Malaysia Hotline: +603-2141 8908
India
trademark registration can be obtained for words, logo, numerals, slogan,
device and more. It is provides legal right of exclusivity for use of the mark
to the owner of the trademark. India trademark registration is however a long
process involving multiple steps. In this article we cover the trademark
registration process in India.
India Trademark Search
Before
beginning the trademark registration process, the entrepreneur or a trademark applicant
must conduct an India trademark search of the trademark database. An India
trademark search will provide information about identical or similar trademark
that has already been filed with the trademark registry.
India Trademark Filing
Once
a trademark search is completed, the application for India trademark
registration can be filed with the Trademark Registrar. The application for
registration of trademark must be made in the prescribed manner and filed along
with the fee for trademark registration.
Before
submit an India trademark application, must contain the following information/
documents:
·
Logo or the Trademark
·
Name and address of the trademark owner
·
Classification or Trademark Class
·
Trademark used since date
·
Description of the goods or services
India Trademark Registration Process
Upon
filing of the India trademark application, the registry will issue an
acknowledge receipt with the filing date and number allotted to the
application. The India trademark application
is then formally examined by the Indian Trade Marks Office, as to its inherent
registrability and/or any similarity with existing marks.
If
an objection to registration is raised, an official examination report will
issue. To overcome the objection, it is necessary to file a written response or
presenting evidence of acquired distinctiveness and in most cases, an
interview/hearing with the examiner is posted. The Registrar may require the
applicant to file an affidavit testifying to such user with exhibits showing
the mark as used.
If,
following examination, the trade mark application is considered allowable, a
Letter of Acceptance (TLA order) will issue, after which the trademark will be
published in the Trade Marks Journal. If there are no oppositions within 4
months from the date of advertisement in the Trade Marks Journal, then the
trademark registration certificate will issue.
India
trademark registration is a tedious process and it takes around 18-24 months to
obtain registration in a straight-forward case, without any objections or
oppositions. However, once the trademark application is filed, an India
trademark application number is allotted immediately and the priority starts
from the date of application.
Duration of India Trademark
Once
the India trademark is registered, it is valid for 10 years starts with
registration date. The registration is renewable for periods of 10 years.
Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline：603-21418908;
24 hours Hong Kong hotline：852-27837818;
24 hours Hong Kong hotline：86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP: http://www.tannet-group.net, http://en.tannet.com.my