India Gets Serious about Branding; Trademark Applications Increase 64% from 2004 – 2009 According to Thomson CompuMark Intellectual Property Rights Analysis

Special Report: “Trademarks in India” Highlights Regional Trends; Projects Continued Growth

North Quincy, MA – Brand protection in India is on the rise according to a detailed intellectual property rights analysis published today by Thomson CompuMark, a business unit of Thomson Reuters. The special report, Trademarks in India: An Emerging Marketplace at a Critical Moment, finds that Indian trademark applications increased by 64 percent from 2004 to 2009. The findings point to India’s increasing prominence as a viable commercial market for the world’s product developers and manufacturers. According to Thomson CompuMark Director, Jeroen Lallemand, “The trademark landscape in India is changing rapidly and it has become more important than ever to understand this market better.”

In addition to a detailed statistical analysis of trademark applications and registrations, the special report outlines a comprehensive history of intellectual property rights law in India. Also, leading IP experts, Jacqueline Verwerft , international business manager at Thomson CompuMark and Anuradha Salhotra, managing partner and co-founder of Lall, Lahiri & Salhotra, an intellectual property rights law firm based in Gurgaon, India, offer a practical perspective on the process of registering and searching trademarks in India as well as insight on regulatory issues, such as the Madrid Protocol.

Following are some of the key observations in the special report:

* 1.2 Billion Consumers in Search of a Brand: As one of the next great frontiers of consumer spending, India has recognized that the ability to capitalize on that trend rests squarely on companies’ ability to assert intellectual property rights in the region. In 2004-05, a total of 78,996 trademark applications were filed in India; by 2008-2009, that number had risen to 130,172. The greatest increase came in 2007-08, when applications rose by more than 20,000 over the previous year—a nearly 20% increase in one year alone.
* Pharma Industry Leading the Charge: The primary driver of India’s trademark surge has been the pharmaceutical industry, which accounted for approximately 11 percent of all Indian trademark applications in 2008-2009. Currently, India is home to the world’s second largest pharmaceutical industry by volume.
* Domestic Renaissance: 86 percent of all trademarks filed in 2008-2009 were filed by Indian firms. In fact, the number of Indian trademark applications has grown steadily—from 63,906 in 2004-2005 to 119,371 in 2008-2009, while the number of foreign applicants has declined over the same time period.
* Trademark Standards Improving: As India begins to embrace global trademark standards, the quality of filings is improving; a trend that can be seen in the rise of accepted trademarks. Less than 57% of applications (45,015) were granted in 2004-05, compared with nearly 79% of applications in 2008-09. India’s recent adoption of the Nice Classification (9th Edition) and its decision to ratify the Madrid Protocol by the end of 2010 mark significant steps forward in enabling international trademark registration in India. As these initiatives take root, it is expected that the number of foreign trademark applications will begin to increase.

The data in this report was compiled using data from the India Controller General of Patents, Designs and Trademark office and Thomson CompuMark to identify trends in trademark applications, registrations, objections and claims between 2004 and 2009.

To view the full report, Trademarks in India: An Emerging Marketplace at a Critical Moment, please click here.

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