India: Trademark

Conducting a pre-launch Intellectual Property (IP) risk audit is essential for a smooth entry into the Indian market, where “first-to-file” rules and local common law nuances...

India has achieved a historic breakthrough in the development of its intellectual property system with the Trade Marks Registry accepting and granting protection to India’s first olfactory or smell trademark- a floral, rose-like aroma used on vehicle tyres, by Sumitomo Rubber Industries Ltd . in respect of Application No. 5860303. The decision is a landmark in Indian trade mark law and it broadens the very concept of what a “mark” could be under the Trade Marks Act, 1999. Traditionally, trademarks in India were confined to visual or audible elements, such as words, logos, shapes and sounds (Graphical representations).

MCA has re-issued an Advisory for stakeholders for Name Reservation and Incorporation of Company and LLP on 25.03.2026 (“Advisory”) adding further clarifications...