Introduction to India Trademark Registration System
Official Office for Trade Mark Registration
Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM)
Joined International Treaties for Trade Marks
Paris Convention; Madrid Protocol
Principle on Trade Mark Protection
India adopts mix-principles of “first-to-file” and “first-to-file” for the trademark protection, the Trade Mark Law of India mainly protects the registered trademarks, but it is clear that protection is providing to the used but unregistered trademarks based on “passing-off”.
If an used but un-registered mark is used by someone else, a court action against the infringement can merely on the ground of “passing-off”. In such case, it is necessary to proof that the trademark is famous, and use of the infringe mark may cause confusion and/or misleading to the public.
If a registered trademark is used by someone else without authorization and/or license, the trademark owner can simply take an infringement action, and that the procedure is much simpler.
Kinds of Registrable Trade Marks
In India, the term “trademark” includes word mark, device mark, shape mark, and their combination.
In addition, there are special trademarks are enacted and protected, such as “certification mark” and “collective trademark”.
Required Information and Documents
1. Applicant’s name, address, nationality / company’s registered country;
2. Specimen of the mark to be applied;
3. List of goods/services to be applied, and the class(es);
4. Translation & transliteration of foreign language in the mark;
5. A simply signed Power of Attorney; and
6. Priority document, if any.
Timeframe and Procedure for Application
If an application goes smoothly, the whole registration procedure takes about 10-12 months.
A trademark application in India usually takes about 5-6 months for examination, if there is no any refusal, it will then publish 3 months for opposition purpose. If no opposition is filed, an electronic registration certificate will be issued within 2-3 months after the end of publication.
Duration and Renewal of Registration
A trade mark registration in India is valid for 10 years from the date of application, which can be renewed every 10 years, from 12 months before the renewal due date or up to 6 months after the date expires.
Cancellation System
If a registered trademark has not been actual used in India by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of at least 3 years, and there are no valid reasons for non-use, any third party can apply for revocation to cancel/remove the registration.
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