Trademarks

Intellectual Property (IP) in India: A Decade of Progress Part 1

Summary

This post presents trademark statistics in India over the past decade, drawing on national and WIPO data. It analyses the steady rise in trademark applications and registrations, underscoring India's emergence as a key market for brand protection. The post highlights a shift in global trademark filing trends towards emerging economies, with India now among the top countries. It also outlines the increasing importance of registration for brands entering the Indian market, noting the significance of protection under both registered and unregistered trademarks. The data reflects sectoral shifts, with service classes and technology goods leading in trademark demand.

Overview

This article presents trademark statistics for India over the decade from 2003–04 to 2013–14, drawing on data from the Indian Patent Office and the World Intellectual Property Organization (WIPO).

Global Context

Trademark applications are filed to register a trademark with a national or regional intellectual property office. A 2011 report identified the five countries filing the most trademarks as China, the USA, India, Brazil, and South Korea. The statistics revealed a significant shift in the preferences of multinational brand owners towards emerging markets. This was evidenced by the change in the composition of the top ten countries with the highest number of published trademarks between 2012 and 2013: the 2013 list was led by China, and the positions previously held by the United Kingdom, Germany, and Canada were replaced by India, Mexico, and Taiwan.

India as a Trademark Environment

India has emerged as a fast-growing trademark environment, attracting brand owners from around the world drawn to the opportunities in its rapidly expanding marketplace. Since India follows a common law legal system, unregistered trademarks may be entitled to protection. Nevertheless, trademark registration remains a critical priority for any brand considering entering the Indian market.

Application and Registration Trends

In India, during 2004–05, a total of 78,996 applications were filed; by 2008–09, that number had risen to 130,172. The most substantial increase occurred in 2007–08, when applications rose by more than 20,000 over the previous year — a nearly 20% increase in one year alone. Registrations have also risen correspondingly, from less than 57% of applications (45,015) in 2004–05 to nearly 79% of applications in 2008–09.

In 2012–13, 194,216 applications were filed, representing an increase of approximately 5.79% over the previous year. In 2013–14, 2,00,005 trademark applications were filed and 67,876 applications were granted registration.

According to a WIPO report, service class trademarks associated with advertising, business management, and administration have continued to be the most sought-after category over the decade. They are followed by marks covering goods in categories such as clothing, scientific and photographic instruments, measuring and recording equipment, and computers and software.

Trademark Applications and Registrations in India: 2003–04 to 2013–14

Year Trademark Applications Filed Trademark Applications Registered
2003–04 94,120 11,190
2004–05 92,251 39,762
2005–06 85,699 184,325
2006–07 103,419 109,361
2007–08 123,514 100,857
2008–09 130,172 102,257
2009–10 141,943 67,490
2010–11 179,317 115,472
2011–12 183,588 51,735
2012–13 194,216 44,361
2013–14 200,005 67,876

Disclaimer

This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.