Contact Us
Trademark Search Copyright Design Free Tools Brand Name Generator Free Ebook FAQ Blog Contact Us
IP
Trademark · Copyright · Design Patent

Protect Your Intellectual Property in India and Abroad

Information, free tools and filing assistance for trademarks, copyright and designs.

IPMitra is a digital platform and information portal for intellectual property in India. Learn how trademarks, copyright and industrial designs protect different parts of your business, how protection extends abroad, explore free tools, and understand what search, filing and prosecution typically involve under Indian IP law.

3
IP Rights Covered
45
Trademark Classes
Free
TM Availability Check
Informational Platform · Official Sources
Trade Marks Act, 1999
Madrid Protocol · Berne Convention
Copyright Act, 1957
Designs Act, 2000
Find the Right Protection

Which Intellectual Property Right Protects It?

Different parts of a business are protected by different laws. Pick what you want to protect to see which right usually applies.

At a Glance

Three Intellectual Property Rights in India

Each right protects something different, is governed by its own Act and is administered by a different office.

™
Trademark

Trademark Search, Registration & Protection

Trade Marks Act, 1999 · Trade Marks Registry, IP India · 45 Nice Classes

A registered trademark gives the proprietor the exclusive right to use the mark for the goods or services it is registered for, and the right to use the ® symbol. Registration starts with a search for identical and similar marks and the correct class, followed by filing Form TM-A, examination, publication in the Trade Marks Journal and registration.

Availability Search

Checking the Trade Marks Registry for identical, phonetically similar and conceptually similar marks in the relevant class before filing.

Class Identification

Identifying the right Nice Classification class or classes for the goods and services the mark will be used for.

Application (Form TM-A)

Preparing the application with an accurate description of goods and services, user details and the representation of the mark.

Examination & Objections

Responding to examination reports raising objections under Section 9 (absolute grounds) or Section 11 (relative grounds).

Opposition

After publication in the Trade Marks Journal, third parties have four months to oppose. Notices and counter-statements follow set timelines.

Renewal

Registration is valid for 10 years and can be renewed indefinitely for further 10-year periods.

D
Industrial Design

Design Registration in India

Designs Act, 2000 · Designs Rules, 2001 · Design Office, IP India

A registered design protects the features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article — the features that appeal to and are judged solely by the eye. It protects how a product looks, not how it works. Registration gives the proprietor the exclusive right to apply the design to the article in the class it is registered for.

What can be registered

  • The design must be new or original and must not have been published or used anywhere before filing — so file before showing the product publicly.
  • It must be significantly distinguishable from known designs or combinations of known designs.
  • Purely functional features, methods of construction, trademarks and artistic works as such are not registrable as designs.
  • Articles are classified under the Locarno Classification, adopted in India in 2021.
  • Graphical user interfaces and icons have generally been refused registration as designs in India.

How design registration typically works

  1. Novelty check against published designs before filing.
  2. Application with representation sheets showing the article from different views, and a statement of novelty.
  3. Examination by the Design Office; objections, if any, are communicated.
  4. Reply to objections and a hearing, if needed.
  5. Registration and publication in the official journal.
Protection: 10 years, extendable once by 5 years — up to 15 years in total
India & Abroad

Protecting Your IP Outside India

Trademark and design rights are territorial — an Indian registration protects only in India. International treaties make it simpler to extend protection to other countries.

™

Trademarks

India is a member of the Madrid Protocol. A single international application filed through IP India, based on an Indian application or registration, can designate many member countries at once.

A trademark application filed in another Paris Convention country can claim the Indian filing date as priority if filed within 6 months.

©

Copyright

India is a member of the Berne Convention. Under the International Copyright Order, 1999, works from other member countries are protected in India, and Indian works are generally protected in member countries, without separate registration.

A registration in India still helps as evidence of ownership.

D

Designs

Design protection is sought country by country. An application filed in another convention country can claim the Indian filing date as priority if filed within 6 months.

Because novelty is lost on publication, plan foreign filings before the product is shown publicly anywhere.

How IP Works Together

One Product, Three Kinds of Protection

Most products involve more than one kind of intellectual property. Take a premium water bottle brand launched by a startup:

™
The brand name and logoTrademark, in the classes for the bottle and any app or retail services — in India and in export markets
D
The bottle's distinctive shapeIndustrial design, filed before the product is shown publicly
©
The app code, packaging art and manualsCopyright, which exists automatically and can be registered
What's Involved

What IP Filing Assistance Typically Involves

Official fees are paid directly to the relevant government office and are always separate from any professional fee for assistance.

™

Trademark

  • Availability search and report
  • Class identification
  • Form TM-A filing support
  • Objection and opposition assistance
  • International filing under the Madrid Protocol
  • Status tracking and renewal reminders
©

Copyright

  • Identifying the type of work and owner
  • Application filing support
  • Trade Marks Registry certificate for logos
  • Replies to discrepancies and objections
  • Assignment and licence documentation
D

Design

  • Novelty check against published designs
  • Locarno class identification
  • Representation sheets and novelty statement
  • Replies to examination objections
  • Filing abroad with convention priority
  • Extension of registration
This is a general description of what intellectual property filing assistance typically involves. Fees for any assistance depend on the scope of work and are always separate from the official fees set by the Government of India and paid directly to the relevant office. This information is provided for general educational purposes and does not constitute legal advice.
Enquiries

Have a Question About Your IP?

Share a few details about your brand, creative work or design. The information you request will be shared with you on WhatsApp.

  • Trademark availability and classes
  • Protection abroad through the Madrid Protocol
  • Copyright registration for content and software
  • Design registration before product launch
IP Enquiry
All fields marked * are required.
What is it about? *
+91

We collect your WhatsApp number, the name and description you enter, and the area and topic you choose, only to respond to this enquiry and send you the information you requested on WhatsApp. You can withdraw consent at any time by replying STOP on WhatsApp or emailing [email protected], and you can ask to access, correct or erase your data, or complain to the Data Protection Board of India. See our Privacy Policy.

The information you request will be sent to the WhatsApp number you provide and is for educational and informational purposes only. Submission does not constitute legal advice or create an advocate-client relationship. Information is submitted voluntarily.

Free Tools

Free Trademark Tools

Research your brand before you file, using data from official IP India sources.

By the Numbers

How Long Protection Lasts

10 Yr
Trademark, renewable indefinitely
Life + 60
Copyright in most works, in years
15 Yr
Design, 10 years + 5-year extension
From the Blog

Trademark Guides Worth Reading

Practical, fact-checked writing on filing, cost, search, and objections — grounded in current filing practice, not generic advice.

FAQ

Common Questions

What is the difference between a trademark, copyright and design?+
A trademark protects brand identifiers such as names and logos. Copyright protects original creative works such as writing, art, music, films and software code. An industrial design protects the visual appearance of a product — its shape, pattern or ornamentation. Each is governed by a separate Act in India.
How is software or an app protected in India?+
The software code is protected by copyright as a literary work, and the source code can be registered with the Copyright Office. The app's name and logo can be protected as trademarks, and screen artwork or illustrations may also be protected by copyright.
Is copyright registration mandatory in India?+
No. Copyright exists automatically when an original work is created. Registration is voluntary, but entries in the Register of Copyrights are treated as prima facie evidence of the particulars recorded, which can help if ownership is ever disputed.
I have already shown my product publicly. Can I still register its design?+
Prior publication generally means the design is no longer new, so registration may not be possible. It is generally safer to file the design application before showing the product publicly — online, at trade shows or to buyers — in India or abroad.
Can a product be protected by both a design and a trademark?+
Yes. A product's appearance can be registered as an industrial design, while its brand name and logo are protected as trademarks. In some cases a distinctive product shape can also be registered as a trademark, since the Trade Marks Act recognises the shape of goods as a mark.
Does an Indian registration protect my IP in other countries?+
Trademarks and designs are territorial, so Indian registrations protect only in India. For trademarks, the Madrid Protocol allows one international application through IP India to cover many countries. For designs, applications are filed country by country, and can claim the Indian filing date as priority if filed within 6 months. Copyright works differently: as a member of the Berne Convention, India's protection extends to works from other member countries and vice versa.
How are official fees and professional fees different?+
Official fees are set by the Government of India and paid directly to the relevant office. They depend on the type of right and the applicant category — for example, the trademark fee is ₹4,500 per class for individuals, startups and MSMEs and ₹9,000 per class for other applicants. Startups, MSMEs and individuals also receive concessional official fees for designs. Professional fees for assistance are separate and depend on the scope of work.
Chat with us on WhatsApp