TRADE MARK

• Trademark Law in India
Indian Trademark Law has been codified in conformity with the International Trademark Law and is about to undergo

an amendment to be at par with International Trademark Law.

India has also signed Madrid Protocol that will allow Foreign Applicants to file an International Application designating

India.

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The two main requirements of a trade mark are:

IIt must be distinctive (adapted to distinguish the goods/services of the applicant from that of others) and It must not be

deceptive. Therefore while selecting a trademark, words that are directly descriptive of the goods, common surnames

or geographical names should be avoided as these confer weaker protection to the proprietor even if registered. Prima

facie, a word having a direct reference to the character or quality of goods is not registrable. However it is registrable,

if it has acquired distinctiveness through long and continuous use. Under Indian Trademarks law more significance has

been given to “use” of the mark than “filing of application towards registration”.

• Trademark Search

To avoid objections and/or oppositions, it is desirable to conduct a Trade Mark search to ascertain existence of any prior

registrations of identical or similar marks. The register of Trademarks is available online now and it is possible to make

word, phonetic as well as device search. The only drawback is that new applications are updated after only 30-60 days

and their details are not reflected in search.

Trademark Application in India

Trademark Applications in India can be classified under two categories depending upon their priority claim:

Ordinary trade mark application without any priority

Conventional trade mark application- has to be filed within 6 months from date of filing of conventional application.
In case of conventional trademark application, certified copy of the priority document has to be filed within 2 months

from the date of filing of application in India. Besides above trademark applications, there are also certification

trademarks and collective trademarks that are registrable in India.

Trademark filing requirements in India

Specimen of the trademark for Agent
1 copy in Black and White / colour if colour claim, if provided in print form or single copy if provided soft copy vide

email For shape of goods 3-5 different views (top, bottom, left side, right side and front view)

Following are the basic requirements for filing of a trademark application in India:
Name, address, nationality and particulars of the applicant (whether individual, society, trust, partnership firms or

company)
International Class
Description of goods or services

User date in India or proposed to be used

Details of priority, if any, including application number, date of filing and country of filing

Translation and transliteration in English, if mark is not in Indian language
Description of goods or services
Under Indian trademarks law, the specification of goods or services must be within 500 characters. In event the

description exceeds 500 words prescribed fee must be paid for each additional character along with an application

to that effect.

Trademark Registration in India

Following stages are ordinarily encountered while registering a trademark in India:
Filing of trademark application in India and issuance of fee receipt with application number
Issuance of official acknowledgement ordinarily within 30 days
Issuance of Official letter with objections, if any
Replying to official letter within 1 month Hearing, if required
Provisional acceptance of trademark application subject to advertisement in Journal for inviting oppositions
Advertisement in the Indian trademark Journal
Opposition, if any, within 3+1 months from date of publication of the application
Registration of Trademark, if no opposition if filed or is set aside
Issuance of Registration Certificate.
Express Examination of Application
Indian Trademarks law allows express examination of the trademark application on filing of additional official fee

along with a declaration stating the reason for such request. Within 3 months from the date of request the Registrar

shall issue an Examination report.
Advertisement of Trademark Application
After the trademark application has been provisionally accepted by the Registrar of the Trademarks, the application

shall be advertised in the Indian Trademarks Journal inviting opposition from public to the trademark.

Trademark Opposition

After publication of the trademark in the Indian Trademarks Journal, the trade mark remains open to opposition by

public for a period of 3 months, further extendable for a period of 1 month upon prior request. On filing of notice of

opposition the application shall not proceed towards registration until the opposition is set aside

Registration of Trademark

If there is no opposition against the registration of the trademark application or the opposition proceedings have

been decided in favour of the Applicant, the Trade Marks Registry shall accept the trademark and issue a

registration certificate to that effect.

The duration of registration of a trademark is 10 years from the date of filing of application in India and is further

renewable for every 10 years thereafter