Protected from filing, registered later
Trademark Registration in India
In India you can use the mark and claim rights from the application date, long before registration issues.
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The gap between filing and registration is long
An Indian trademark application gives you a priority date and the ability to use the mark immediately, but registration itself can take a considerable time — examination, publication and any opposition each add to it. That is not a reason to delay filing; it is a reason to file early, because the protection effectively dates from the application while the certificate catches up.
- Filed early so the priority date is secured
- Classes scoped for your actual and planned goods
- Opposition risk assessed before filing, not after
20+
Mainland, free zone and offshore jurisdictions we file in — so the recommendation is based on your activity, not on which authority we happen to be registered with.
7,000+
Companies successfully established.
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How protection works
From application to certificate
Rights run from filing; the certificate lags.
| Stage | Position |
|---|---|
| Application | Priority date secured; the mark can be used. |
| Examination | Objections raised and answered. |
| Publication | Advertised for third-party objection. |
| Opposition | If filed, adds considerably to the timeline. |
| Registration | Certificate issues; renewable thereafter. |
| Unregistered use | Prior use can also found rights. |
Classification, examination practice, opposition procedure and timescales are set by the registry and change, and prior unregistered use can affect rights. Protection in other countries requires separate filings.
How it works
From search to registration
File early; manage the wait.
01
Search and scope
The register searched for conflicts including prior use, and classes identified for what you sell and plan to sell.
02
File
Application filed to secure the priority date, so the mark can be used while registration proceeds.
03
Prosecute
Examination objections answered, publication monitored, and any opposition managed through to certificate.
- The mark exactly as used
- Logo artwork to specification
- Whether the mark is already in use in India
- Date of first use, if applicable
- Full list of goods and services
- Goods or services planned within the year
- Applicant details
- Power of attorney
- Priority documents if claiming an earlier filing
- Any prior user you are aware of
- Registrations held in other countries
- Whether international protection is wanted
Scope
What is included, and what is not
Stated plainly, so nothing is added once the engagement starts.
Included in the service fee
- Register search including prior use checks
- Class identification for your goods and services
- Preparation and filing to secure the priority date
- Examination objection responses
- Publication monitoring
- Opposition guidance where one is filed
- Advice on international protection routes
- Renewal diary
Not included, quoted separately
- Registry fees, paid at cost
- Fees per class
- Filings outside India, quoted separately
- Logo and brand design
- Opposition and rectification proceedings, quoted separately
- Enforcement and litigation
- Investigations into infringers
- Renewal at the end of the term
Verify independently
Official Indian authorities
We file directly with these bodies on your behalf.
Reserve Bank of IndiaSecurities and Exchange Board of IndiaEmployees’ Provident Fund OrganisationForeigners Regional Registration OfficeTrade Marks RegistryState labour departments
Questions
India trademark registration — FAQs
Can I use the mark before registration?
Yes. The application secures a priority date and the mark can be used while registration proceeds, which is just as well given the timescales.
How long does registration take?
Considerably longer than in many jurisdictions, with examination, publication and any opposition each adding time. Filing early is the sensible response.
Does prior use by someone else matter?
Yes. Prior unregistered use can found rights in India, so the search looks beyond the register where possible.
How many classes should I file in?
Enough to cover what you sell and plan to sell within the year. Each class carries its own fee, and under-filing is expensive to correct.
Can I extend protection internationally?
India participates in the international registration system, so a single application can designate other member countries. We advise on whether it suits your portfolio.
Go deeper
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