India recognises only a single priority date for a trademark application — and refuses partial priority claims. For International Registrations (IRs) that designate India off a multi-priority base, that strictness is a common cause of provisional refusals.
The rule: one priority per application
Under Rule 24 of the Trade Marks Rules, 2017, “only a single priority shall be claimed in respect of all the goods or services mentioned in the application.” Where an IR covers multiple classes with different priority dates, India will recognise only the earliest date — and will disallow priority for goods or services not covered in the basic application.
No partial priority
Many jurisdictions allow partial priority — claiming the earlier date for the goods that were in the first filing, and a later date for goods added afterwards. India does not. It insists that priority be claimed for all goods within a class as defined in the original application. Practically, that means an applicant cannot add new goods or services while claiming priority; the choice is to either:
- delete the added goods/services, or
- waive the priority claim entirely.
Why it matters for IR applicants
An IR designating India, built on a base application with multiple or partial priorities, is a recipe for a provisional refusal and prosecution delay. The safe course:
- Avoid multiple or partial priority claims when designating India.
- Align the Indian designation with a single, consistent priority and the goods actually in the basic application.
- Where the portfolio genuinely has different priority dates, consider separate filings rather than forcing them into one Indian designation.
Frequently asked questions
How many priority dates can a trademark application claim in India? Only one. Under Rule 24, a single priority is claimed for all goods or services in the application.
Does India allow partial priority claims? No. Priority must be claimed for all goods within a class as in the original application; you cannot claim the earlier date for only some goods.
What happens if my IR has multiple priorities and designates India? India recognises only the earliest date and disallows priority for goods not in the basic application, often triggering a provisional refusal.
How do I avoid a refusal? Designate India with a single priority aligned to the basic application, and avoid adding goods/services under a priority claim — delete them or waive priority.
Useful official resources
- The Trade Marks Act, 1999
- WIPO — Madrid System