India IP registration, from Delaware / London / Singapore.

Route 1: Madrid Protocol (international registration)

• File a base application in home country (USPTO / UKIPO / EUIPO / etc.) then designate India via WIPO Madrid Protocol.
• Single application covers India + other designated countries.
• Timeline: 2-4 years from Madrid filing to Indian registration (India examines designations independently).
• Benefits: simpler administration (single renewal, single modification), cost-effective for multi-country protection.
• Drawbacks: dependent on home base registration first 5 years (central attack); Indian objections handled by Indian IP agent.

Route 2: Direct Indian application

• File directly at Indian Trademark Registry via Form TM-A (national application).
• Foreign applicant must appoint Indian attorney / agent.
• Timeline: 18-36 months typical from filing to registration (varies by class + opposition).
• Benefits: independent of home base, direct control, faster for Indian-specific priority.
• Drawbacks: country-by-country costs if multi-national protection needed.

Which to pick:

• Multi-country launch (India + 3+ others): Madrid.
• India-only or India-priority: Direct.
• Existing US / EU registration + want India expansion: Madrid designation if home registration is already granted.

1. Trademark search: free search on Indian TM Registry database (ipindiaonline.gov.in). Identify similar marks in your Nice class(es). Essential to avoid oppositions.
2. Classification: pick Nice Class(es) — 45 total (34 goods + 11 services). Fee per class.
3. Filing: TM-A (national) or WIPO Madrid designation. Government fee ~INR 4,500-9,000 per class (varies by applicant type: startup/MSME half-fee).
4. Examination: Indian examiner reviews on absolute grounds (distinctiveness) + relative grounds (prior marks) in ~6-18 months.
5. Examination report (if raised): respond within 1 month. If objection sustained, hearing before Trademark Hearing Officer.
6. Publication: approved applications published in Trademark Journal.
7. Opposition: 4-month window post-publication for third parties to oppose. If opposed → proceedings before Trademark Registry (can take 2-4 years).
8. Registration: if no opposition / opposition dismissed, certificate issued.
9. Validity: 10 years from filing, renewable indefinitely.

Route 1: PCT National Phase Entry

• File PCT international application at WIPO (claiming priority from US / UK / etc. patent).
• Enter Indian national phase within 31 months of priority date.
• Filing fee ~INR 1,600-8,000 (government) + attorney fee.
• Timeline: 4-7 years from PCT filing to Indian grant (varies by field).
• Most foreign-origin Indian patents use this route.

Route 2: Direct Indian application (Convention application)

• Within 12 months of priority date in home country.
• Independent Indian prosecution.
• Faster if India is key market.

Patent workflow:

1. Prior art search.
2. Filing: Form 1 (Request for Patent) + Form 2 (Provisional/Complete Specification) + claims + drawings. Attorney fee significant.
3. 18-month publication (automatic unless secrecy direction).
4. Request for Examination within 48 months (Form 18).
5. First Examination Report (FER) — respond within 6-12 months.
6. Hearing (if needed) before Controller.
7. Grant → publication → 20-year validity from filing date.
8. Annuity fees every year from 3rd year.

Section 3 restrictions: certain subject matter not patentable in India — new form of known substance (Section 3(d)), method of agriculture, business methods per se, mathematical/business methods, computer programs per se, plants/animals (except microorganisms). Section 3(d) especially important for pharma patents.

Copyright:

• Automatic protection on creation (no registration mandatory in India for enforceability).
• Registration optional but useful as evidence of ownership + date.
• Covers: original literary / artistic / musical / dramatic works + cinematograph films + sound recordings + software source code.
• Term: author's life + 60 years for literary/musical works.
• Foreign authors / corporations: Berne Convention + India IP agent for registration.

Design Registration:

• Protects shape, configuration, ornamentation of articles.
• Term: 10 years + 5-year renewal.
• Priority claim within 6 months of foreign filing.

Geographical Indication (GI):

• Mostly for Indian-origin products (Darjeeling tea, Basmati rice, Mysore silk).
• Foreign GI possible for products uniquely associated with a foreign region.

• Infringement suit: civil remedy before District Court / High Court. Injunction + damages + account of profits.
• Opposition (TM): as above, 4-month post-publication window.
• Rectification: cancel registered mark on grounds of non-use (5 years) or improper registration.
• Pre-grant opposition (Patent): before grant, by any person.
• Post-grant opposition (Patent): within 1 year of grant.
• Customs enforcement: register IP with Indian Customs (Form IEIR) to block counterfeit imports at border.
• Criminal remedy (TM): Section 103-104 Trademarks Act — imprisonment + fine for counterfeiters.

Last updated: 2026-10-13.