Trademark registration in India, under the Trade Marks Act, 1999, gives protection for 10 years from the application date, renewable indefinitely in further 10-year terms, with well-known marks getting extra protection against use on unrelated goods and services under Section 11(2) and 29(4).
Registering a trademark
An application is filed under Section 18 of the Trade Marks Act, 1999, specifying the mark and the
relevant goods/services class under the Nice Classification (45 classes in total). The Registrar examines the
application under Section 9 (absolute grounds for refusal, such as marks lacking distinctiveness or being
purely descriptive) and Section 11 (relative grounds, such as conflict with an earlier mark). If cleared, the
mark is published in the Trade Marks Journal, and any person may oppose it under Section 21 within four
months of publication. If unopposed, or if the opposition fails, a Certificate of Registration is issued
under Section 23.
Validity, renewal, and well-known marks
Registration is valid for 10 years from the date of application (Section 25(1)) and can be renewed
indefinitely for successive 10-year terms (Section 25(2)). A mark that lapses can typically still be restored
within a grace window before it is removed from the register altogether. Well-known marks -- defined under
Section 2(1)(zg) -- get protection against use on dissimilar goods or services where such use would take
unfair advantage of, or be detrimental to, the mark’s distinctive character or reputation (Sections
11(2) and 29(4)). Since 2017, a mark owner can also apply directly to the Registrar under Rule 124 of the
Trade Marks Rules, 2017 to have a mark officially declared “well-known,” rather than relying only
on case-by-case judicial recognition.
Infringement remedies
Civil remedies under Sections 134-135 include injunctions, damages or an account of profits, and
delivery-up of infringing goods -- and, usefully for a plaintiff, the suit can be filed where the plaintiff
resides or carries on business, not only where the infringement occurred. Criminal remedies are also
available under Sections 103-105 for falsifying or falsely applying a trademark, with imprisonment ranging
from six months to three years and fines between ₹50,000 and ₹2,00,000, with enhanced penalties
for repeat offenders.
How long does trademark protection last in India, and does it ever expire permanently?
A registered trademark is protected for 10 years from the application date and can be renewed indefinitely
in further 10-year terms on payment of the renewal fee -- it does not expire permanently as long as it is
renewed on time (or restored within the available grace window if a renewal is missed).
Can I sue for trademark infringement wherever my business is located, even if the infringement happened elsewhere?
Yes -- Sections 134-135 of the Trade Marks Act give the plaintiff the option to sue where they reside or
carry on business, in addition to where the cause of action arose, which is a notably plaintiff-friendly
jurisdiction rule compared to ordinary civil procedure.
What is the benefit of having a mark officially declared “well-known”?
A well-known mark gets protection even against use on unrelated goods or services where the use would
unfairly exploit or harm the mark’s reputation -- broader protection than an ordinary registered mark
gets, which is generally protected only against confusingly similar use on similar goods/services.
