Filing Requirements:
1. Power of attorney, simply signed. A general power may be used for subsequent filings.
2. Copy of priority document, if priority is claimed, certified.
3. Proof of first use of the mark in India or a declaration showing the intention of use.
4. 15 prints of the mark for each application.
* Items 1 and 3 must be submitted at the time of filing.
* Document 2 may be submitted within 6 months from filing date.
Classification:
The International Classification of Goods and Services (9th Edition) is followed. A single application may include several classes.
Opposition:
Trademark applications accepted by the Registrar are published in the Trademarks Journal. Oppositions may be filed within 3 months 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, simply signed.
- Copy of the certificate of registration 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 5 consecutive years preceding the date of filing for cancellation.
Search:
An official search may be conducted for word marks and devices. It takes approximately 12 working days 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, simply signed.
- Deed of Assignment, notarized.
Change Of Name/Address:
* A change of name/address may be recorded for trademark applications and registrations.
* Documents required:
- Power of attorney, simply signed.
- Certificate of change of name/address of the applicant, notarized.
- Change of address, only a simply signed power of attorney showing the new address is required.
Licensing:
* License recordal is compulsory but advisable in order to be effective against third parties.
* Documents required:
- Power of attorney from licensor, simply signed.
- License agreement, notarized.
Marking:
Marking is not compulsory.
Cancellation:
A trademark is subject to cancellation before the Court by any interested party within 5 years from registration date
Registration Time Frame:
The time frame for completing the registration process is 3 to 4 years.
Three Dimensional Trademark Applications:
Acceptable.