Trade Marks Registry
Mumbai
4 states and UTsHead officeOur office
- Maharashtra (highlighted)
- Goa
- Madhya Pradesh
- Chhattisgarh
Boudhik Sampada Bhavan, near Antop Hill Post Office, S.M. Road, Antop Hill, Mumbai 400037
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
A US company registers a trademark in India with the Trade Marks Registry, either by a direct application through an Indian agent with an address for service in India, or by designating India in a Madrid application filed through the USPTO. India decides Madrid designations within 18 months; an unopposed direct application can register in under a year.
- Reviewed by
- 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.
US → INAt a glance
- 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 a foreign applicant enters India
A foreign applicant with no principal place of business in India gives an address for service in India, usually its agent’s office, and under rule 4 of the Trade Marks Rules, 2017 the application goes to the Registry office for that address.
Source: Trade Marks Rules, 2017.
Which Trade Marks Registry handles a foreign applicant?
Every applicant gives an address for service in India (rule 17, Trade Marks Rules, 2017). Rule 4 then sends the application to the Registry office for the applicant’s principal place of business in India or, with none, for that address for service. With our Vashi office as the address for service, that is the Trade Marks Registry, Mumbai. Source: Trade Marks Rules, 2017.
Navi Mumbai, Maharashtra is handled by the Trade Marks Registry, Mumbai.
Trade Marks Registry
Delhi
9 states and UTs
- DelhiUT
- Haryana
- Punjab
- Himachal Pradesh
- Jammu and KashmirUT
- LadakhUT
- Uttar Pradesh
- Uttarakhand
- ChandigarhUT
Trade Marks Registry
Kolkata
13 states and UTs
- West Bengal
- Bihar
- Jharkhand
- Odisha
- Assam
- Arunachal Pradesh
- Manipur
- Meghalaya
- Mizoram
- Nagaland
- Sikkim
- Tripura
- Andaman and Nicobar IslandsUT
Trade Marks Registry
Chennai
7 states and UTs
- Tamil Nadu
- Kerala
- Karnataka
- Andhra Pradesh
- Telangana
- PuducherryUT
- LakshadweepUT
Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 600032
Trade Marks Registry
Ahmedabad
3 states and UTs
- Gujarat
- Rajasthan
- Dadra and Nagar Haveli and Daman and DiuUT
Based on the Registry’s notified territorial jurisdiction, as set out in our registry jurisdiction guide. Confirm the current notification on IP India before relying on it in a dispute.
View as a table
| Office | States and union territories |
|---|---|
| Mumbai (head office) | Maharashtra, Goa, Madhya Pradesh, Chhattisgarh |
| Delhi | Delhi, Haryana, Punjab, Himachal Pradesh, Jammu and Kashmir, Ladakh, Uttar Pradesh, Uttarakhand, Chandigarh |
| Kolkata | West Bengal, Bihar, Jharkhand, Odisha, Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Andaman and Nicobar Islands |
| Chennai | Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Telangana, Puducherry, Lakshadweep |
| Ahmedabad | Gujarat, Rajasthan, Dadra and Nagar Haveli and Daman and Diu |
How long does trademark registration in India take for a US applicant?
An application with no objection and no opposition can register within about 8 to 12 months; objections and hearings add time.
| Stage | What happens | Typical timing |
|---|---|---|
| Filing | Form TM-A filed online, or Madrid designation notified by WIPO | Day 0 |
| Examination report | Objections under section 9 (absolute) or 11 (relative) grounds, if any | Often within a few months |
| Reply to examination report | Written reply by the Indian agent | Within one month of the report |
| Show-cause hearing, if needed | Before an examiner, often by video | Scheduled by the Registry |
| Advertisement | Published in the Trade Marks Journal | After acceptance |
| Opposition period | Third parties may oppose | 3 months, extendable by 1 |
| Registration | Certificate issued; protection dates back to filing | About 8–12 months if unopposed |
| Madrid designations | Registry must notify any refusal | Within 18 months |
Timings depend on the Registry’s workload. Registration lasts 10 years from the filing date and is renewable on Form TM-R.
What documents does a US company need to file in India?
Trademark application
- Applicant’s legal name, state of incorporation and address
- The mark: word or logo, and any colour claim
- Goods and services, by Nice class
- Form TM-48 authorising GB Legal Associates, signed by an authorised signatory
- Certified copy of the US application if claiming priority
- User affidavit and evidence if claiming use in India before filing
Patent application
- Specification and claims in English (from the US or PCT application)
- Form 26 power of attorney
- Form 3 statement on corresponding foreign applications
- Form 5 declaration of inventorship
- Priority document, or WIPO DAS access, and an assignment or proof of right
Questions from US companies filing in India
Does a US trademark registration protect our brand in India?
No. Trademark rights are territorial. India recognises well-known marks and prior use, but relying on them means litigation. An Indian registration is the reliable route.
Do we need to notarise or legalise the power of attorney?
For trademarks, the Registry accepts Form TM-48 signed by an authorised signatory; notarisation or legalisation is generally not required. For patents, Form 26 is likewise signed without legalisation. We send the forms ready to sign.
Should we file directly or designate India through Madrid?
Madrid is efficient if India is one of several countries and your US base mark is secure. Direct filing gives you an Indian agent from day one, faster handling of objections and independence from the US base mark.
Which Indian trademark office will handle our application?
The office is fixed by your address for service in India when you have no place of business here. Through our Vashi office, the Mumbai office of the Trade Marks Registry handles the file.
Does India accept retail services in Class 35?
Yes. India follows the Nice Classification and accepts retail and online retail services in Class 35 with the goods specified.
Do we need a foreign filing licence to file our US invention in India?
Not under Indian law, unless an inventor is resident in India; section 39 applies to persons resident in India. US law has its own foreign filing licence rule for inventions made in the USA, which your US counsel will confirm.
How do we keep an Indian patent in force?
By paying annual renewal fees from the third year and filing the statement of working on Form 27 once every three financial years. We docket both.