Global Trademark GO in India——Introduction to Indian Trademark Application

Submitted by haili on Mon, 06/19/2023 - 15:53

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页之码IP

In 2020, China once again became India's largest trading partner. At the same time, India is also China's largest trading partner in South Asia. According to preliminary statistics from the Indian Ministry of Commerce and Industry, the total bilateral trade between India and China in 2020 reached US$77.7 billion. India’s current Trademark Law was passed on December 30, 1999, came into effect on September 15, 2003, and was revised in 2010. This law strengthens the legal protection of product trademarks and service trademarks, and makes detailed provisions on preventing the use of deceptive trademarks. In addition to the Trademark Act, India’s current trademark laws and regulations include the Trademark Implementation Rules (2002) (revised in 2017), the Geographical Indication Products (Registration and Protection) Act (1999) and the Geographical Indication Products (Registration) and Protection) Rules (2002)".

In order to meet the needs of global development, India also joined the Agreement on Trade-Related Aspects of Intellectual Property Rights on January 1, 1995, the Paris Convention for the Protection of Industrial Property on September 7, 1998, and the Paris Convention for the Protection of Industrial Property on July 8, 2013. Join the Madrid Agreement on the International Registration of Marks.

In India, any device, prototype, brand, title, label, ticket, name, signature, text, number, shape of goods, packaging and color combination with unique characteristics embodied in traditional markings or represented in words or graphics or any combination of the above, sound marks, etc., can be registered as a trademark.

1. Trademark authority

Trademark Office of India: English: Controller General of Patents, Designs and Trademarks
Website: Trade Marks | Intellectual Property India (ipindia.gov.in)
Trademark search: ipindiaservices.gov.in/tmrpublicsearch/frmmain.aspx

2. How to apply for trademark registration

electronic submission

3. Trademark registration application language

English

4. Documents required for trademark registration application

Trademark pattern
Categories based on Nice Classification 11th Edition
List of goods or services
Applicant’s name, nationality, legal status and full address
Priority details, i.e. application number, date and country (if priority is claimed)
If the mark is used or intended for use in India, then provide the details in (DD/MM/YY) format. If the mark is being used in India, an Affidavit of Use must be submitted along with the application
A certified copy of the priority document must be submitted within 2 months from the filing date. If the priority document is not in English, a certified English translation should be submitted together with the priority document
It is recommended to submit a power of attorney and patent application at the same time. The power of attorney must be signed. The power of attorney does not require certification or notarization

5. Indian trademark registration application process

The application will undergo full examination (formal and substantive examination), including search for conflicting trademarks and examination of uniqueness.

6. Documents required for trademark change

Authorization
Change information
Proof of change/transfer

7. Trademark cancellation

If a trademark is not used for five consecutive years, the trademark rights will be revoked.

8. Trademark objections

Within 4 months from the date of publication of an Indian trademark application, if the relevant third party believes that the announced trademark infringes upon its own prior rights (including prior registration rights and prior rights of use), or believes that it will affect the market Objections may be raised for reasons of order, public interest, causing confusion, misunderstanding or hurting religious sentiments, public order and good customs, etc. After the opponent files an objection, the trademark applicant needs to respond within two months of receiving the objection notice. Failure to respond will be deemed to have given up the application. Whether raising an objection or defending an objection, both parties only need to state their reasons and do not need to submit any evidence. After this stage, the case will enter the second stage, the evidence stage. After the evidence stage is over, the case will be heard at the request of both parties/any party or by the official ex officio. The hearing stage is the first time the examiner intervenes in the case. Before this, the official is only responsible for passing documents between the two parties. Hearings may occur once or multiple times depending on the circumstances of the case, such as the participation of both parties and the evidence.

9. Authorization, validity period and trademark renewal

The validity period of a registered trademark in India is ten years from the filing date and can be renewed for ten years each time without any limit. The trademark can be renewed within one year before expiration, or within 6 months after expiration (additional fees apply).

10. Average time for trademark authorization