India Trademark Registration
India is a member of the Madrid Protocol since July 08, 2013. An international trademark application can be filed under the Madrid Protocol in India. Trademark registration India uses Nice Classification system for trademark registration. Multiple-class applications are possible, however, there is no cost advantage in filing a multiple-class application.
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 the registration certificate will be issued.
Time Frame
The processing time from application to registration may takes about 9 – 12 months . However, if there are objection from the trademark office or opposition from anyone else, it may take longer.
Validity of Registration:
A registered trademark in India is valid for a period of 10 years from the date of application, and is renewable for 10 years.
Requirements For Trademark Application in India:
- Applicant’s name, address and nationality;
- Representation of trademark;
- Description of goods or services;
- Classification of goods and 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.
