Trademarks in India are governed by the Trade Marks Act, 1999 and administered through the Trade Marks Registry under the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM). Each year, the CGPDTM publishes a comprehensive Annual Report, offering key insights into the operational health of the trademark system. The 2023–24 Annual Report reflects both commendable progress and areas still in need of structural reform.

A Snapshot of Performance

In 2023–24, the Trade Marks Registry received 3,58,111 applications. Of these, 3,21,760 were examined, 3,35,012 published for opposition, and 2,50,805 successfully registered. In total, 3,27,415 applications were disposed of through registration, refusal, withdrawal, or abandonment. Additionally, 1,23,758 trademarks were renewed, suggesting sustained brand use and awareness among rights holders.

Despite these achievements, the delta between new filings and registrations—over 1 lakh applications—suggests room for improving procedural completeness, addressing oppositions, and reducing attrition due to abandonment.

The categories of applicants continue to be varied. Most filings are made by individuals, sole proprietorship firms, partnership firms, private limited companies, and LLPs. Indian MSMEs also continue to be active players, though much needs to be done to raise awareness among small entrepreneurs, particularly rural ones. Government ministries, public sector enterprises, and educational institutions too make filings, demonstrating wide awareness of the worth of trademarks across industries.

Filing Trends: A Decline Worth Noting

Looking at the five-year trajectory:

• 2019–20: 4,43,270 applications
• 2020–21: 4,06,257 (pandemic dip)
• 2021–22: 4,80,141 (peak recovery)
• 2022–23: 4,33,006
• 2023–24: 3,58,111

The steady decline over the last two years may point to economic headwinds, budget reallocations among businesses, or saturation in urban markets. However, the Registry’s capacity to continue examining and registering high volumes reflects institutional resilience.

Domestic vs Foreign Filers

Of the total filings, Indian applicants contributed 3,20,406 (89.5%), while foreign applicants accounted for 37,705 (10.5%). This strong domestic participation underscores growing awareness about brand protection within India. Foreign filings, though fewer, indicate India’s continued relevance as a commercial and manufacturing hub.

Geographically, Mumbai led with 89,861 applications, followed by Delhi (82,027), **Chennai (73,512), Ahmedabad (66,515), and Kolkata (25,508)—consistent with their economic significance.

Madrid Protocol: Imbalance in Use

India, being a member of the Madrid Protocol, allows applicants to seek protection in multiple countries through a single international application. In 2023–24: 17,353 international designations listed India for protection, but only 558 applications originated from India to seek protection abroad,

This imbalance indicates that although foreign players are eager to enter the Indian market, Indian businesses are yet to use international trademark systems to their fullest potential. Inviting more Indian businesses to apply internationally may contribute to making their global presence stronger. Targeted incentives and education could change this trajectory.

Digitisation and AI in Trademark Administration

Nearly all operations at the Trade Marks Registry are now digital. Applications are 100% e-filed, real-time status is publicly trackable, and virtual hearings are the norm. AI-driven tools are being piloted for classification and similarity checks, echoing trends seen in global IP offices like the USPTO and EUIPO.

These reforms are pushing the Registry toward becoming a paperless, user-friendly, and scalable system. However, the true test lies in how effectively these tools help resolve pendency and examination delays.

Pendency: Still a Bottleneck

As of March 31, 2024, the Registry reported:

• 55,181 applications pending at the examination stage
• 58,249 applications pending publication
• Over 2,00,000 cases pending post-opposition
• Total pendency across stages: 5,13,000+

While this is an improvement from prior years, the sheer backlog—particularly in post-opposition matters—remains a pain point for rights holders seeking timely enforcement.

Enforcement and Disputes

The report highlights 82,801 oppositions filed and 56,127 settled, illustrating an increasingly competitive trademark ecosystem. The sheer volume of oppositions suggests that the trademark environment is competitive and companies are vigilant in safeguarding their rights under Section 21 of the Trade Marks Act. Further, 2,615 rectification applications were filed, with 1,232 disposed of, showing that parties are using Section 57 remedies to keep the Register accurate and updated.

Trademark Renewals

Renewals are a proxy for sustained commercial use and strategic brand management. With 1,26,070 renewal applications filed and 1,23,758 approved, this year’s data reflects confidence in trademarks as long-term business assets.

Public Awareness: Room for Growth

The CGPDTM has invested in IPR awareness campaigns such as webinars, social media engagement, collaborations with universities, and incubation centers. However, awareness among rural businesses and early-stage entrepreneurs remains limited. Most MSMEs are unaware that trademarks are cost-effective tools to protect identity, gain consumer trust, and prevent misuse.

Bridging this knowledge gap will be essential for true bottom-up participation in the IP regime.

Conclusion

The 2023–24 Annual Report shows that India’s trademark regime is evolving with purpose. While the decline in filings may be cyclical, the momentum in digitisation, examination, and enforcement signals a system striving to improve. However, key challenges remain: reducing pendency, encouraging international filings by Indian businesses, and raising public awareness.

For entrepreneurs, startups, and business owners, knowing and employing the trademark system is not only about legal protection it’s about creating a brand that people know and trust. The figures in the 2023–24 report indicate that the system is poised to assist them they just need to make that first step.