Trade Mark Filing India, Trademark Filing in India, Trademark Filing India, Trademark Law Firm India

Trademark law in India

Indian Trademark Law has been codified in conformity with the International Trademark Law. It is possible to file applications in all 45 classes as per NICE classification in India. It is possible to file multi class application as well as series applications in India. Trademark Application can be filed in respect of shape of goods, packaging or combination of colours, sound marks. Beside ordinary Trademark Application it is possible to file application for collective and certification trademark in India. Further, India has also signed Madrid Protocol that will allow Foreign Applicants to file an International Application designating India (It has been passed in both houses of Parliament and would come into effect once notification is issued in this regard).

Trade Mark Search

To avoid potential objections and/or oppositions, it is desirable to conduct a prelimnary Trade Mark search to ascertain existence of any prior existence/ registrations of identical or similar marks. The register of Trademarks is available online now and it is possible to make word, phonetic as well as device search. The only drawback is that new applications are updated after only 2-3 months and till then their details would not reflect in the search.

Trademark Applications in India

Trademark Applications in India can be classified under two categories depending upon their priority claim:

Ordinary trade mark application without any priority
Conventional trade mark application- has to be filed within 6 months from date of filing of conventional application.

In case of conventional trademark application, certified copy of the priority document has to be filed within 2 months from the date of filing of application in India.

Trademark offices in India

There are five trademark registries in India located at New Delhi, Ahmedabad, Mumbai, Chennai and Kolkata and depending upon territorial jurisdiction where the Applicant is located, the application has to be filed. For foreign applicant the application has to be filed before trademark registry within whose territorial jurisdiction the agent/ attorney for applicant is located.

Trademark filing requirements in India

Following are the basic requirements for filing of a trademark application in India:

Name, address, nationality and particulars of the applicant (whether individual, society, trust, partnership firms or company)
Trademark (for shape of goods 3-5 different views i.e. top, bottom, left side, right side and front view etc.)
International Class
Description of goods or services
User date in India or proposed to be used (not requried in case of certification mark)
Details of priority, if any, including application number, date of filing and country of filing
Translation and transliteration in English, if mark is not in Indian language
Power of authority has to be stamped as per Indian Stamps Act and preferably should be filed within one month from date of filing. Notarisation or legalisation is not mandatory.

Description of goods or services

Under Indian trademarks law, the specification of goods or services must be within 500 characters. In event the description exceeds 500 characters prescribed fee must be paid for each additional character along with an application to that effect. While counting the the characters "space" are not be counted.

Trademark Registration in India

Following stages are ordinarily encountered while registering a trademark in India:

Filing of trademark application in India and issuance of fee receipt with application number
Issuance of official acknowledgement ordinarily within 60 days
Issuance of Official letter with objections, if any
Replying to official letter within 1 month of receipt of examination report
Hearing, if required
Provisional acceptance of trademark application subject to advertisement in Journal for inviting oppositions
Advertisement in the Indian trademark Journal
Opposition, if any, within 3+1 months from date of publication of the application
Registration of Trademark, if no opposition if filed or is set aside
Issuance of Registration Certificate.

Express Examination of Trademark Application

Indian Trademarks law allows express examination of the trademark application on filing of additional official fee along with a declaration stating the reason for such request. As per Act, within 3 months from the date of request the Registrar shall issue an Examination report though in practice within 1 month the examination report is issued.

Advertisement of Trademark Application

After the trademark application has been provisionally accepted by the Registrar of the Trademarks, the application shall be advertised in the Indian Trademarks Journal inviting opposition from public to the trademark.

Trademark Opposition

After advertisment of the trademark in the Indian Trademarks Journal, the trade mark remains open to opposition by public for a period of 3 months, whihc is further extendable for a period of 1 month upon prior request. On filing of notice of opposition the application shall not proceed towards registration until the opposition is set aside.

Registration of Trademark

If there is no opposition against the registration of the trademark application or the opposition proceedings have been decided in favour of the Applicant, the Trade Marks Registry shall accept the trademark and issue a registration certificate to that effect.

Duration of Registration and Renewal of Trademark

The duration of registration of a trademark is 10 years from the date of filing of application in India and is further renewable for every 10 years thereafter on payment of prescribed renewal fee.