Filing Requirements:
1. Power of attorney, legalized. A separate power of attorney is required for each application or set of applications.
2. 10 prints of the mark for each application.
* All the above documents must be submitted at the time of filing.
Classification:
The International Classification of Goods and Services (8th Edition) is followed. A single application can include several classes.
Opposition:
Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 15 days from publication date.
Extension Of Time:
Extension of time for oppositions/counter-oppositions or for responding to office actions is possible.
Protection Term:
Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals with payment of a surcharge.
Documents Required For Renewal:
- Power of attorney, legalized.
- Copy of the latest valid registration certificate.
- 10 prints of the mark.
Use Requirements:
Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 3 consecutive years from filing date.
Search:
An official search may be conducted for word marks and devices. It takes approximately 3 weeks for the results to be available. A single application may include several classes. The search report discloses similar and identical trademarks.
Assignment:
* Registered trademarks may be assigned with or without the goodwill of the business concerned.
* Documents required:
- Power of attorney from the assignee, legalized.
- Power of attorney from the assignor, legalized.
- Deed of assignment, legalized.
- Original certificate of registration for endorsement.
- 10 prints of the mark.
Change Of Name/Address:
* A change of name/address may be recorded for trademark registrations only.
* Documents required:
- Power of attorney, legalized.
- Certificate of change of name/address, legalized.
- Original certificate of registration for endorsement.
- 10 prints of the mark.
Licensing:
* License recordal is compulsory in order to be effective against third parties.
* Documents required:
- Power of attorney, legalized.
- License agreement, legalized.
- Original certificate of registration for endorsement.
- 10 prints of the mark.
Merger:
* A merger may be recorded for trademark registrations only.
* Documents required:
- Power of attorney, legalized.
- Certificate of merger, legalized.
- Original certificate of registration for endorsement.
- 10 prints of the mark.
Marking:
Marking is not compulsory.
Cancellation:
A trademark is subject to cancellation before the Court by any interested party within 1 year from registration date.
Registration Time Frame:
The time frame for completing the registration process is 12 months.
Three Dimensional Trademark Applications:
Acceptable.