Trademark Registration in India

A trademark attorney will usually process a trademark registration in India by undertaking the following steps:

STEP 1:

Trademark’s Comprehensive Study:

Before filing for trademark registration in India, it is important to assess all probable obstacles that could come in the way of the registration process. This Comprehensive Study of the trademark helps in making a list of all comparable trademarks, either graphically or phonetically, that might conflict with the one selected by you. It will also provide a professional opinion of an attorney regarding various registration possibilities.

STEP 2:

Request Of Trademark Registration:

The next step is that an attorney files your particular trademark registration in India and conducts all required steps and tasks in the Trademark Office for getting registration approval. After the trademark is filed, we send the filing report comprising of the application number, date, and a scanned copy of the complete application.

Will I Have Any Right After Having A Registered Trademark In India?

Registering is not a mandate to get rights to a trademark. Previous use is sufficient to create ownership for a trademark. India follows the “first to use” rule.

Can Someone Oppose A Trademark Application?

Yes, it can be opposed on the basis of the following:

Proprietary Rights
The Trademark is Descriptive
The Trademark is not unique/distinctive
The Trademark is deceptive or misleading
Breach of some copyright
Rights of notorious or popular mark
Registration in the name of the other representative or agent of the proprietor of the mark
Rights of various trade names
Registered design rights
The Trademark is against any public policy or some morality principles
The Trademark is generic

If I Get Trademark Registration In India, Will Any Rights Get Established?

Yes, the following rights get established by registration:

The exclusive right for using your registered trademark
The right for applying for seizure by customs officials for importation of any counterfeit goods
The right to sue in case of any infringement against similar looking third-party trademark usage
The right to license some other third parties for using the trademark

Trademark FAQs

Registering is not a mandate to get rights to a trademark. Previous use is sufficient to create ownership for a trademark. India follows the “first to use” rule.

Do I Need To File My Trademark In The Local Characters?

Yes, it is recommended to register your trademark in local characters to get a stronger and broader protection in India.

In case the trademark is registered just in the original version or Latin characters, then the protection is not valid on its equivalent local language. This means that some third party can use the same trademark (or even similar) in local characters.

Trademark registration in India and its use in local characters also brings commercial benefits. Indian public recognizes your brand easily if they can read and pronounce the mark correctly.

Is There Any Timeline Or The Approval Of Trademark Registration?

The average timeline for approval of the registration is 24 months, provided no objections or oppositions happen.

What Are The Various Kinds Of Trademarks Permitted To Be Registered In India?

Words
Names (however, personal names are not permitted)
Devices
Some three-dimensional shapes
Colours
Sounds
Slogans
Trade outfit/get-up
Holograms
Collective Trademarks
Certification Trademarks
Popular Trademarks
Service Trademarks

Which Kind Of Trademarks Are Not Registrable?

Marks opposing moral standards or some public order
General Terms
Names, Symbols Or Flags Of States, Countries, Or Of Global Organizations
Trademarks without acquired uniqueness
Trademarks that work principally as surnames
Trademarks that work basically as geographic location names

Post The Trademark Registration In India, For How Many Years Is It Valid?

The initial term of a trademark registration is 10 years (calculated from the application date).

When Will I Have To Renew My Trademark?

Subsequent renewals last for 10 years starting from the registration renewal date.

What Would Be The Renewal Date For A Trademark?

The first renewal date of a trademark registration in India is 10 years counted from the date on which the application was filed.

What Documentation Is Needed While Renewing A Trademark?

The following documentation is needed during renewal:

A Power of Attorney
A Request may be raised by the Registry to submit:
- An Original Registration Certificate
- Proof of the prior Renewal Copy or the Renewal Certificate
- A Journal notification about the Previous Renewal

Do I Get A Grace Period After My Trademark Expires?

Yes, the grace period after the expiry of the renewal date is 12 months.

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