INDIA

• Kinds of Trademarks registrable in INDIA

  • Following indications may be used as Trademarks in India:

    • Word marks
    • Names
    • Numbers
    • Signatures
    • Letters
    • Symbols
    • Pictures
    • Inscriptions
    • Combination of all of the above
• Requisites for a Trademark to be registrable in INDIA

  • Trademarks must contain the following essential requirements to be registrable in India:

    • Distinctiveness
    • Non-descriptiveness of the goods and / or services
    • Not be a well known term in the line of business, trade channels of the applicant
    • Not be same / similar / identical either visually and/or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in INDIA

  • Applicants should bear in mind that the following will not be registrable as Trademarks in India:

    • Trademarks which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;
    • Trademarks which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;
    • Trademarks which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade,
    • Trademarks such nature as to deceive the public or cause confusion;Trademarks which contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;
    • Trademarks which comprises or contains scandalous or obscene matter;
    • Trademarks which is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).

    If it consists exclusively of—

    • the shape of goods which results from the nature of the goods themselves; or
    • the shape of goods which is necessary to obtain a technical result; or
    • the shape which gives substantial value to the goods.

    TrademarkCopia through its associate Law Firms and Lawyers in India is at hand to help you with trademark registration and prosecution.

• Trademark Search in INDIA

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    1. A search is useful in determining the following:
    2. Conflict with existing trademarks.
    3. Confirm validity of the proposed trademark.
    4. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    5. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    6. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Trademark Office of India.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in India.

• Trademark Filing in INDIA

  • Filing is done with the Trademark office of India.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Figurative Mark as per Vienna Agreement)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in INDIA

  • Once the application is filed, a Preliminary (formality) examination regarding compliance of all the requisites is carried out along with a search for prior existing trademarks and substantive examination.

    Post examination, Registrar will decided regarding registrability of the trademark and accordingly either accept or reject registering the proposed trademark.

• Trademark Publication & Opposition in INDIA

  • Once accepted, the mark is published in the official journal.

    Within 120 days, objection if any from 3rd parties is to be lodged.

    If no opposition, or if the opposition is resolved in favour of the applicant, the mark is then registered and certificate issued.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in India can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in INDIA

  • Once the trademark is accepted for registration, the Registrar of trademarks will enter the details of the trademark onto the trademark register and the applicant will be issued with a certificate of registration.

    Trademark registration in India is valid for 10 years from the date of filing after which it can be frequently renewed for another 10 years for unlimited times.

    Rights of Trademark Owners:Trademarks may be:

    • Exclusively used by the owners of the registered trademarks.
    • Transferred in whole or in part- Inherited
    • Assigned and licensed.
    •  Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    • Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in INDIA

  • Pre Filing:Usage prior to filing of the trademark gives better benefits and advantages to the marks especially when its usage is extensive, applicant can initiate a passing off action.

    Post Filing: Failure to use the mark post registration for 5 yrs. continuously could lead to premature termination of the mark.

• Trademark Cost of Registration in INDIA
  • Assignmets	Cost US$
    Filing of Single Trademark	250
    Filing of Assignment - Per Class	300
    Filing of Renewal - Per Class	250
    Filing of Reply to Office Action - Per Class	200
    Filing of Opposition Including filing of Evidence Per Class	700
    Watch Service	100 per year