PATENT IN India, India Patent
PATENT IN INDIA
– Stage 1: PATENT SEARCH IN INDIA
| Scope of work: PATENT SEARCH | Word Mark
($US) |
Device (logo) And/Or Word Mark
($US) |
| For the 1st class | 100.00 | 130.00 |
| For the 2nd class | 80.00 | 110.00 |
| Duration | 5-7 days | 5-7 days |
– Stage 2: TRADE FILING IN INDIA
| Scope of work: Filing Patent Application | FEE
($US) |
| For the 1st class | 390.00 |
| For the 2nd class | 300.00 |
| Duration | 24 months |
– Stage 3: Patent REGISTRATION CERTIFICATE IN INDIA
| Scope of work: Filing Patent Application | FEE
($US) |
| For the 1st class | 0.00 |
| For the 2nd class | 0.00 |
| Duration | 1-2 months |
* Note: Our Fee for PATENT IN INDIA includes all fees (official fee and legal fee); exclude fee for responding to office action, if any.
You could visit here to see Procedure of India Patent Registration.
You could visit here to check the required documents of filing PATENT IN India
Contact AAA IPRIGHT: Email: [email protected]
Or sending your inquiry by filling the form:
Required documents for Trademark renewal in India
Once registered, a trademark application must be renewed every ten years, or the trademark will be deleted from the Register of Trademarks. A trademark renewal application must be made using Form TM-R and the stipulated fee of INR 9000 per class within one (1) year after the expiry of its registration. Failure to submit the required fee with the Form TM-R may result in the trademark being removed from the Register.If no application for renewal of a trademark is [...]
India Strengthens Patent System with New Rules: A Closer Look
In a significant development for India’s intellectual property landscape, the Patents (Amendment) Rules, 2023, which were circulated for discussions and consultations with stakeholders on August 23, 2023, have now been formally notified on March 15, 2024. Coinciding with this notification is the notable achievement of the Indian Patent Office (IPO) granting a remarkable 100,000 patents in the current financial year. This convergence underscores a pivotal moment in India’s patent regime, heralding advancements aimed at fortifying the nation’s innovation ecosystem. The [...]
The procedure of trademark renewal in India
In India, trademarks are initially registered for 10 years and must be renewed after that. The application for trademark renewal must be filed within one year of the registered trademark’s expiration date. Before the last registration of a trademark expires, the owner of a registered trademark should get a notice from the Trademark Registrar’s office advising him/her of the imminent expiry and the conditions for fee payment. If the owner fails to renew the trademark before it expires, the Registrar [...]
India initiates Special drive program to dispose old pending trademark applications
India’s Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) has announced a Special Drive for Old Pending TM Applications, scheduled from April 8 to April 25, 2024. The aim is to expedite the disposal of longstanding trademark applications that have been awaiting show cause hearings, particularly those with outdated service or email addresses. Applicants and their representatives are urged to attend physical hearings at their respective Trademarks Registry branch offices during the specified dates, bringing along [...]
India opens new communication platform Helpdesk Portal between the agency and applicants
India’s Office of the Controller General of Patents, Designs, and Trade Marks has introduced the Open House Helpdesk Portal in February 2024, aiming to centralize communication regarding intellectual property (IP) matters for applicants and stakeholders. This portal aims to facilitate the resolution of issues related to patents, copyrights, designs, trademarks, geographical indications, and semiconductor integrated circuit layout designs efficiently and promptly. Key features include a ticketing and notification system, enabling users to track and communicate about the progress of their concerns [...]
India reaffirms its strength on the protection of AI-generated works
The Indian Ministry of Commerce and Industry declared on February 9, 2024, that the existing legal framework for patents and copyrights in India is sufficient to safeguard AI-generated works and associated innovations, negating the necessity for separate rights for such creations. According to a press release from the Ministry of Commerce and Industry, India’s Copyright Act of 1957 offers effective civil measures and criminal remedies to address infringement issues, including digital circumvention. Gautam K.M., a partner at Krishnamurthy & Co in [...]
India reports a fragile music industry, highly vulnerable to copyright violations
India’s music publishing industry faces significant challenges, particularly in copyright compliance, according to a report released by EY in December 2023. While the industry has witnessed growth in revenues, reaching Rs8.84 billion (US$106.7 million) for the period of 2022 to 2023 from Rs3.4 billion (US$41 million) for 2019 to 2020, issues such as weak copyright compliance, lack of awareness of music rights, and legal ambiguities hinder its progress, resulting in a lower global revenue ranking compared to other countries. The report [...]
India recorded a remarkable increase in patents granted
In a significant achievement, the Indian Patent Office granted a record-breaking 41,010 patents during the fiscal year 2023 to 2024, as of November 15, 2023. This milestone marks the highest number of patents ever awarded in India. The trajectory of patents granted in India has shown remarkable growth over the years. The number of patents granted was 4,227 for the fiscal year 2013 to 2014, which increased to 28,385 for the fiscal year 2021 to 2022. Subsequently, it surged further [...]
Frequencly Asked Questions
The trademark registration may be recorded online on customs data, but it is not automatically mechanism.
Proof of use is required in case the applicant claim the use of the trademark. It is required to provide the Proof of use for evaluation and consideration of the protection of the trademark.
Proof of use documents may be a declaration from applicant, sample of the trademark that has been use in actual, sale figures of goods/services bearing the trademark, license agreement….
The cancellation of trademark registration in India is available. A trademark may be cancelled where:
– The registered trademark conflict with the earlier trademark;
– The trademark consists the signs are undistinguishable such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services.
– The mark that are similar or identical with the well-known trademark;
– The mark that are similar or identical with the armorial bearings, flags and other state emblems;
– The mark that are conflict with the protected industrial design or geographical indication.
– The mark is generic;
– The mark is against the public policy or morality of the social.
– The mark is used in misleading manner
The required documents for renewal a trademark in India is Power of Attorney. The original certificate of trademark registration, the proof of the previous renewal may be required by the authority competent.
Proof of use is required if the applicant claim the use. In this case, the applicant is required to provide the Proof of use at the time of filling the application. Otherwise, the Proof of use is required prior the issuance of the registration or the issuance of a notice of allowance/acceptance.
After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party.
A trade mark shall be registered for a period of 10 years from the application date
It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in India.
