India Trademark

India Trademarks


India trademark law protects rights resulting from trademark registration, ways to transfer and assign rights, infringements, etc. The law provides protection to trademarks according to the Trademark Act 1999 and also according to passing off, which is a tort in common law that can be used for the enforcement of unregistered rights. The Controller General of Patents, Designs & Trade Marks (CGPDTM) ensures that trademarks are adequately protected.According to the Trademark Act 1999, a trademark is a mark that can be represented in graphical form and can be used to differentiate the products or services offered by two or more people. The mark’s design may include different color combinations, shape of items, and packaging.

New trademark rules were put forward in March 2017, with the purpose of making the registration process easier. The steps taken to achieve this goal include separate fees for individuals, startups and others, encouragement of e-filing, accepting registration of 3D marks, etc.

The symbols used to signify a trademark include ™ (the symbol is generally used for unregistered trademarks) and ® (the symbol is used for registered trademarks). It is acceptable to use the ™ symbol wherever common law permits its use, whereas the use of ® may only be limited to the owner after they have registered it.

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