India Trademark Registration

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Release time:2016-07-03

OneApplication for Trademark Registration

(I) trademark application subject

When the trademark owner uses or intends to use the trademark himself, he may apply for the registration of the trademark and submit a written application to the trademark registration officer for the registration of the trademark in accordance with the provisions of the Trademark Law.

When applying for a trademark, different types of trademarks for goods or service must be registered separately, and only a single trademark can be registered for each application, and a handling fee shall be paid according to the types of trademarks for goods and services.

According to the above two cases, the applicant shall apply to the Trademark Bureau of the jurisdiction where the applicant's office is located in India or when applying jointly.

(II) Withdrawal Application

According to Article 19 of the 1999 Amendment, if the registration official mistakenly accepts the trademark registration application before accepting the trademark registration application and completing the registration; Or according to the registration conditions, or according to the trademark application acceptance need to follow a number of restrictions, etc., the trademark belongs to the scope of non-registration, then the trademark registration officer has the right to reject the trademark application after hearing the application of the trademark applicant.

(III) Application Announcement

According to the "1999 Amendment", when a trademark registration application is accepted unconditionally or under conditions, the trademark registration officer must publish the application announcement in the prescribed manner as soon as possible after the acceptance. In the announcement, the time of acceptance of the application and the restrictions (if any) must be announced together. If the trademark applied for registration falls within the scope of marks that cannot be approved for registration and falls within the scope of paragraphs 1 and 2 of the relative reasons for not being approved for registration as a trademark as stipulated in Article 11 of this Law, or if the application is accepted for some special reasons, the trademark registration officer may publicize the application for trademark registration at the time of acceptance.

According to the following circumstances, after the trademark registration officer publishes the application for trademark registration, or the applicant modifies the errors in the application after the application for registration is published, or approves the amendment to the application in accordance with the provisions of Article 22 of this Law, the applicant may apply for registration again according to his own circumstances. In the latter two cases, the amended or corrected trademark registration application may be published.

 

IIComposition of application documents

Required information and documents are required when applying for trademark registration.

(I) the necessary information

1. Trademark sample

2. Name and address of applicant

3. A statement of the use of the trademark in the classification of the goods.

4. Trademark Applicant's Office in India

(II) the required documents

1. AGPA signed by the applicant (use this mark when labeling the trademark sample)

2. Documents in which the trademark has not been notarized or certified

3. Use standard text expression as a language trademark sample application

4. You can apply for trademark registration by mail

5. May apply for trademark registration in a foreign language

6. Documents of priority: A trademark registration application that claims priority shall be filed at the same time as the application for priority and trademark registration. However, it is customary not to recognize the right of priority until the time of review.

 

ThreeMatters related to the application of foreigners

Non-Indians can apply for trademark registration in English. When foreigners apply for trademarks in India, they must appoint an agent in India to apply. The Indian designated as agent is required to submit the same documents as the applicant.

 

FourPeriod from the date of application to the completion of registration

The 1999 Amendment does not specify a timetable for the examination of applications for trademark registration. There are clear timelines for both patent and design review, and no clear timeline for trademark review.

 

FiveReview

In the event of a rejection of the application by the examining officer, a second examination (I. e. review) or trial may be requested within 1-3 months. The request for re-examination shall be accepted by the Trademark Registration Department, and the request for trial shall be accepted by the Intellectual Property Appeal Board.

 

SixTrademark registration procedures

According to the above provisions, when a trademark registration application is accepted, no objection has been raised and all examinations have been passed. As long as there is no other order from the central government, the registration official must register the trademark. At the time of registration, the date of application for registration of the trademark shall be the date of registration of the trademark.

When going through the formalities for trademark registration, if the application cannot be completed within 12 months from the date of application due to the applicant's factors, if the registration officer fails to complete the registration within the time specified in the notice after notifying the applicant, it shall be deemed that the applicant for trademark registration has automatically given up.