Q&A Trademark in India

The trademark registration may be recorded online on customs data, but it is not automatically mechanism.

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 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

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.

India is the member of Madrid Agreement and Madrid Protocol

Any parties have the right to file opposition against an applied trademark before it has been granted the protection

India is applying “first to use” system.

The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark. The certificate of trademark registration is the evidence proving the right of the owner with the trademark.

Words, names, devices, three dimensional shapes, color, slogans, sounds, trade dress, holograms may be registered as a trademark in India.

– You could check Trademark Fee in India here

– You could visit here to see Procedure of India Trademark Registration.

– You could visit here to check the required documents of filing trademark in India

Contact AAA IPRIGHT: Email: info@aaaipright.com

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