In India Trade mark applications are filed on the basis of statutory provisions and Rules embodied in (a) The Trade mark Act, 1999 and (b) Trade mark Rules, 2002. In accordance to the Act and Rules a Trade mark application is to be filed with the Trade mark Registry in the prescribed format along with the prescribed fees.

Who can file a Trade mark in India?

Any person or an entity which claims to be proprietor of a Trade mark can file a Trade mark application in respect of desired specification of goods or services.

What is the State of Jurisdiction of the mark?

In case of Indian Applicants, the State of Jurisdiction/ appropriate office will be the place under whose jurisdiction the Applicant’s principal place of business falls and in case of Foreign Applicant’s the State of Jurisdiction/ appropriate office will be the place within whose jurisdiction the Applicant’s agent/ attorney is situated. The five Trade Marks Registry Jurisdictions in India are as follows:-

Trade Mark Registry (Jurisdiction) 

States Covered


The State of Maharashtra, Madhya Pradesh, Chhattisgarh and Goa


The State of Gujarat and Rajasthan and Union Territories of Daman, Diu, Dadra and Nagar Haveli.


The State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand and Union Territories of Nagaland, Andaman & Nikobar Islands.


The state of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Delhi and Union Territories of Chandigarh


The state of Andhra Pradesh, Telangana, Kerala, Tamil Nadu, Karnataka and Union Territories of Pondicherry and Lakshadweep Island

What Particulars should be mentioned while filing an application?

  • Name, address and nationality of the proprietor;
  • legal Status of the proprietor i.e. proprietorship, partnership, individual, HUF, body incorporated;
  • Whether the proprietor is a manufacturer, merchant, service provider
  • Trade mark to be applied for i.e. wordmark, device mark, label, composite mark etc.
  • Language of the mark (if in any language other than English);
  • Translation or Transliteration of the Trade mark (if in any language other than English));
  • Class of goods or services in respect of which the Trade mark is to be filed;
  • Specification of goods or services as per Nice Classification in respect of which the Trade mark is to be filed;
  • User detail of the Trade mark i.e. Proposed to be used or if the mark has been commercially used then the date of first use (dd/mm/yyyy) should be filed;
  • Address for service in India details i.e. the attorney / agent address;
  • Condition or Disclaimer with the mark (if any, such as color claim, association with an earlier Trade mark, use claimed through predecessor etc);
  • Associated Trade mark (if any);
  • In case the application is a priority/ conventional application then priority details of the Trade mark;

What Documents are required to be filed?

Power of Attorney (Form TM- 48)- A Power of Attorney is required to be filed if the application is being filed by an agent / attorney on behalf of the applicant. Though it is not mandatory to submit the Power of Attorney at the time of filing application. However, the duly notarized Power of Attorney should be filed at the earliest to avoid objection from the Trade Marks Registry as well as delay in prosecution. 

  • For Comprehensive e-filing of Trade mark: The Indian Trade mark Registry has recently introduced the service of comprehensive e-filing of Trade marks, which enable online filing of Trade marks and facilitates the entry of aforesaid particulars along with the uploading of requisite documents online. The portal of comprehensive e-filing of Trade marks can be accessed at .

Further details regarding filing of Trade mark applications can be accessed on the Indian Trade mark Registry’s Website at the following link