Filing Trademarks In India: From Application To Renewal

Trademarks in India are governed by the Trade Marks Act, 1999 ("Act") and Trademark Rules, 2017. The Act provides the procedure for the registration of any mark capable of being represented graphically as a word, device, label, numerals, or combination of colours, shape or sound, and capable of distinguishing the goods or services of one person from another. In other words, a trademark is a source identifier of businesses, products and services.

Any person or entity can file a trademark application in India, including foreign applicants. While adopting a trademark, an applicant must ensure the trademark is coined and arbitrary in nature, and not generic, descriptive, or common in respect of the goods or services offered under the trademark. It should be distinctive and not deceptively or confusingly similar to an existing brand or trademark.