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TRADEMARK APPLICATION FILING IN INDIA

 

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Ordinary and convention or priority trademark applications can be filed in India. An application for registration of the trademark is to be filed with the Intellectual Property office in the prescribed form with payment of requisite fees at the appropriate office depending upon the jurisdiction under which the proprietor uses or intends to use the mark  

 

Further details regarding filing of trademark applications can be accessed on the Indian Trademark Registry’s Website at the following link:

 

http://ipindia.nic.in/tmr_new/default.htm    

Trademark applications can also be filed online in India.


Who can apply for a Trademark Registration

A person who claims to be the proprietor of the trademark can apply for the registration of its mark in respect to goods/services. It should be filed at the appropriate office or trademark office under whose jurisdiction the principal place of the business of the applicant in India falls. In case, the applicant is doing the business outside India, then the application can be filed in the trademark office under whose jurisdiction the office of the agent is situated.
 

After filing the application, the same is then examined by the Registry, as to its inherent registrability and/or any similarity with existing marks. If any objection is raised, an official examination report will be issued by Registry. To overcome the objection, it is necessary to file a response to examination report along with the supporting documents showing the marks as used.

If, following examination, the trademark application is considered allowable, acceptance order is issued, and thereafter the trademark is published in the trademarks Journal. If there are no oppositions filed within 4 months from the date of advertisement in the Trademarks Journal, then the trademark registration certificate is issued.

Trademark registration is a long process and it takes around 18-24 months to obtain registration in case no opposition is filed by a third party.

 

Duration of Registration

Once the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed for a further period of ten years from the date of expiration of registration or of the last renewal of the registration.

For more information on Trademark Filing in India please write to us at: info@ssrana.com

 
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