Trademark Registration in India often feature in the news for the slow progress of cases, loss of files and mass abandonment of applications. However, this has begun to change and in the last few years the trademarks registry has taken effective measures to streamline the prosecution process. The newly implemented online application system for trademark registration in India has led to fewer errors in the records and has made life simpler for trade mark practitioners and owners. The registry has also simplified the filing process for applicants, and reduced the number of forms from 75 to only 8.
India is a First to Use country.
(whomever first USES a particular trade mark gets the rights)
Trademark Registration in India
What Types of Trade Marks can be registered in India?
A trade mark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these.
Product marks, shape marks, collective marks, certification marks, pattern marks and sound marks.
Applicants are required to have an address for service in India. (that is why it is recommended to appoint a trade mark agent.)
A search will indicate whether there are any marks identical or deceptively similar to your trade mark in India. Registrations of company names, business names or domain names do not provide ownership or a monopoly right in a name as do trade mark registrations.
Trade marks may be sold, licensed or assigned.
Approximate Registration Time Table:
The average timeframe that it takes for a mark to be registered is under 1 year. The registry has regularly examined and approved applications within one month of filing.
(When the applicant seeks registration for more than one class). India follows the Nice Classification with regard to goods and services, and multi-class applications are permitted.
India Trademark Filing Requirements
Representation of the trade mark.
A list of goods and services.
The applicant (s) details.
Signed Power of Attorney. It is recommended to provide the Power of Attorney simultaneously with the filing of the application (legalisation or notarisation of the Power of Attorney in India is not required.)
India Trademark Duration
Once the trade mark is registered in India, it is valid for a period of 10 years from the date of application. The registration may be renewed indefinitely as long as the renewal fees are paid every 10 years. Registered marks may be cancelled on the grounds of non-use if they have not been used in India for a continuous period of 5 years.
Indian Patent Office
The Office for patents, designs and trademarks in India is generally known as the Indian Patent Office. The office is an agency under the Department for Promotion of Industry and Internal Trade which administers the Indian law of patents, designs and trademarks. The Controller General who supervises the administration of the Patents Act, the Designs Act, and the Trade Marks Act, also advises the Government on matters relating to these subjects. O.P. Gupta is the current CG and took charge on 16 November 2015. Under the office of CGPDTM, a Geographical Indications Registry has been established in Chennai to administer the Geographical Indications of Goods (Registration and Protection) Act, 1999. The Indian Patent Office is headquartered at Kolkata with branches in Chennai, New Delhi and Mumbai. The office of the Patent Information System and National Institute for Intellectual Property Management is at Nagpur.