Filing intellectual property in India
India is first-to-file with an unusually low official fee for startups and small entities, but the process is document-heavy and hearings are common.
- Office
- IP India (CGPDTM)
- Language
- English or Hindi
- Local currency
- INR
- Opposition
- 4 months from publication in the Trade Marks Journal
- Term
- 10 years from the filing date
- Renewal
- Every 10 years; restoration possible within 1 year of expiry
Fees & timelines by right
| Right | Official fee | Our fee | All-in | Timeline |
|---|---|---|---|---|
| Trade Mark / Brand Name | $55 | $99 | $154 | 8–18 months |
| Service Mark | $55 | $99 | $154 | 8–18 months |
| Trade Name / Business Name | $15 | $79 | $94 | 1–3 weeks |
| Patent | $95 | $540 | $635 | 24–48 months |
| Utility Model / Petty Patent | Not available — IP India (CGPDTM) operates no registry for this right | |||
| Copyright | $30 | $79 | $109 | 6–14 months |
| Industrial Design | $60 | $240 | $300 | 6–12 months |
| Geographical Indication & Collective Marks | $45 | $320 | $365 | 18–30 months |
| Trade Secret & Confidentiality Programme | $0 | $290 | $290 | 2–4 weeks to implement |
Indicative single-class / single-application rates in USD. Your live quote confirms the exact amount before payment.
Who can file & on what basis
- Direct national application (TM-A)
- Madrid Protocol designation of India
- Convention priority within 6 months
Local agent: Mandatory for applicants without a principal place of business in India.
What we need from you
Requirements
- Registered Indian agent and address for service for foreign applicants
- Signed Power of Attorney (Form TM-48)
- Udyam/startup certificate to claim the reduced official fee
- Date of first use, if the mark is already in use
Documents
- Power of Attorney on the applicant's letterhead
- Logo in JPEG for device marks
- Proof of use — invoices, packaging, advertising — where a use date is claimed
- MSME / Startup India certificate for the concessional fee
Affidavits, resolutions & authorities
Executed papers this office expects — who signs them, how they must be witnessed, notarised or legalised, and the deadline for lodging them.
Power of Attorney (Form TM-48)TM-48
Authorises the Indian trade mark agent/attorney to file and prosecute. Signed by the applicant or an authorised signatory; company seal where applicable. Stamp duty of Rs.100 (state-dependent) is customary.
- Execution:
- Signed by the applicant (scan accepted)
- When:
- Filed with the application; may be uploaded within 30 days of filing
- Applies to:
- Trade Mark / Brand Name, Service Mark, Trade Name / Business Name, Geographical Indication & Collective Marks
Affidavit of use (user affidavit)
Sworn statement of the date of first use with supporting evidence annexed — invoices, advertisements, packaging, website archives. Filing a wrong or unsupported user date is a common ground for objection and later rectification.
- Execution:
- Notarised
- When:
- Mandatory whenever a use date earlier than the filing date is claimed
- Applies to:
- Trade Mark / Brand Name, Service Mark, Trade Name / Business Name, Geographical Indication & Collective Marks
Board resolution / authorisation of signatory
Certified extract of the board (or governing body) resolution naming the person authorised to sign the POA, forms and affidavits on behalf of the entity.
- Execution:
- Signed by the applicant (scan accepted)
- When:
- With the application
- Applies to:
- All IP types
Partnership authority letter + partnership deed extract
All partners must be named as applicants (or consent to one signing). Provide the deed/LLP agreement extract and a letter authorising the signing partner.
- Execution:
- Signed by the applicant (scan accepted)
- When:
- With the application
- Applies to:
- All IP types
Udyam (MSME) / DPIIT startup certificate
Individuals, startups and small enterprises pay Rs.4,500 instead of Rs.9,000 per class online. The certificate must be current on the filing date.
- Execution:
- Signed by the applicant (scan accepted)
- When:
- At filing — cannot be added later to claim the reduced fee
- Applies to:
- Trade Mark / Brand Name, Service Mark, Trade Name / Business Name, Geographical Indication & Collective Marks
Form 1 declaration of inventorship + Form 5Form 1 / Form 5
Applicant declares inventorship and the right to apply. Where the inventor is an employee, an assignment or proof of right (Form 1 endorsement) must be filed within 6 months.
- Execution:
- Signed by the applicant (scan accepted)
- When:
- Form 1 at filing; Form 5 with the complete specification
- Applies to:
- Patent, Utility Model / Petty Patent
Deed of assignment / proof of right from the inventor
Where the applicant is not the inventor, an executed assignment (or employment-based proof of right) transferring the invention to the applicant.
- Execution:
- Notarised
- When:
- Within 6 months of filing
- Applies to:
- Patent, Utility Model / Petty Patent
Form 3 statement & undertaking on foreign applicationsForm 3
Ongoing disclosure of corresponding applications filed outside India. Missing updates are a live revocation risk under s.8.
- Execution:
- Signed by the applicant (scan accepted)
- When:
- At filing and then every 6 months until grant
- Applies to:
- Patent, Utility Model / Petty Patent
No-objection certificate (NOC) from author / existing owner
Where the applicant is not the author, an NOC or deed of assignment signed by the author. For artistic works used as a mark, an NOC from the trade mark owner is also required.
- Execution:
- Notarised
- When:
- With the copyright application
- Applies to:
- Copyright
Declaration of novelty + representation sheets
Statement of novelty printed on the representation sheets, signed and dated, with views on A4 sheets in duplicate.
- Execution:
- Signed by the applicant (scan accepted)
- When:
- With the application
- Applies to:
- Industrial Design
Certified priority document + verified translation
Certified copy of the earlier foreign application when convention priority is claimed, with an English translation verified as accurate.
- Execution:
- Signed by the applicant (scan accepted)
- When:
- Within 3 months of the request (trade marks) / 3 months (patents)
- Applies to:
- All IP types
Address for service in India
Foreign applicants must give an Indian address for service — supplied by our appointed Indian agent.
- Execution:
- Signed by the applicant (scan accepted)
- When:
- At filing
- Applies to:
- All IP types
Formality requirements change and are applied at each registry's discretion. This checklist is preparation guidance, not legal advice — your appointed local agent confirms the final list before filing.
How the filing runs
- 1
Clearance
Public search of the IP India register plus a company/LLP name check.
- 2
Filing
TM-A filed electronically; application number issued immediately and the ™ symbol may be used.
- 3
Examination
Examination report in 3–8 months; a written reply is due within 30 days.
- 4
Show-cause hearing
Where objections persist, an oral hearing is scheduled before the Registrar.
- 5
Publication & registration
Published in the Trade Marks Journal for 4 months, then registered.
Use, renewal & status tracking
Use requirement
Registration may be cancelled for 5 years and 3 months of continuous non-use.
Registry status sync
No public API. Ascen Mark's Indian agent posts verified status updates into your timeline.
Common pitfalls
- Claiming an early use date without invoices to back it invites objections
- Missing the 30-day examination reply deadline abandons the application
- The concessional fee is lost if the startup certificate is not filed up front
Ready to file in India?
Run a free name check first, or start a filing with a fixed quote.
This guide is general information about India procedure, not legal advice. Official source: https://ipindia.gov.in