Trade marks in India

As technology grows and businesses expand, the demand for businesses to be more IP aware is increasing.

Therefore as businesses set up base in new countries, it is important that IP follows suit.

As India was previously part of the British Empire, it has followed in the UK’s footsteps in relation to the main structure of the IP system, especially in relation to trade marks.

Registration

While India is a signatory to the Madrid system, it is best to register your mark through the national system.

To do this, there are five offices from which you can choose to file your application. These offices are Ahmedabad, Chennai, Mumbai, Kolkata and New Delhi.

Similar to an application in the UK, it may be refused if it is found to be too descriptive of its goods or services, or identical/similar to an existing registered mark.

The mark will be protected for a period of ten years, and then renewed after that indefinitely if successfully registered.

Enforcement

In India, you can enforce your IP rights through both civil and criminal proceedings.

The disadvantage to using civil litigation in India, however, is the lack of damages awarded in many cases. Trade mark cases are more likely to attract awards of damages in relation to other types of IP; however this is normally through the criminal litigation process.

Any criminal action is brought by the Indian Government, therefore the infringement needs to be severe. This action does carry hasher remedies and is normally triggered by complaints made by right owners to the Police or magistrates.

For more information and guidance, talk to the experts. The Trademarkroom are here to help you kick-start the protection of your brand.

By Ellis Sweetenham