India Trademarks

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, certified.

3. Proof of first use of the mark in India or a declaration showing the intention of use.

4. 15 prints of the mark for each application.

* Items 1 and 3 must be submitted at the time of filing.

* Document 2 may be submitted within 6 months from filing date.

Classification:

The International Classification of Goods and Services (9th Edition) is followed. A single application may include several classes.

Opposition:

Trademark applications accepted by the Registrar are published in the Trademarks Journal. Oppositions may be filed within 3 months from publication date.

Extension Of Time:

Extension of time for oppositions/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, simply signed.
  • Copy of the certificate of registration of the mark.

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 preceding the date of filing for cancellation.

Search:

An official search may be conducted for word marks and devices. It takes approximately 12 working days for the results to be available. A single application may include several classes. 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, notarized.

Change Of Name/Address:

* A change of name/address may be recorded for trademark applications and registrations.

* Documents required:

  • Power of attorney, simply signed.
  • Certificate of change of name/address of the applicant, notarized.
  • Change of address, only a simply signed power of attorney showing the new address is required.

Licensing:

* License recordal is compulsory but advisable in order to be effective against third parties.

* Documents required:

  • Power of attorney from licensor, simply signed.
  • License agreement, notarized.

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

Registration Time Frame:

The time frame for completing the registration process is 3 to 4 years.

Three Dimensional Trademark Applications:

Acceptable.