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  • India Trademark Registration
  • Author Date Time:2010-03-30 08:44:33
  • Introduction

    In India the legal basis is the Trademark Act of 1999. The Indian Trademark law follows the principles of “common law”. Trademark protection is obtained by registration. An unregistered trademark may be protected due to prior use in which case an action for passing off may be initiated.     

     

    Registration Requirements

    1, A copy of the business certificate (Applicants should be a company) or ID (passport) copy (applicants is individual) of the applicant.

    2, Logo

    3, Chose registration classifies.

     

    Registration Procedure

    1, Trademark Search

    Before registration a trademark, it is better to find out whether it is available for use it. Third parties may have older rights entitling them to object to your use and registration. The holder of an older right may take (legal) action against the use of your new name or trademark. Depending on the circumstances, you may have to stop using the name or the trademark. Such conflicts may well turn out to be very costly. Preliminary searches informing you of potential objections before your introduction of the new name or the new trademark are your best safeguard against later unpleasant surprises.

    2, Trademark application

    The application process includes a formal examination, which is based on distinctiveness, identity/similarity with prior pending marks or registered marks in the records of the Indian Trademark Office. It takes approximately 6-12 months from first filing to examination and acceptance of application for publication. After the mark is accepted for publication, the same is published in the Indian Trademark Journal for third party Opposition. The time limit for third party Opposition is 4 months from the date of publication. Incase no Opposition is filed within the statutory period in the published mark, then the same is entitled to be registered. Note that Indian Trademark Office allows 500 characters (alphabets with spaces) of goods and services under the prescribed statutory fee. If the number of characters exceed the limit prescribed, then the applicant is liable to be pay additional fee which is about Euro 1 for every 4 characters.

     

    Application Time

    Notice of acceptance: one month. The trade mark can be marked “TM” to use it.

    Approve license: 6-12 months. The trade mark can be marked “R” to use it.

     

    Duration

    A trademark registration in India is valid for 10 years, which is counted from the date of filing of the application, notwithstanding when the mark is registered. Thus if the date of filing is January 1, 2010 and the mark is registered on December 1, 2012, the validity shall be counted from January 1, 2010 and shall remain in force until December 31, 2020. The mark must be renewed on or before December 31, 2020 or within 6 months period thereafter on payment of penalty and late fee.

     

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