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trademark law
The current trademark regulations in India are mainly based on the Trademark Law, which came into effect on September 15, 2003 and was revised on March 6, 2017. The Indian Trademark Office is responsible for managing trademark affairs, and the official languages are Hindi and English. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law.
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Registered types
At present, the Indian Trademark Office adopts the Nice Classification 11th edition for the description of goods and services, accepting applications for multiple categories of one standard. The elements that can be registered as trademarks in India include: text, name, graphics, three-dimensional identification, color combination, slogan, sound, appearance, etc. There are special requirements for three-dimensional identification, color identification, sound, etc.
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Duration
The Indian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months and a recovery period of 6 months; The renewal is valid for 10 years.
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Revocation system
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons: 1. Violation of relevant laws and regulations; If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.
Trademark revocation or invalidation applications need to be submitted to the Trademark Office, which generally takes 3-5 years under current examination conditions. The respondent can generally provide the following evidence materials to respond to the revocation application filed by others on the grounds of "not used": -
The participating countries' treaties and organizations include
India is a signatory to international intellectual property treaties such as the TRIPS Agreement, WIPO Convention, Nairobi Convention, and Paris Convention, and has joined the Madrid Protocol.
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other
When handling the transfer, it is also necessary to notarize the transfer agreement, the transferee's affidavit, and the transferor's affidavit. In addition, the basis for trademark applications in India is divided into intended use and actual use. For trademark registration applications submitted based on actual use, the first time of use in India, a notarized affidavit of use, and evidence of use must be provided at the time of application.
1. Single country registration;
2. Madrid International Registration
The application for trademark registration in India can be submitted to the Indian Trademark Registry or the Indian Patent and Trademark Office. The applicant can submit their application to the Indian Patent and Trademark Office based on their choice, or file a direct application with the Indian Patent and Trademark Office.
① Applicant Information: Indian trademark applicants must complete the application form and submit copies of the aforementioned documents. The application documents must be in Hindi or English, or a mixture of Hindi and English can be used.
② Scope of goods/services application: The Indian trademark registration application must specify the scope of goods/services applied for, and the Indian trademark registration application should include 10 types of goods or services.
Trademark substantive examination refers to the examination conducted by the trademark management department on the distinctiveness of the applied trademark, whether it violates the provisions of the Trademark Law, and whether it conflicts with prior rights. According to the Indian Trademark Law, if a trademark applied for registration does not have distinctiveness, it cannot be registered and cannot continue to be used. If the applicant finds any situations during the trademark examination process that cannot pass the examination, they can apply for a re examination within 6 months.
The Indian Patent Office (IPI) publishes trademark notices. Generally, within 3 months after trademark registration, the IPI will publish a notice for a period of 3 months. If no objection is raised within 3 months, the trademark is approved for registration; If there is any objection, the trademark application will be rejected or registration will not be approved. If no objection is raised and rejected during the announcement period, the trademark will be approved for registration.
The effectiveness of Indian trademarks is consistent with the provisions of the Trademark Law, and can only be protected after trademark registration. The Indian Patent and Trademark Office only conducts formal examination on trademark acts that violate trademark laws, and does not conduct substantive examination on them. If the trademark applicant believes that the trademark is identical or similar to the previously used logo, they may raise an objection to the trademark within 6 months.
The trademark certificate will be issued by the Indian Trademark Registry 45 working days after the application is approved.
If the applicant does not reside in India, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5. If priority is declared, priority proof documents and corresponding translations must be provided.
The cost of trademark registration in India includes: trademark office fee, agency service fee
1. Trademark official fees: The official fees charged by the Indian Trademark Office are official fees, and registering an Indian trademark is generally subject to payment of official fees after submitting the application. It should be noted that the official fees for trademark applications vary in different countries.
2. Agency service fee: If you apply for registration on your own, you generally need to pay an agency fee. It should be noted that when applying for registration of an Indian trademark, only one item is allowed to be registered in each category.
