India
India, as one of the world's fastest-growing economies and a hub for innovation, has developed a sophisticated intellectual property framework that balances protection of rights with promotion of public interest. The country's IP regime has evolved significantly over the past few decades, aligning with international standards while addressing unique national priorities.
Trademarks
Patents
Industrial Designs
Geographical Indication
Local Legislation
The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM), under the Department for Promotion of Industry and Internal Trade, administers India's IP system. With regional branches across the country, it ensures efficient processing and management of IP rights.
Trade Marks Act 1999
Patents Act 1970
Design Act 2000
Geographical Indications of Goods Act 1999
WIPO Treaties and International Protection
India is a member/signatory to the below treaties set out by the World Intellectual Property Organisation (WIPO)
Madrid Protocol
(International Trademarks)
Patent Cooperation Treaty
(International Patents)
Lisbon Agreement
(Geographical Indication)
Nice Classification
11th Edn.
Locarno Classification
12th Edn.
Trademarks
Trademarks registered with the CGPDTM have a validity of 10 years from date of application, which can be renewed indefinitely for successive periods of 10 years each. Parties have four months from publication in the national Trademark Journal to file opposition.
UK trademarks can be searched through the CGPDTM or WIPO systems.
Straightforward applications with no oppositions may proceed to registration within 18 months from filing date.
Revocation actions on grounds of non-use may be filed any time after five years and three months following the registration date.
Patents
India recognises the filing of patent applications in multiple forms. Applicants may file the following applications: provisional, non-conventional, conventional, PCT national phase, divisional, and Patent of Addition.
Patents have a validity of 20 years, with the first annuity due in the second anniversary of the filing date. Oppositions against a patent application can be raised at both pre-grant and post-grant stages. At pre-grant a third party may raise an opposition within six months of patent publication, however, post-grant third parties will have one year from the date of publication of the patent grant.
Patent grants usually take four years from date of application.
Design
Industrial Design registrations in the UK are valid for 10 years with the option to renew for an additional five years, i.e., maximum protection for 15 years.
A design application filed in India can only contain a single design in one class.
Oppositions against industrial design application can be raised within six months from date of publication in the official gazette.
Design applications are typically registered within 12 months of filing, subject to no oppositions.
Geographical Indications
Geographical Indications (GIs) are valid for 10 years and can be renewed indefinitely. GI applications filed in India are typically agricultural, natural or manufactured products originating from a definite geographic territory.
GI applications may be filed for a single class or multiple classes. The registrar accepts non-convention and convention application for GI's.
All GI applications undergo preliminary examinations by the Examination Officer to identify deficients. Upon compliance, applications are further examined before a Consultation Group.
The application may be accepted by the Registrar as filed or subject to necessary amendments or conditions. After approval, the GI is published in the Official GI Journal.
Formal Requirements:
Applicants need to provide a simply signed power of attorney for appointing a representative/agent to act on their behalf before the CGPDTM/India IPO.