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Trademark

Patent

Design Patent

Copyright

Domain Names

Custom Laws

USPTO : Patent Search

Trademark -Passing Off

The registration procedure in India is based on the 'first to file' system. It is therefore important that the rights holder apply for the registration of its mark as soon as possible. The registration of a trademark in India typically takes about 2 to 3 years, subject to the trademark not being opposed by a third party. The Office of the Controller General of Patents, Trade Marks, Industrial Designs and Geographical Indications is the appropriate office for filing of a trademark application in India. This office has branches in Mumbai, Delhi, Chennai, Ahmedabad and Kolkata. A trademark application may be filed in any of these offices based on the territorial jurisdiction. The different steps that are involved in the registration process in India are as follows:

Preparing and Filing application

Filing of trademark in India would require the following information:
  1. Power of Attorney appointing a trademark agent/attorney.
  2. Name and description of the proprietor.
  3. Address of principal place of business.
  4. Description of the goods and services associated with the mark.
  5. A copy of the trademark in order to enable them to fill the form. Copies of all the forms are available at http://ipindia.nic.in/tmr_new/first_schedule_forms/the_first_schedule.htm. The application should be filled in either English or Hindi and should be filed at the appropriate office of the Trade Marks Registry.
  6. India being a signatory to the Paris convention recognizes foreign priority. An Applicant can accordingly claim priority from an application that might have been filed in another signatory country provided that the application in India is filed within 6 months of the filing of that application.

Review by the Trade Marks Office

After the application has been filed, the Trade Marks Office reviews it to ensure that it is complete in all respects and thereafter allots an application number to the applications. If the trademark is registered, the application number becomes the registration number.

Approval and Publication

During the process of examination the Trade Marks Office determines if the trademark is barred for registration either under absolute grounds for refusal and/or relative grounds for refusal as prescribed in The Trade Marks Act, 1999. Accordingly, they issue an examination report and the Applicant must respond to the objections that have been raised in the examination report within a period of one month from the issuance of the examination report. Thereafter and based on the response to the examination report that has been filed by the Applicant, the Registrar of Trade Marks determines if the application should be refused, accepted for advertisement, accepted subject to certain limitations or put up for a "show cause" hearing, during which the application might be accepted, rejected or accepted subject to certain limitations. Should the application be rejected the Applicant can approach the Intellectual Property Appellate Board to appeal the order of the Registrar of Trade Marks.

Registration

Within 3 months from the date of publication of the trademark in the Trade Marks Journal, should the trademark not be opposed by a third party, it will proceed for registration and the Trade Marks Registry will accordingly issue a registration certificate.

Term of Trademark Registration

Trademark protection in India is perpetual subject to renewal of the registration after every 10 years. The application for renewal can be filed 6 months before the expiry of the validity period of the trademark.
Trademark
Enforcement & Remedies
Passing Off
How to register
What not to register
What to consider
Patent
Enforcement & Remedies
Ancilliary Work
Compulsory Licenses
How to register
What not to register
What to consider
Design Patent
Enforcement & Remedies
How to register
What to register
Copyright
Enforcement & Remedies
How to register
What to register
Domain Names
Enforcement & Remedies
How to register
What to consider
Custom Laws
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