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Trademark Renewal
In India in order to maintain the validity of a trademark registration you must renew it every 10 years. The renewal process is fairly simple, you will need to provide trademark registration details and send us a power of attorney.
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Applications are handled by experienced local Trademark Attorneys to ensure that all legal requirements are met.
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If your trademark application is rejected, our Attorneys will inform you and advise you on the best course of action.
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A dedicated Account Manager will act as your point of contact for all communications.
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 Frequently Asked Questions
Trademark Registration
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Should I file my trademark in local characters?

Yes, for a broader and stronger protection in India, we recommend registering your trademark in local characters.

If the trademark is registered only in its original version (Latin characters), the protection does not always properly protect its equivalent in the local language. This means that a third party could use or register the same trademark (or a similar one) in local characters.

In additional to the legal benefits, the registration and use of the trademark in local characters can also have commercial benefits. The public in India will recognize your brand more easily if they are able to read and correctly pronounce the mark.

Registering your trademark in its original version, as well as local transliteration/translation, will provide a greater protection from any possible infringements.

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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 24 months, if no objections or oppositions arise.

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If I register my trademark in India, do I have protection in other territories?

No. The registered mark is protected only in India.

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Do I need to sign a Power of Attorney?

A power of attorney is a required to complete the application procedure.

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Are there any benefits from a pre-filing use of the trademark?

It may demonstrate the acquired distinctiveness of the mark and help overcome an opposition to the application on the grounds of non-distinctiveness.

Pre-filing use of the mark is advantageous. The first person to use a mark obtains the ownership to such mark, even if other parties subsequently register it.

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Will there be problems in case I don’t use my trademark after registration?

Yes, attack on the ground of non-use is available.

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What are the types of trademark that can be registered in India?
  • words
  • names (note: personal names are not allowed)
  • devices
  • certain three-dimensional shapes
  • colours (acquired distinctiveness must be proved)
  • slogans
  • sounds
  • trade dress/get-up
  • holograms
  • collective marks
  • certification marks
  • well-known marks
  • service marks
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What are the phases of application after a trademark has been filed in India?

The order of the application process is as follows

 

  1. Examination – The trademark is examined in respect of:
    • Formalities
    • Classification
    • Clarity
    • Descriptiveness
    • Distinctiveness
    • Deceptiveness
    • Conflict with prior registration
    • Religious susceptibilities
  2. Publication – Details about the application are posted online:
    • Mark
    • Name of applicant
    • Address of applicant
    • State or country of incorporation of applicant
    • Application number
    • Application date
    • Goods/services
    • Priority claim information
    • Dates of first use
    • Representation of trademark
  3. Registration – Official registration is granted once the application is able to pass the first and second phases and once all oppositions are overcome.
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What type of trademark is not registrable?
  • marks contrary to moral standards or public order
  • generic terms
  • names, flags or symbols of states, nations, regions, or of international organizations
  • marks without acquired distinctiveness
  • marks that function principally as surnames
  • marks that function principally as geographic location names
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Does India use the "Nice Classification" system?

Yes, the Nice Classification System is effective in India.

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Does the Community Trademark apply for India?

The European Union Trade Mark registration (formerly the Community Trade Mark registration) is not effective in India.

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Is there any possibility to claim priority in India?

Yes, if the following conditions are satisfied:

 

  • If an applicant's home country is a signatory to the Paris Convention
  • If the applicant’s home application was filed within the fixed period of six months preceding the application in this jurisdiction
  • Registration based on the Madrid Protocol also enables an applicant to claim priority
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What do I need to do to satisfy the use requirement?

A trademark must be used within five years and three months from the 'sealing date.'

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Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years which is calculated from the application date.

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What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

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Is it legal to use my trademark even if it is not yet registered?

Yes, it is legal. You may use an unregistered mark for any goods or services.

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How many applications should I file?

The answer to this question depends on the characteristics of your mark, your budget and the scope of protection that you would like to have in India.

If your trademark contains distinctive verbal elements (text) as well as design elements (graphics or logos) and you wish both to be protected, our recommendation is to file two trademark applications; one to protect just the verbal elements (the application will be filed as “Word Mark”) and another to protect just the design elements (the application will be filed as “Combined Mark”).

In this case, proceeding with two trademark applications has the following advantages:

  1. Broader and stronger protection. If a third party files a “Combined Mark” with very similar text to yours but different design, their “Combined Mark” could be accepted for registration if you only filed a “Combined Mark” and not a “Word Mark,” because in its entirety the third party’s mark is still considered different from yours.
  2. You will be protected if your logo evolves. It is common for companies to change the design of their logo with time. If you file a “Combined Mark” and not a “Word Mark,” your new logo will not be protected. You must use your trademark exactly as registered; if you don’t, your trademark may be subject to cancellation.
  3. Effective verbal and graphics protection. Filing a “Word Mark” application provides greater flexibility to use your mark in different ways, whether it is presenting it in stylized text or presenting it with different designs (as long as they are not too similar to registered trademarks that belong to third parties). At the same time, filing a “Combined Mark” allows you to protect the design elements of your mark.

If your trademark also contains a slogan or a distinctive design symbol, we suggest you file a specific application for each, as this will give you additional protection.

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Does having a registered trademark in India give me any right?

Registration is not a requirement to obtain rights to a trademark. Prior use is enough to establish ownership to a trademark. India observes the 'first to use' rule.

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What is the web address of the trademark national office?
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Is there any need to use my trademark before I apply for registration?

Yes. Applicants are required to prove either actual use or intent to use for the application to be accepted.

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Can a Trademark Application be opposed?

Opposition is available on the basis of the following:

 

  • proprietary rights
  • the mark is descriptive
  • the mark is not distinctive
  • the mark is misleading, deceptive or disparaging
  • breach of copyright
  • rights of notorious or well-known mark
  • registration in the name of the agent or other representative of the proprietor of the mark
  • rights of trade names
  • registered design rights
  • rights in a personal
  • the mark is generic
  • the mark is against public policy or principles of morality
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Who can contest my trademark application?

Anyone may oppose an application.

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Is it possible to cancel a registration?

The following can be grounds for cancellation:

  • the mark is descriptive
  • the mark is not distinctive
  • the mark is misleading, deceptive or disparaging
  • the mark is functional
  • rights of protected armorial bearings, flags and other State emblems
  • the mark is generic
  • the mark consists of a geographical indication
  • the mark is against public policy or principles of morality
  • the mark includes a badge or an emblem of particular public interest
  • the mark is used in a misleading manner
  • the mark is prohibited in this jurisdiction
  • the application for or registration of the mark was made in bad faith
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Are there any rights established by having a registered trademark?

The following rights are established by registration:

  • the exclusive right to use the registered trademark
  • the right to sue for infringement against confusingly similar third-party trademark use
  • the right to license other third parties to use the trademark
  • the right to apply for seizure by customs authorities for importation of counterfeit goods
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How long is the opposition period?

The opposition period begins on the date on which the Trade Marks Journal is made accessible to the public.

 

The opposition period ends 120 days (4 months) from the date the Journal was made available to public. This deadline is final and non-extendable.

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Is India a member of the Madrid System?

Yes, India is a party to the Madrid Protocol. However, the Madrid Agreement is not effective in this jurisdiction.

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Do I need to present periodic statement of use?

Periodic statements of use are not required.

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When should I renew my trademark?

Subsequent renewals last 10 years from the renewal date of the registration.

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What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

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Is there any documentation that should be presented when renewing a trademark?

The following documentation is required for renewal:

  • a power of attorney
  • a requisition may be raised by the Registry to furnish
  • an original certificate of registration
  • proof of the previous renewal by way of a copy of the renewal certificate
  • or a journal notification regarding the previous renewal
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If my trademark expires, do I have a grace period?

The grace period after the renewal date has expired is 12 months.

Basic Questions
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What is a trademark?

A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by trademark registration.

With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services, and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

SM Some countries use this service mark symbol to show that the service mark has been filed at the trademark office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

You can lay claim to your work in many ways. Trademarks, patents, and copyrights offer protection to intellectual property owners. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or services from others in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea alone (otherwise we’d all be doing it). You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to an existing problem.

Copyright protects all types of original published, performed, and printed creative works of art, literature, and music. It prevents people from using, reproducing, or distributing copyrighted works without the permission of the artist, author, composer, etc. Types of work covered by copyright protection include:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

Trademarks, patents, and copyrights are all examples of ways you can protect your intellectual property. Your rights to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

The symbol of a circled letter R after a trademark name or graphic image means that the preceding trademark has been registered. Various typographic symbols indicate copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but the best practice is to use circle‑R or circle‑C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM or trademark symbol indicates an unregistered trademark for one of 34 different classes of products. Owners use this symbol to claim the preceding name or logo as the Trademark of their product.
  • SM: The SM or service mark symbol is similar to the TM symbol except it indicates a claim to a mark for a service (one of 11 classes of service) rather than a tangible product.
  • ®: Use the ® symbol once you’ve registered your trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to indicate copyrighted material. The copyright notice should appear on the material as Copyright © followed by the date the work was created, the copyright owner’s name, a period, and finally “All Rights Reserved.” Like this: Copyright © 2021, John Smith. All Rights Reserved. Use it whether the copyright has been registered or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a comprehensive search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  The other company may object to you using the trademark and legally prohibit you from doing so.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you seek professional help. Our company offers a Comprehensive Trademark Study service. The Study gives you details of the classes in which you might want to register your trademark; it also lists identical and similar trademarks, and finally, you get an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a completed comprehensive trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Comprehensive Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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