tables, and computer programs including computer databases. It can be claimed regardless of the style quality or literary merit of the work.
b. Dramatic Works
The Dramatic Work is also a type of literary work. The Dramatic Works includes any arrangement of acting a play, or a part for recitation, or choreographing work or dumb show entertainment, a picturesque arrangement, or acting work based on a fixed writing work. But the Dramatic works does not include any type of cinematograph films.
c. Musical Works
A Musical Work is a distinct work that is copyrightable in itself. The Musical Works does not include any sound or lyrics. Though the works related to sound recordings are dependent on the musical works, but for the protection of Musical Works, a separate application is required to be moved with the Copyright Office for the Registration of such musical work. The author of a sound recording is not required to take any permission from the author of a Musical Work. For enjoying Copyright protection for a musical works, it is not required that the musical work is written down.
d. Artistic Works
Section 2 of the Copyright Act, 1957 provides for the provisions related to the Artistic Works protected by Copyright in India. Under Section 2 of the Copyright Act, 1957, a protection of copyright in artwork exists in an original artistic work comprising of sculptures, paintings, cartoons, graphics, lithographs, etchings, drawings, plans, photography, diagrams, models of buildings, charts, buildings, maps, molds and casts for sculptures.
e. Cinematograph Films
A cinematograph film is a work of visual recording together with the sound recordings accomplished by any process, whether digital or analogous, including the video films. It also includes visual recording in any medium and by any way of storing such visual recording. As per the definition of cinematograph films, every single recorded work with moving images or visuals will be considered a cinematograph.
f. Sound Recordings
A Sound Recording comprises of any work of sound recording irrespective of its storage medium. The songs which contain singers voice with or without music, a recorded speech or an audio, or podcast is the examples of sound recording. In case the sound recording also contains music, so the permission from the author of musical work is required to be obtained for the Copyright protection of the sound recording.
Exceptions to Copyright Protection
The following are specifically excluded from copyright protection: mere ideas, procedures, methods of work, mathematical understandings, principles, and abstract facts; official documents, regardless of their original language or the language translated into, such as the texts of laws, regulations, decisions, international agreements, judgments, arbitrators’ awards, and the decisions of the administrative committees having judicial competence; news, events, and current facts, which constitute merely media news; works transferred to public property.
Duration of Copyright
The term copyright protection varies on different parameters and is not the same for all classes or types of the trademark which is based on the publication of the original work.
(1). Publishes work of literature or music work or artistic work other than photographs are protected for a term of copyright the lifetime of the author of the original work and 60 years after that. In other words, the copyright subsists for a period of up to 60 years from the death of the author of the work.
(2). Work of Literature (Literary Work) or music work or artistic work other than photographs which have not been published, performed or offered for sale or for broadcast during the lifetime of the author, shall have a validity of the copyright on the original work for a period of 60 years after of the death of the author from the end of the year in which the work was first published or performed or offered for sale.
(3). Cinematograph Film, Photographs, and computer programs have the protection of copyright for a period of 60 Years beginning the end of the year in which the work is published or made available to the public with the specific consent of the author or creator of the work.
(4). However, in the case of unpublished Cinematograph films, Photographs, and computer programs the copyright in the original work subsites up to 60 years from the year in which the original work was for the first time created.
(5). The sound recordings have the validity of its copyright for 60 years from the end of the year in which such a sound recording is published for the first time.
Registration Timeframe
3 to 4 months (approximately).
Requirements
- Copies of the artistic work.
- Name, address and nationality of the applicant.
- Nature of the applicant’s interest in the work.
- Title of the work.
- Name, address and nationality of the author and if the author is deceased, the date of his death.
- Power of Attorney from the applicant – duly notarized
- Assignment deed executed by the author in favor of the applicant, duly notarized, if the applicant is not the author.
