Trademark Rules in India: What the Trade Marks Act and Rules 2017 Require

The Trade Marks Act, 1999 sets out what a trademark is, what can be registered and what rights registration gives. The Trade Marks Rules, 2017 set out the procedure: forms, fees, deadlines and hearings. Applications are handled by the Trade Marks Registry under the Controller General of Patents, Designs and Trade Marks, mostly online through IP India.

Any sign that can be represented graphically and distinguishes your goods or services from others: words, names, logos, letters, numerals, slogans, shapes, colour combinations, and sound marks, which are filed as an MP3 of up to 30 seconds.

• Absolute grounds (section 9): the mark has no distinctive character, describes the goods ("Best Biscuits"), is a common or generic term, could deceive the public, could hurt religious sentiments, or is prohibited under the emblems law.
• Relative grounds (section 11): the mark is identical or similar to an earlier mark for similar goods or services and likely to confuse buyers, or it takes unfair advantage of a well-known mark.

Most objections fall under these two sections, which is why a search before filing saves time.

• Eight forms instead of 74. The ones most businesses meet are TM-A (application), TM-O (opposition and counter-statement), TM-M (miscellaneous requests, including expedited examination), TM-R (renewal) and TM-P (assignment and other post-registration changes).
• Lower fees for individuals, startups and small enterprises, and a discount for filing online.
• Expedited examination on request for a higher fee.
• Well-known trademark status can be requested from the Registrar.
• Hearings: adjournments are limited, and hearings can be held by video conference.
• Service by email: the Registry sends examination reports and notices by email, so keep the address on your application current.

Missing a reply or counter-statement deadline usually means the application is treated as abandoned. Check where your application stands with our trademark status guide.

• Registration lasts 10 years from the application date and can be renewed indefinitely, 10 years at a time.
• A registered mark not used for a continuous five years (counted from three months after registration) can be removed on an application by someone else.
• Use ™ with any mark you claim. Use ® only once the mark is registered, and only for the registered goods or services. Falsely claiming registration is an offence.
• A registered owner can sue for infringement. An unregistered mark is protected only through a passing-off action, which is harder to prove.

TaxQue handles trademark registration, objection replies and renewals.