Trademarks - Frequently Asked Questions

How long will it take to conduct a trademark search?

7 working days.

Does your country use the international classification?

Yes.

Are there any goods or services for which the mark cannot be registered?

No.

Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?

In most cases, it gives it additional protections to all the goods in the class.

Can a trademark be registered in the name of more than one applicant ( i.e. joint application) ?

Yes.

Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?

Yes. 6 months.

Can one application cover more than one class of goods/services?

No.

May priority be claimed under the Paris Convention?

Yes.

What is the term of protection of a trademark? From what date is it calculated?

10 Years. From the date of filing.

Is marking compulsory and, if so, how should marking be made?

No.

In case a trademark is not renewed in due time, and another company register the same trademark, can the original owner oppose the registration or not?

Yes, based on prior use.

If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?

Depends on the mistake.

Is use required before registration or for maintaining the registration in force?

No.

Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?

Yes.

What are the types of use required?

Any type of use is sufficient.

Can the assignment of an application be recorded?

Yes.

Is recording a license agreement compulsory? What are the consequences of non-recordal?

Not compulsory, but recommendable to be effective between the two parties and among others. No consequences.

Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?

Yes.

Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?

Yes, any one of them are acceptable.
Yes, US $1 is enough.
No tax.

Can the trademark application be opposed and what is the opposition period?

Yes, two months from the date of publication in the official gazette.