India Trademark Registration

India trademark registration can be obtained for words, logo, numerals, slogan, device and more. It is provides legal right of exclusivity for use of the mark to the owner of the trademark. India trademark registration is however a long process involving multiple steps. In this article we cover the trademark registration process in India.

 

Indian flag

India Trademark Search

Before beginning the trademark registration process, the entrepreneur or a trademark applicant must conduct an India trademark search of the trademark database. An India trademark search will provide information about identical or similar trademark that has already been filed with the trademark registry.

 

India Trademark Filing

Once a trademark search is completed, the application for India trademark registration can be filed with the Trademark Registrar. The application for registration of trademark must be made in the prescribed manner and filed along with the fee for trademark registration.

 

Before submit an India trademark application, must contain the following information/ documents:

  • Logo or the Trademark
  • Name and address of the trademark owner
  • Classification or Trademark Class
  • Trademark used since date
  • Description of the goods or services

 

India Trademark Registration Process

Upon filing of the India trademark application, the registry will issue an acknowledge receipt with the filing date and number allotted to the application.  The India trademark application is then formally examined by the Indian Trade Marks Office, as to its inherent registrability and/or any similarity with existing marks.

 

If an objection to registration is raised, an official examination report will issue. To overcome the objection, it is necessary to file a written response or presenting evidence of acquired distinctiveness and in most cases, an interview/hearing with the examiner is posted. The Registrar may require the applicant to file an affidavit testifying to such user with exhibits showing the mark as used.

 

If, following examination, the trade mark application is considered allowable, a Letter of Acceptance (TLA order) will issue, after which the trademark will be published in the Trade Marks Journal. If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate will issue.

 

India trademark registration is a tedious process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, once the trademark application is filed, an India trademark application number is allotted immediately and the priority starts from the date of application.
 

Duration of India Trademark

Once the India trademark is registered, it is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

 

Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline603-21418908;
24 hours Hong Kong hotline852-27837818;
24 hours Hong Kong hotline86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP: http://www.tannet-group.nethttp://en.tannet.com.my