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TRADEMARK APPLICATION FILING IN INDIA

 

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In India trademark applications are filed on the basis of statutory provisions and Rules embodied in (a) The Trademark Act, 1999 and (b) Trademark Rules, 2002. In accordance to the Act and Rules a trademark application is to be filed with the Trademark Registry in the prescribed format alongwith the prescribed fees.

 

Preliminary Aspects to be considered while applying for a trademark in India

 

1. Who can file a trademark in India?

 

Any person or an entity which claims to be proprietor of a trademark can file a trademark application in respect of desired specification of goods or services.

 

2. Trademark Search and selection of a distinctive mark

 

Prior to filing an application, it is very necessary to select a good trademark i.e. a mark which would not attract objections in future. Preliminary Trademark Search will determine similar or deceptively similar marks already in the Trademark Register.

Additionally, while selecting a trademark it must be taken into consideration that the mark does not:

• Deceive the public or cause confusion;

• Hurt the religious susceptibilities of any class or section of the citizens of India;

• Comprise of any scandalous or obscene matter;

• Attract objections under the Emblems and Names (Prevention of Improper Use) Act, 1950;

• Have any negative connotation in India;

If the proposed trademark is a foreign word, then it must be translated into English to ascertain its distinctiveness i.e. its translation in English shall not render a descriptive meaning

 

3. State of Jurisdiction of the mark

 

 While applying for the Trademark, a proprietor has to provide the trademark’s State of Jurisdiction. In case of Indian Applicants, the State of Jurisdiction/ appropriate office will be the place under whose jurisdiction the Applicant’s principal place of business falls. In case of Foreign Applicant’s the State of Jurisdiction/ appropriate office will be the place within whose jurisdiction the Applicant’s agent/ attorney is situated. The various States of Jurisdiction in India are i.e. New Delhi, West Bengal, Tamil Nadu, Maharashtra and Gujrat

 

4. Particulars to be mentioned while filing an application

 

• Name, address and nationality of the proprietor;

• Party Type i.e. proprietorship, partnership, individual, HUF, body incorporated;

• Trademark to be applied for i.e. wordmark, device mark, label, composite mark etc.

• Language of the mark;

• Translation or Transliteration of the trademark (if any);

• Class of goods or services in respect of which the trademark is to be filed;

• Specification of goods or services in respect of which the trademark is to be filed;

• User detail of the trademark i.e. Proposed to be used or used since date;

• State of Jurisdiction of the trademark/ appropriate office;

• Address of service details;

• Condition or Disclaimer with the mark (if any);

• Associated trademark (if any);

• In case the application is a priority/ conventional application then priority details of the trademark;

 

5. Documents to be filed

 

• Power of Attorney (Form TM- 48)- It is not mandatory to submit the Power of Attorney at the time of filing application. However, the duly notarized Power of Attorney is to be filed within two months from the date of filing of the application.

 

Comprehensive e-filing of Trademark:

 

The Indian Trademark Registry has recently introduced the service of comprehensive e-filing of trademarks, which enable online filing of trademarks and facilitates the entry of aforesaid particulars alongwith the uploading of requisite documents online. The portal of comprehensive e-filing of trademarks can be accessed at http://ipindiaonline.gov.in/trademarkefiling/user/frmlogin.aspx .

 

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


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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