The Comprehensive Guideline To Registering A Trademark In India
The Trade Marks Act of 1999 (“Act”) and the Trademark Rules of 2017 govern trademarks in India. The Act outlines the process for registering any mark that can graphically depict a word, device, label, number, or combination of colors, shapes, or sounds and can identify one person’s goods or services from another. To put it another way, a trademark serves as a source of identification for companies, goods, and services.
In India, any individual or organization, including overseas applicants, may submit a trademark application. When registering a trademark, the applicant must make sure it is unique and arbitrary in nature and not generic, descriptive, or widely used in relation to the goods or services it will be used for. It must stand out and not be misleadingly or confusingly similar to any other brands or trademarks already in use.
Choosing the trademark and applicable classes
It is essential to conduct a trademark search before registering a mark. This aids applicants in identifying whether any identical trademarks are already registered or have been looked after in India. In order to determine the registrability of the proposed trademark, a search on the Indian Trademarks Registry’s official website and an online search are both helpful. A search aids in identifying potential risks associated with the trademark, such as challenges for infringement or oppositions, oppositions, or challenges to objections made during or after the trademark registration.
The Indian trademarks registry search
The Trademarks Registry’s website offers three different search options: Wordmark, Vienna, and Phonetic. A Vienna code search looks for similar visual components, such as a logo, while a word mark search discovers trademarks that use the phrase searched for. A phonetic search returns results with a similar sound. Search results are limited to records in the Register and are class-specific (and are thus India-specific only).
Application for the trademark
If it is found that there are no similar trademarks, a trademark application can be submitted for the goods or services for which it is being used or is intended to be used, either physically at the relevant Trademark Registry where the applicant resides or conducts business, or online at the official website (www.ipindia.com). The Trade Marks Registry maintains offices in Mumbai, Ahmedabad, Chennai, Delhi, and Kolkata in addition to its main location. Each agency has authority over particular Indian states. Foreign individuals or businesses may also submit applications for trademark registrations in India, with the relevant Trademark Registry selected based on their Indian service address or the location of their local attorney.
Specifications of the goods or services, whether the trademark is being used, the applicant’s name and address, and other information are needed when filing documents. The Registry assigns a date of filing and an application number to the trademark after receiving the application. After filing, the applicant may use the trademark together with a superscript indication that denotes that a trademark application has been made.
Examination
Within one to two months of filing, the Trade Marks Registry examines trademark applications and, if necessary, makes objections. Two categories of grounds are used to support objections:
- Absolute Grounds (Section 9, Trade Marks Act): e.g., distinctiveness, devoid of distinctive character, not capable of distinguishing goods or services;
- Relative Grounds (Section 11, Trade Marks Act): e.g., similarity with an earlier trademark already on the Register.
Exam report objections are brought up, and a response must be filed within a month of receiving the report. An application is deemed abandoned if no response is received in this amount of time. A hearing to determine show cause is scheduled if the Examiner raises additional concerns.
The trademark is accepted and published in the Trademarks Journal if the Examiner is convinced with the show cause hearing, the response to the objections, or if the Examiner does not make any objections at all. Weekly updates of The Journal are made on the main website. After being announced, the trademark is available to third parties for four months for the purpose of opposition.
Registering and renewing the trademarks
The trademark proceeds toward registration if no resistance is lodged by a third party within four months of the date of advertisement in the Journal. After receiving a soft copy of the registration certificate from the Registry, the applicant may use the symbol ® as a superscript with the trademark. A trademark is registered for 10 years from the application filing date and is then renewed for another ten years on payment of a fee.
Usually, the Registrar notifies the trademark holder that their trademark needs to be renewed. A trademark cannot be removed from the Register without first serving a notification. The owner of the trademark may request for restoration of the trademark with an additional charge between six months and one year after the deadline if the trademark is not renewed or payments are not paid within the allotted time. The trademark is deleted from the Trademarks Register if it is neither renewed nor reinstated.
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– You could see Procedure of Trademark in India here.
– You could visit here to see Required documents of filing trademark in India.
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