Area: Approximately 2.98 million square kilometers (excluding the Indian-occupied areas along the Sino-Indian border and the Indian-controlled areas of Kashmir). It ranks 7th in the world in terms of area.
The population is approximately 1.42 billion (2022). (Data source: International Monetary Fund).
The main economic data for 2022 are as follows:
GDP: $3.39 trillion.
GDP growth rate: 6.8%.
GDP per capita: US$2,380.
Currency name: Indian Rupee.
Exchange rate: 1 US dollar is approximately equal to 83.2 Indian rupees (data from October 2023).
- Treaty Membership
- Paris Convention for the Protection of Industrial Property (Paris Convention)
Accession: 1998
- Patent Cooperation Treaty (PCT)
Accession: 1998
- Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol)
Accession: 2013
III. Trademark Application Procedure and Required Documents
- Trademark Registrable Elements and Types
Elements that can be registered as trademarks in India include: words, graphics, symbols, slogans, three-dimensional logos, color combinations, sounds, etc.
The types of trademarks that can be registered in India include: trademarks, service marks, collective trademarks, certification trademarks, and series trademarks.
- Filing Routes
1) National filing (direct filing)
2) Madrid International Registration
- Required Documents
- Power of attorney;
- Clear representation of the mark;
- Applicant's name, address and nationality;
- List of goods and/or services;
- If a priority is claimed, a certified copy of the priority document needs to be submitted..
- Filing based on actual use: Date of first use in India, notarized affidavit of use and evidence of use;
- If the trademark contains words or characters in a language other than English or Hindi, a translation and transliteration of the trademark should be provided.
- Application Procedure and Timeline
Filing: The 11th edition of the Nice Classification is adopted; multiple-class are possible; the principle of first-to-file is followed.
Examination: formal examination and substantive examination;
Publication / objection: the opposition period is 4 months
Registration: Approximately 10-12 months from filing to registration
- Assignment
Allowed for both pending and registered trademarks. A power of attorney from the assignee, a notarized assignment agreement, a notarized affidavit from the assignor, and a notarized affidavit from the assignee are required. The processing period is approximately 18-24 months.
- Chang of Name/Address
Allowed for both pending and registered trademarks. A notarized change affidavit, proof of change and business license must be provided, and the processing time is approximately 6-8 months.
- Protection Period and Renewal
The validity period is 10 years from the date of application and can be renewed for 10 years each time before expiration.
- Cancellation
Non-use Cancellation: If a trademark has not been used for 5 consecutive years and 3 months, any interested party may file a cancellation request for the non-used trademark.
- Trademark application statistics *:
A: Statistics on total trademark applications:
2020: 407,034
2021: 464,958
2022: 479,187
B: Statistics of trademark applications from China:
2020: 4,243
2021: 3,715
2022: 3,359
*Data source: WIPO
