Filing Requirements:
1. Power of attorney, simply signed. A general power may be used for subsequent filings.
2. Copy of priority document, if priority is claimed, notarized.
3. 8 prints of the mark for each class.
* Items 1 and 3 must be submitted at the time of filing.
* Document 2 may be submitted within 3 months from filing date.
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 2 months from publication date.
Extension Of Time:
Extension of time for oppositions/counter-oppositions is possible.
Protection Term:
Trademark registrations are valid for 7 years from filing date and are renewable for like periods of 14 years each. There is a grace period of 3 months for late renewals with payment of a surcharge.
Documents Required For Renewal:
- Power of attorney, simply signed.
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 year from filing date.
Search:
An official search can be conducted for word marks and devices. The search takes 5 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.
* Documents required:
- Power of attorney from the assignee, simply signed.
- Deed of Assignment, simply signed.
Change Of Name/Address:
* A change of name/address can be recorded for trademark applications and registrations.
* Documents required:
- Power of attorney, simply signed.
- Certificate of change of name, notarized.
- Change of address, only a power of attorney, simply signed, is required.
Licensing:
* License recordal is compulsory in order to be effective against third parties.
* Documents required:
- Power of attorney, simply signed.
- License agreement, notarized.
- Statutory declaration and statement of case, notarized.
Merger:
* A merger may be recorded for trademark registrations only.
* Documents required:
- Power of attorney, simply signed.
- Copy of certificate of merger, notarized.
Marking:
Marking is not compulsory.
Cancellation:
A trademark is subject to cancellation before the Registrar by any interested party on absolute grounds or if it was unrightfully registered.
Registration Time Frame:
The approximate time frame for completing the registration process is 36 months.
Three Dimensional Trademark Applications:
Unacceptable.