TRADEMARK REGISTRATION IN INDIA
I. REQUIREMENT DOCUMENTS
a. Original Power of Attorney;
b. Tark to be applied for;
c. Class(es) according to the 11th edition of the Nice Classification;
d. Specification of goods or services;
e. Name, nationality, legal status and complete address of the applicant;
f. Details of priority i.e. Application Number, date and country, if priority is being claimed;
g. Details in the form of (DD/MM/YY) if the mark is being used in India or Intend-to-use. If the mark is being used in India, then an affidavit of use has to be filed along with the application.
II. GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 06 to 09 months, assuming that no Office Action is needed.
III. VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
An application for renewal must be filed within one year prior to the expiration date or in the grace period of one year succeeding the expiration date. If the application is filed within the grace period, a surcharge applies.
IV. PROCEDURE
1. Examination
Once the application for the trademark registration is made, the Registrar will search for the uniqueness of name and will check the registered marks and pending applications to ascertain whether any such marks exists and to know the register-ability of proposed mark as per the law.
In case, of objection by the registrar for acceptance of application or propose to accept the application with certain term and conditions, amendments, limitations, etc., the same is communicated in writing to the applicant and the applicant has to communicate back regarding their rectification within a period of three months.
If there is no objection against the application made, then a letter of acceptance will be issued.
2. Publication
Once the trademark registration application is accepted by the Trademark Registrar, the proposed trademark is published in the Trademark Journal.
The trademark journal is published weekly and contains all the trademarks that have been accepted by the Trademark Registrar. Once the trademark is published in the trademark journal, the public have an opportunity to object the trademark registration, if they believe they will be damaged by that registration.
If there are no objections filed within 90 days of that publication, the mark will typically be registered.
If the trademark registration application is opposed by a third-party, hearing will be called for by the Trademark Hearing Officer. Both the trademark applicant and the opposing party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application. Based on the hearings and the evidence presented, the Trademark Hearing Officer will determine if the trademark registration application should be accepted or rejected. The decision of the Trademark Hearing Officer can also be challenged by escalating to the Intellectual Property Appellate Board.
3. Registration
Once there are no objections or oppositions for the trademark registration application, the trademark manuscript and trademark registration certificate will be prepared and sent to the trademark application.
Once the trademark registration certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark.
In case you require more information or require advice on trademark in India... as well as other IP matters, please do not hesitate to contact us via:
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