Our Frequently Asked Questions section offers quick answers to the most common questions received from Helpdesk users. Questions are related to different IP topics, with a special focus on trademark and patent registration in India. We will continuously update this FAQs section. However, should you do not find the answer you are looking for, please do not hesitate to contact with our free helpline service.
About the India IP SME Helpdesk
The India IP SME Helpdesk is an initiative funded by the European Union to support European SMEs in protecting their intellectual property rights in India.
The India IP SME Helpdesk provides the following services free-of-charge:
- Helpline service, answering all IP-related enquiries within 3 working days.
- Training service, training sessions on matters of IP protection in India organised online and on-sight throughout Europe.
- IP Resources, a library of material providing practical information related to IP protection in India.
IP Rights in General
All applications for the registration of IPRs in India must be filed either in English or in Hindi.
The Office of Controller General of Patents, Designs, and Trade Marks (CGPDTM), India’s IP Office, is the government agency administrating the issuance and management of all IP rights in India. It is located in Mumbai and oversees the work of all its branches, each specialised in a specific IP right, which are located across different cities in India.
Applications for the registration of IP Rights such as patents, trade marks or design rights can be filed by the applicant directly. It is however always recommended to go through a specialised IP agent to ensure the greatest probability of success of the application.
Note however that applicants which do not have an address or place of business in India must be represented by a local agent.
India protects copyright, trade marks, patents, industrial designs, geographical indications and semiconductor integrated circuits layout designs.
Trade Marks in India
India participates in the Madrid System, an international trade mark applications can therefore be applied for in regards to India.
Trade marks are valid and enforceable in India for 10 years from the date of filing of the application. Trade mark rights can be renewed every 10 years.
The cost for the trade mark registration is 4,500 INR (approximately 51 EUR) for Individual / Start-up/ Small Enterprise, and 9,000 INR (approximately 102 EUR) for the other applicants per each class and each mark. Renewal fees are 9,000 INR (approximately 102 EUR) per each class and each mark.
Patents in India
Patents grated in India are valid and enforceable for 20 years from the date of filing of the application.
No, India does not have a utility model protection system.
Industrial Designs in India
No, India does not participate in the Hague system for the international registration of design rights. Therefore, applications must be filed directly with the India IP Office to protect industrial designs in this territory.
Industrial design rights are valid and enforceable for 10 years from the date of filing of the application. Protection can be renewed once for an additional period of 5 years.
Application fees for a design registration are 1,000 INR (approximately 11 EUR) for natural person, start-up and/or small entity and 4,000 INR (approximately 45 EUR) for others. In addition, the renewal fees for a design are 2,000 INR (approximately 23 EUR) for a natural person start-up and small entity, and 8,000 INR (approximately 90 EUR) for others.
No, industrial design rights are only enforceable in India if it has been registered with the Indian IP Office. In certain cases, copyright protection may also be available until registration of the design.
Copyright in India
Copyright over a work in India exists from the moment the work protected has been created.
However, a copyright is only enforceable and can be used to bring proceedings against alleged infringers if it has been registered beforehand.
The duration of the copyright protection varies according to the nature of works. In the case of musical, artistic and literary works, copyright subsists for the lifetime of the author plus 60 years after his/her death. Films, photographs, and software are protected for 60 years from the year of their public disclosure. The rights over broadcasts last for 25 years from the year of broadcast and performers rights last for 50 years from the year the performance was made.