Short answer: file your trademarks in India early, either directly with the Indian Trade Marks Registry (INR 9,000, about USD 94, per class for a US company) or by designating India through the Madrid Protocol (CHF 83 per class). An unopposed mark typically registers in 8 to 18 months. For patents, enter the Indian national phase within 31 months of your priority date and request examination within the same 31-month window.
1. Why your US rights stop at the border
Trademarks and patents are territorial. A USPTO registration or a US patent gives you no enforceable rights in India, and India does not recognize US filings automatically. The practical risks for US businesses are real:
- Brand squatting: local parties sometimes file marks that belong to foreign brands before those brands enter India, then demand payment or block the launch.
- Lost patent rights: if you miss India's national phase deadline, your invention falls into the public domain here.
- Weaker enforcement: without a registration you must rely on passing off and prove reputation in India, which is slower and costs more.
India does protect foreign marks that already have a reputation here, and courts regularly act against bad-faith filings. But a registration is by far the cheapest and strongest protection.
2. How to register a trademark in India
Trademarks are governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. The process for a US applicant:
- Clearance search. We search the Indian register and common-law use for conflicting marks. India uses the same Nice classification as the USPTO.
- File the application (Form TM-A). You can file on a "proposed to be used" basis, so there is no need to prove use in India first. A power of attorney from the US company is required; notarization is usually enough.
- Examination. The Registry examines the application, usually within a few months, and may raise objections on distinctiveness or earlier marks. We respond in writing and at a hearing if needed.
- Advertisement and opposition. Accepted marks are published in the Trade Marks Journal. Third parties have four months to oppose, and this period cannot be extended.
- Registration. If there is no opposition, the mark is registered for 10 years from the filing date, renewable every 10 years.
| Item | India | US comparison |
|---|---|---|
| Official filing fee (e-filing) | INR 9,000 per class for companies (about USD 94); INR 4,500 for individuals, startups and small businesses | USPTO base fee per class |
| Use requirement | Not needed to file or register; vulnerable to cancellation after 5 years of non-use | Use or bona fide intent, with a statement of use before registration |
| Opposition window | 4 months from advertisement, not extendable | 30 days, extendable |
| Typical time to registration | About 8 to 18 months if unopposed | About 12 to 18 months |
| Term | 10 years from filing, renewable | 10 years, with maintenance filings |
For a detailed walk-through of each stage, see our step-by-step guide to registering a trademark in India.
Well-known marks
Globally recognized US brands can ask the Registry to record their mark as "well known" (Form TM-M, official fee INR 1,00,000, about USD 1,040, with evidence of reputation). A well-known mark is protected across all classes, which helps against squatters in unrelated goods. Indian courts can also declare a mark well known in infringement proceedings.
3. Madrid Protocol or direct filing?
India has been a Madrid Protocol member since 2013, so a US company can extend its US application or registration to India through WIPO. India's designation fee is CHF 83 per class.
| Madrid designation | Direct national filing | |
|---|---|---|
| Where you file | Through the USPTO and WIPO | With the Indian Registry through Indian counsel |
| Cost | Low if you are filing in several countries at once | Official fee plus local professional fees |
| Dependence on US mark | Tied to the US base mark for 5 years (central attack risk) | Independent of your US filing |
| Specification | Limited to the US specification, which is often narrow | Can be drafted for the Indian market |
| Handling objections | You still need Indian counsel to respond | Handled locally from the start |
Madrid is efficient for broad portfolios. For a core brand or a mark you will sell heavily in India, we usually recommend a direct filing with a specification written for Indian products and services.
4. How to file a patent in India from the US
Most US applicants enter India through the Patent Cooperation Treaty (PCT) national phase. The Patents (Amendment) Rules, 2024 tightened several deadlines, so older checklists are out of date.
| Step | Deadline | Official fee (large entity, e-filing) |
|---|---|---|
| National phase entry (Form 1) | 31 months from priority date | INR 8,000 (about USD 83), plus INR 1,600 per claim over 10 and INR 800 per page over 30 |
| Request for examination (Form 18) | 31 months from priority date (for applications filed from 15 March 2024; earlier applications kept 48 months) | INR 20,000 (about USD 208) |
| Foreign filing details (Form 3) | Within 3 months of the first examination report | None |
| Response to examination report | 6 months, extendable by 3 months | Extension fee applies |
| Working statement (Form 27) | Once every 3 financial years, within 6 months of the period ending | None |
| Renewal | Annually from the third year | From INR 4,000 a year, rising over the term |
Expedited examination (INR 60,000) is available to startups, small entities and applicants who chose India as their PCT searching authority, and through Patent Prosecution Highway arrangements. A large US corporation that used the USPTO as its searching authority generally cannot use it.
Working statements are specific to India. Patentees must tell the Patent Office whether and how the invention is being worked in India. The 2024 Rules reduced this from annual to once every three financial years, but missing it can still lead to penalties.
5. Software, AI and pharma patents
Two exclusions in the Patents Act catch US applicants most often:
- Section 3(k) excludes computer programs "per se", business methods and algorithms. Software-related inventions can still be patented when claimed as a technical solution with a technical effect. The Patent Office's 2025 guidelines on computer-related inventions set out a step-by-step test, with examples for AI and machine learning.
- Section 3(d) bars patents on new forms of known substances unless they show enhanced therapeutic efficacy. The Supreme Court applied it in the Novartis (Glivec) case in 2013. Pharma claims drafted for the USPTO often need restructuring for India.
We review US claim sets before national phase entry so they fit these rules from the start.
6. Enforcing your IP in India
India's courts have become an effective venue for IP owners, especially the Delhi High Court's dedicated IP Division, set up in 2022.
- Interim injunctions: courts grant urgent injunctions, often at the first hearing, against infringers and counterfeiters.
- John Doe orders: injunctions against unnamed defendants, and "dynamic" injunctions that extend to mirror websites, are well established for piracy and counterfeits.
- Customs recordal: you can record trademarks, copyrights and designs with Indian Customs to stop counterfeit imports at the border. Patents are no longer covered.
- Mediation first: commercial suits normally require pre-litigation mediation, but IP suits seeking urgent interim relief are exempt.
Before you sue, we check your registrations are in order, build evidence of your reputation in India, and look at whether a cease-and-desist letter or a marketplace takedown will solve the problem faster.
This guide is general information current as of 30 September 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Fees are official government fees at about INR 96 to USD 1 and exclude professional fees.
