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TM:India
Information for Trademark ​I​n​d​i​a​​: Registration, Renewal, Litigation and other related issues. Local lawyers.
(Countries: India)

Latest update: 2012.06.12 05:20:34 | Main author: Senthil Kumar | Latest author: Olga Yevetska

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NEWS sites on India and Trademarks India

Trademark System in India

What is the law that regulates trademarks in India?

Indian Trademark Act 1999

What is the Office in charge of trademarks in India?

Controller General of Patents, Designs Trade Marks (CGPDTM)

Is India part of the Paris Convention Priority Right?

Yes

Does international application based on the Madrid Agreement exist in India?

No

Has India signed the WTO Agreement for Trademarks?

 

How are Trademark rights claimed in India?

  • Use in the marketplace
  • Through registration of the mark with the trademarks office
  • Both

 

What types of trademarks are recognised by the law of India?

  • Collective mark
  • 3D Trademark
  • Slogan mark
  • Trade name
  • Associated mark
  • Defensive mark
  • Famous mark
  • Certification mark
  • Color mark
  • Sound mark
  • Series mark
  • Trade dress
  • Scent mark
  • Taste mark
  • Tactile mark
  • Other special mark

 

Does a Trademark have single or multiple classes in India?

  • A trademark can have single or multiple classes

How are goods classified for Trademark purpose, by international or local classification? How many classes are there?

International Classification. Total 45 Classes, 34 Products/goods, 11 services

Trademark search in India

How are Trademarks searches are performed in India?

Trademark Search can be performed at following website.

https://www.ipindiaonline.gov.in/etmr/publicSearch/searchmain.aspx

How long does a Trademark search in India take and what are the aspects analyzed?

 It can be made online, word search as well as figurative search both could be made in India. The search has to be made for each class seperately.

What are the Trademark search fees and costs?

 No fee, it is free, However, there may be Attorney's charges for opining as to Trademark.

Trademark application and registration in India

How long does a Trademark registration last for?

 10 Years

Is there substantive examination in India? How does it work?

 Yes, the application is examined for conflicting marks, as well as absolute grounds for refusal (laudatory, descriptive marks)

What are the requirements (including documents) to register a trademark in India?

  • Power of Attorney (if filed through Attorney)
  • Certified copy of priority document (if conventional priority is claimed)
  • English translation of priority document, if in language other than English, along with certificate of translation
  • Translation and trasnliteration of mark if it is in language other than English/ Hindi (official language of India)

 What are the application fees and associated costs?

 official fee is INR 3500 per class/ per mark; associated fee is attorney fee, stamping fee for POA etc. 

What are the registration fees and associated costs?

 No official fee for registration, associated fee could be attorney fee for services

How long does it take for the registration certificate to be issued?

12 months minimum

Are trademarks published in India? How do publications of trademarks work?

 Yes, they are published for inviting opposition from public within 3+1  months, if no opposition they are registered.

Managing Trademarks in India (renewal and others)

From which date can the trademark renewals be filed?

 6 months before expiration of registration

What are the requirements (including documents) for trademark renewal in India?

  • Original stamped Power of Attorney (if there is change in attorney or new appointment) or attested copy of earlier one
  • Attested copy of registration certificate

 What are the renewal application fees?

Govt fee is INR 5000 per mark per class, additionally there would be attornet charges for services

Is it possible for trademarks to be cancelled due to lack of use? How does it work?

 Yes, if mark is not used continously for 5 years plus 3 months immediatly preceding filing of revocation petition by third party, it can be revoked for non working

Trademark enforcement in India

What is the opposition system in India?

it can be filed within 3+1 months after publication by any person

What are the requirements to file for a trademark opposition?

It can be filed on TM-5 along with all possible grounds for opposition available under the Act, along with prescribed fee 

What are the opposition fees and costs?

Official fee is Rs. 2500; additionaly there would attorney's cost for drafting and filing

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