India Trademark Registration
To register a trademark in India, you must submit the application to the Office of the Controller General of Patents, Designs and Trademarks (India Trademark Office). India uses the Nice Classification system to categorize goods and services for trademark registration. Although applications can cover multiple classes, filing a single-class application is generally recommended
Trademark Search
Before applying for a trademark, you might want to conduct a search to find out if there are any identical or similar marks on the Trademark Register. However, it is an optional procedure for filing the trademark application.
Time frame: 5 – 7 working days
Trademark Application Procedure
Once the trademark application is filed with the India Trademark Registry, it will be examined by the Examiner with the formality checks and substantive examination. If there is no objection, a notice of acceptance will be issued. In case there is an objection, the applicant must respond to the objection within a stipulated time, or else the application will be deemed abandoned. If the application is accepted, it will be published in the Official Journal. Any interested party may oppose the registration of your trademark within 4 months of the publication date. If no opposition is filed against your trademark application, your trademark will be registered and an electronic trademark registration certificate will be issued.
Time Frame
The processing time from application to registration may take about 9–12 months. However, if there are objections from the trademark office or opposition from any third party, it may take longer.
Validity of Registration:
A registered trademark in India is valid for 10 years from the date of the application .and can be renewed every 10 years.
Requirements For Trademark Application in India:
- Applicant’s name, address and nationality
- Representation of the trademark
- Classes and description of goods or services;
- Date of first use of the mark in India, if any;
- Power of Attorney simply signed by the applicant (no notarization or legalization is required);
- Certified translation and transliteration if your mark consist of non-English words/non-Hindi words;
- If the applicant claims convention priority, a certified copy of foreign application is required (with English translation);
- If the application is base on actual use, a notarized User Affidavit must be filed along with supporting documents at the time of filing the Application.
