Filing Requirements:
1. Power of attorney, legalized. A general power of attorney may be used for subsequent filings.
2. Copy of certificate of home or any foreign application or registration, legalized; or certificate of incorporation, legalized; or certificate from the chamber of commerce indicating the nature of business, legalized.
3. Copy of priority document, if priority is claimed, certified.
4. 3 prints of the mark for each application.
* All the above documents must be submitted at the time of filing.
Classification:
The International Classification of Goods and Services (9th Edition) is followed. A separate application is required for each class.
Opposition:
Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 60 days from publication date.
Extension Of Time:
Extension of time for oppositions is not possible. Extension of time for counter-oppositions or for responding to office actions is possible.
Protection Term:
Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals with payment of a surcharge.
Documents Required For Renewal:
- Power of attorney, legalized.
Use Requirements:
Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years from registration date.
Search:
An official search can be conducted for word marks, devices, and combination of both. The search takes 3 working days. A separate application is required for search in each class. The search report discloses similar and identical trademarks.
Assignment:
* Registered trademarks may be assigned with or without the goodwill of the business concerned.
* The assignment must be recorded within 3 months from effective date otherwise a surcharge is levied.
* Documents required:
- Power of attorney from the assignee, legalized.
- Deed of Assignment, signed by both parties, legalized.
Change Of Name/Address:
* A change of name/address can be recorded for trademark registrations only.
* Documents required:
- Power of attorney in the new name or address, legalized.
- Copy of Certificate of change of name/address or a letter from the owner of the trademark to this effect addressed to the Registrar.
Licensing:
* License recordal is not compulsory but advisable in order to be effective against third parties.
* Documents required:
- Power of attorney from licensee, legalized.
- Power of attorney from licensor, simply signed.
- License agreement, legalized.
Merger:
* A merger may be recorded for trademark registrations only.
* Documents required:
- Power of attorney, legalized.
- Certificate of merger, legalized.
Marking:
Marking is not compulsory.
Cancellation:
A trademark is subject to cancellation before the Court by any interested party within 5 years from registration date unless the mark was registered in bad faith, in which case, there is no time limit.
Registration Time Frame:
The approximate time frame for completing the registration process is 14 to 18 months.
Three Dimensional Trademark Applications:
Acceptable.