India clarifies pharma trade mark rules

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

India clarifies pharma trade mark rules

India has published a list of names that cannot be registered as trade marks for pharmaceutical products that should provide greater protection to drugs makers

Last week it released a list of international nonproprietary names (INNs) as declared by the World Health Organisation. It runs to more than 120 pages.

Indian law firm Khaitan & Co says that section 13 of the 1999 Trade Marks Act prevents the IP Office from registering commonly used and accepted names of any single chemical element/compound of a chemical substance or preparation, INNs or words deceptively similar to INNs as trade marks.

If the Registrar of Trade Marks has already registered any INNs, then they are liable to be cancelled.

The IP Office is now expected to tell examiners to examine pharmaceutical trade marks for any similarities to the list of non-proprietary names.

more from across site and SHARED ros bottom lb

More from across our site

Essenese Obhan shares his expansion plans and vision of creating a ‘one-stop shop’ for clients after Indian firms Obhan & Associates and Mason & Associates joined forces
From AI and the UPC to troublesome trademarks in China, experts name the IP trends likely to dominate 2026
Colm Murphy says he is keen to help clients navigate cross-border IP challenges in Europe
With 2025 behind us, US practitioners sit down with Managing IP to discuss the major IP moments from the year and what to expect in 2026
Large-scale transatlantic mergers will give US entities a strong foothold at the UPC, and could spark further fragmentation of European patent practices
This year’s most-read stories covered uncertainty at the USPTO, a potential boycott of a major international IP conference, rankings releases, and a contempt of court proceeding
The parties have agreed on a court-guided settlement covering Pantech’s entire SEP portfolio, marking a global first
The introduction of Canada’s patent term adjustment has left practitioners sceptical about its value, with high fees and limited eligibility meaning SMEs could lose out
With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
Gift this article