Trademark in India, India Trademark
TRADEMARK IN INDIA
– Stage 1: TRADEMARK SEARCH IN INDIA
| Scope of work: Trademark 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 Trademark Application | FEE
($US) |
| For the 1st class | 390.00 |
| For the 2nd class | 300.00 |
| Duration | 24 months |
– Stage 3: TRADEMARK REGISTRATION CERTIFICATE IN INDIA
| Scope of work: Filing Trademark Application | FEE
($US) |
| For the 1st class | 0.00 |
| For the 2nd class | 0.00 |
| Duration | 1-2 months |
* Note: Our Fee for Trademark 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 Trademark Registration.
You could visit here to check the required documents of filing trademark in India
Contact AAA IPRIGHT: Email: info@aaaipright.com
Or sending your inquiry by filling the form:
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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.
