Trademark Filing in India and Abroad - A Practical Starting Point
A trademark protects what makes your brand recognisable - a name, a logo, a tagline, or a combination. Unlike a patent, which protects how something works, a trademark protects how something is identified in the market. Registration is not mandatory in India, but an unregistered mark offers significantly weaker legal protection and makes enforcement far more difficult.
Filing in India
Applications are filed with the Trade Marks Registry under the CGPDTM. India follows the Nice Classification system - goods and services are divided into 45 classes, and you file separately for each class relevant to your business. Getting the class selection right matters: filing in the wrong class leaves gaps that competitors can exploit. The process moves through examination, publication in the Trade Marks Journal, and a four-month opposition window before registration is granted. Expect 18 to 36 months, though expedited examination is available.
Filing abroad
The Madrid Protocol allows a single international application through WIPO, designating multiple member countries at once - cost-effective when covering several jurisdictions. Direct national filing through local agents remains better for jurisdictions with specific requirements or where prosecution strategy matters more than speed. Your Indian registration or application serves as the base for a Madrid filing.
Before you file
A trademark search is not optional. Filing without a clearance search risks rejection on grounds of similarity to an existing mark, or a costly opposition after publication. A proper search covers identical and phonetically or visually similar marks across relevant classes.
We conduct trademark searches and manage filings across India and international jurisdictions. If you are building a brand, get the search done before the name is announced publicly.
Evaluating an invention, planning a filing, or need portfolio guidance?
Start a Conversation