GB Legal Associates
Indian agent for US brand owners

Trademark Registration in India for US Companies

Trade Marks Act, 1999 · Patents Act, 1970 · Direct filing or Madrid designation of India

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Advocate, intellectual property
Last updated
  • Indian agent of record. We file and prosecute in India and report to you or your US counsel.
  • Address for service in India. Our Vashi office serves as the address for all Registry and Patent Office correspondence.
  • Patents too. Paris Convention filings, PCT national phase at 31 months, and Form 27 working statements.

Instruct us in India

Send the mark, classes and any US filing details. Written reply on the Indian route within one working day.

Confidential. Reply within one working day. Never shared.

US → INAt a glance
Trademark filing in India for US companies
Indian office
Trade Marks Registry (Mumbai via our address)
Routes
Direct or Madrid via USPTO
Authorisation
Form TM-48 / Form 26
Madrid refusal period
18 months
Term
10 years from filing

How does a US company protect its trademark in India?

India follows a first-to-file system with strong protection for prior users, and it examines every application on absolute and relative grounds. A US registration has no effect in India, so the mark needs an Indian filing.

Direct filing is made by an Indian trade marks agent on Form TM-A. A foreign applicant with no principal place of business in India must give an address for service in India, and that address decides which of the five Registry offices (Mumbai, Delhi, Kolkata, Chennai or Ahmedabad) handles the file. Filing through our office in Vashi places the application with the Mumbai office. The agent is appointed on Form TM-48, signed by the applicant.

A Madrid designation of India is made in an international application filed through the USPTO as office of origin. India has declared an 18-month period to notify a provisional refusal. If the Registry objects, the reply must be filed through an Indian agent, so many US owners appoint us at that point.

Priority from a US filing

If the Indian application is filed within six months of the US application, it can claim the US filing date under section 154 of the Trade Marks Act, which India applies to convention countries. The Registry asks for a certified copy of the US application.

Use and the Indian specification

Indian applications can be filed for marks proposed to be used; use in India is not needed to file or register. If you claim earlier use in India, the claim is supported by a user affidavit and evidence. India follows the Nice Classification, and the Registry prefers clear, specific wording, so a US identification usually needs light editing.

Patents in India for US applicants

US applicants enter India by a Paris Convention application within 12 months of the US priority date or through PCT national phase within 31 months. Indian practice adds three requirements US teams often miss: the statement and undertaking on Form 3 about corresponding foreign applications, the request for examination on Form 18 within 31 months of priority for applications filed from 15 March 2024, and the statement of working on Form 27, now filed once every three financial years. Section 39, the foreign filing licence rule, applies to persons resident in India; it matters to a US company only if any inventor lives in India.

How long does trademark registration in India take for a US applicant?

How long does trademark registration in India take for a US applicant?
StageWhat happensTypical timing
Filing
Examination report
Reply to examination report
Show-cause hearing, if needed
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Opposition period
Registration
Madrid designations

What documents does a US company need to file in India?

Trademark application

Patent application

Questions from US companies filing in India

Does a US trademark registration protect our brand in India?
Do we need to notarise or legalise the power of attorney?
Should we file directly or designate India through Madrid?
Which Indian trademark office will handle our application?
Does India accept retail services in Class 35?
Do we need a foreign filing licence to file our US invention in India?
How do we keep an Indian patent in force?

Official sources

  1. 1.IP India: Trade Marks Registry
  2. 2.IP India: International trade mark protection (Madrid)
  3. 3.Trade Marks Rules, 2017 (IP India)
  4. 4.Patents Act, 1970, as amended to 1 Aug 2024 (IP India)
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