Trademarks: India

General Information

International Agreements : Geneva Convention, Paris Convention, TRIPS and WTO.

Classification : Nice Classification (7th Edition); Single-Class Filing
Priority under Paris Convention : Yes
Examination : Formal & Substantive examination
Publication : Yes – in the Trademark Journal after acceptance
Opposition : Yes – within 3 months as of publication date
Time Frame for Registration : 15-18 Months for smooth applications
Registration Term : 10 Years from filing Date
Renewal Term : 10 Years
Grace Period for Renewals : One year from expiration date
Use Requirement for filing : None

Cancellation : Yes - None use for 5 years make the mark vulnerable for cancellation.

Marking Requirements : None

Assignments - Must Assignments be recorded ? Yes
Can pending applications be Assigned ? Yes

Licenses - Must Licenses be recorded ? No
Can pending application be Licensed ? Yes

Filing Requirements

Trademark/Service Mark Requirements

  1. General Power of Attorney simply signed.
  2. Name & Address of the Applicant.
  3. Class(es) and the list of Goods/Services.
  4. Whether the Mark is used or proposed to be used. And if the mark is already in 
    use, the date of use and the person by whom the mark has been continuously used.

Renewal of Trademark/Service Mark Requirements

  1. General Power of Attorney simply signed.
  2. The original Registration Certificate, if being renewed for the first time. If its not 
    the first renewal, them the last Renewal certificate.

Assignment Recordal Requirements

  1. General Power of Attorney simply signed.
  2. Deed of Assignment – with or without Goodwill.
  3. Affidavit from the registered proprietor that no legal proceeding is pending 
    before the court where the proprietorship is challenged.

License Recordal Requirements

  1. Agreement in writing or a duly authenticated copy thereof entered into between 
    the registered proprietor and the proposed registered user with respect to the 
    permitted use of the Mark.
  2. The documents and correspondence if any mention in the Agreement referred to 
    in (1) above.
  3. An Affidavit by the Registered proprietor or by some person authorized to the 
    satisfaction of the registrar to act on his behalf testifying to the genuineness of the 
    documents accompanying the application and containing:
  • Particulars and statements referred to in (2) above.
  • The precise relationship between the registered proprietor and the proposed 
    registered user, if any, for instance, whether their relationship is as principal 
    and subsidiary company and whether there is common control between their 
    business.
  • A statement as to the Goods or Services in which the registered proprietor is 
    dealing together with details as to whether the Trademark which is the subject 
    of the application has been used by him in the course of Trade before the date of 
    the application and if so the amount and duration of the user.

The application must be filed within 6 months from the date of the Agreement 
referred to in (1).

Change of Name/Address Requirements

  1. The Original Registration certificate.

 

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