Trademark Desk
Trademark Protection in India
Advice to brand owners and intellectual property firms outside India on the filing, prosecution, opposition and renewal of trademarks before the Trade Marks Registry in India.
Official e-filing fee: ₹9,000 per class. Typical period to registration, where unopposed: twelve to eighteen months.
Overview
The Trademark Desk
The Firm’s trademark desk advises brand owners and intellectual property firms outside India on the protection of trademarks in India, from the filing of an application through examination, opposition and registration, and on renewals, recordals and enforcement.
The trademark desk is led by Aviral Kapoor, Co-founding Partner.
Applicants outside India are required to act through an address for service in India. The Firm acts as agent before the Trade Marks Registry and, where a matter becomes contentious, represents clients in opposition and rectification proceedings and before the Delhi High Court.
Scope of Work
Advice and Representation
Filing and Prosecution
The Firm files applications before the Trade Marks Registry, responds to examination reports and appears at show cause hearings. Clients receive written reports at each stage of the application.
A registered trademark is valid for ten years and may be renewed for successive periods of ten years.
Address for Service in India
Applicants outside India are required to provide an address for service in India. The Firm acts as agent on the basis of a power of attorney, so that no local office or presence is required.
A single power of attorney in the Firm’s favour is sufficient for filing.
Oppositions and Enforcement
Where an application is opposed, or a conflicting mark requires opposition, the matter remains with the Firm. The partners appear before the Registry and the Delhi High Court.
Oppositions may be filed within four months of publication in the Trade Marks Journal.
Services
- Search and clearanceSearches of the Indian register before you file or launch, with a view on risk.
- Filing in IndiaDirect national applications for applicants outside India, acting as your address for service.
- Madrid designations of IndiaResponding to provisional refusals and oppositions against international registrations designating India.
- Examination and hearingsReplies to examination reports and appearances at show cause hearings before the Registry.
- Oppositions and rectificationFiling and defending oppositions, and actions to remove marks from the register.
- Renewals and recordalsRenewals, restoration, and recording assignments and changes of name or address.
- WatchMonitoring the Trade Marks Journal for conflicting applications.
- EnforcementInfringement and passing-off actions before the Delhi High Court.
Process
The Registration Process
An application that is not opposed typically proceeds to registration within twelve to eighteen months. Objections or an opposition extend this period.
- 01
Receipt of Particulars
The mark, the name and address of the applicant, and the goods or services to be covered.
- 02
Review and Filing
Review of the relevant classes, execution of the power of attorney and filing before the Registry.
- 03
Examination and Hearings
Response to any objection raised by the Registry and appearance at the hearing, if listed.
- 04
Publication and Registration
Publication in the Trade Marks Journal for opposition and, where no opposition is filed, registration of the mark.
Filing
Documents Required
- Applicant’s full name, address and nationality or place of incorporation
- A clear representation of the mark
- List of goods and services, or the classes you want to cover
- Priority details, if claiming priority from a foreign application
- A signed power of attorney in favour of the Firm (the form is provided by the Firm)
- Date of first use in India, if the mark is already in use here
Fees
Official Fees
| Item | Company or other entity | Individual, startup, small enterprise |
|---|---|---|
| Application, per class | ₹9,000 | ₹4,500 |
| Renewal every 10 years, per class | ₹9,000 | ₹9,000 |
Official fees prescribed under the Trade Marks Rules, 2017, for e-filing, as at September 2026. Professional fees are provided on request.
A registration is valid for ten years and may be renewed for successive periods of ten years.
FAQ
Frequently Asked Questions
- Is an office or company in India required in order to file?
- No. An applicant outside India may file through an Indian agent, who serves as the address for service in India. The Firm acts in that capacity.
- Must the power of attorney be notarised or legalised?
- A power of attorney bearing the signature of the applicant is generally accepted without notarisation or legalisation. The Firm provides the form together with the other filing documents.
- How long does registration take?
- An application that is not opposed typically proceeds to registration within twelve to eighteen months. Objections raised by the Registry or an opposition extend this period; the Firm advises the applicant of each step and its deadline.
- Does the Firm act in respect of designations of India under the Madrid Protocol?
- Yes. Where India issues a provisional refusal, or a third party opposes an international registration designating India, the Firm may respond and appear on behalf of the holder.
- How is information submitted to the Firm handled?
- Information is used only to respond to the enquiry and, where the Firm is instructed, to act in the matter. It is not sold or shared for marketing purposes. Confidential documents should not be sent through the website form; the privacy policy sets out how enquiries are stored and deleted.
Enquiries Regarding Trademarks in India
Enquiries may be addressed to info@aklawoffices.in or made by telephone on 011-47061613.
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