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What is the law under which the Trademark protection is granted in India?
The Trademark Act of 1999 governs and deals with the mechanism of registration of trademarks in India.
What type of trademarks can be registered?
A Trademark registered could be any name, color, logo, symbol or sound that uniquely identifies the source of the goods and services. In India, the Trademarks protected can be categorized as follows:
1. CONVENTIONAL TRADEMARKS including word mark, device mark, collective mark and certification mark.
2. NON-CONVENTIONAL TRADEMARKS including 3-D mark, sound mark, color mark, slogan mark and shape mark.
3. WELL-KNOWN TRADEMARKS
Which edition of Nice Classification is accepted by the Trademark office?
In India, the 11th edition of Nice Classification is accepted by the Trademark office.
What is the expected time frame for issuance of examination report?
The examination report is usually issued within 6-9 months approximately.
What is the initial registration term?
Once the trademark is registered, it is valid for a period of 10 years from the date of application.
What is considered as the effective date of registration for a Trademark?
The date of application is considered as the effective date of registration for a Trademark.
What are the documents and information required at the time of filing the registration application?
The following information and documents are required to file the Trademark application in India:
1. The applicant’s name and address.
2. A copy of the trademark to be registered consisting of its logo, class and details of goods and services.
3. Power of attorney.
What type of power of attorney is acceptable in India?
In India, a signed power of attorney would suffice.
Is there any due date to file the POA after filing the Trademark application?
The POA must be submitted at the time of filing the Trademark application.
Is official search report issued by the Trademark office?
Yes, the official search report is issued by the Indian Trademark office. However, an applicant has to pay an additional official fee payable at the office to carry out the process.
What is the opposition period?
The time period to file a notice of opposition is 4 months from the date of publication of the Trademark in the official gazette.
What is the renewal term?
Trademark protection is available for 10 years from the date of application, renewable every 10 years on payment of the required fee.
What are the documents required at the time of filing the renewal of Trademark application?
The documents required at the time of filing the renewal of Trademark application are as follows: Power of attorney Copy of registration certification Copy of last renewal certificate if applicable
What are the documents required at the time of filing the recordal application for a Trademark?
The documents required are as follows:
1. CHANGE OF NAME: Certified copy of extract from the Registrar of Companies with required translation Power of Attorney
2. CHANGE OF ADDRESS: Certified copy of extract from the Registrar of Companies with required translation Power of Attorney
3. ASSIGNMENT: Deed of Assignment Affidavit by Assignor Power of Attorney
4. MERGER: Deed of Merger Power of Attorney
5. LICENSE: License Agreement Power of Attorney
What is the non-use cancellation period of a Trademark?
The non-use cancellation period of a Trademark is for 5 years from the date of registration.
What is the time frame to complete the Trademark registration?
Trademark registration is a lengthy process and it takes around 12-15 months approximately to obtain registration.