INfiling code

India

CGPDTM · Trade Marks Registry

The one market on this map where being first to the register does not automatically settle the question. Prior use carries real weight.

Trademarks
System
Filing + prior use rights
Madrid Protocol
Member
To registration
~12–24 months
Term
10 years, renewable
Patents & designs
PCT
Member
Utility model
Not available
Hague (designs)
Not available
Design term
10 years, renewable to 15

No utility model system. India requires periodic statements on commercial working of a granted patent, and software and business-method claims face specific statutory exclusions worth checking before you draft.

What to watch in India

Four things that decide whether the filing holds

  • Search the market, not just the register

    Prior use can defeat a later filing. A search that only reads the register misses the risk that matters most here.

  • Opposition volume is high

    Timelines stretch. Build the delay into launch planning rather than assuming a clean run.

  • Regional scripts are worth considering

    For consumer brands sold across states, script variants can be part of the filing strategy.

  • Evidence of use is worth keeping from day one

    It supports both your registration and any claim against a later filer.

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