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400-711-2005
Trademark registration in India
Trademark protection in India is regulated by The Trade Marks Act
Trademark fees
Fees associated with filing trademark applications in India as well as other trademark fees are available in the fee?calculator.
Multiple class
Multiple class trademark applications are possible in India.
Minimum of filing documents
? mark to be applied for;
? class(es) according to Nice Classification;
? specification of goods or services;
? name, nationality and complete address of the applicant;
? details of priority i.e. Application Number, date and country, if priority is being claimed;
? details in the form of (DD/MM/YY) if the mark is being used in India or Intend-to-use.
Requirements to the Power of Attorney
Legalization or notarization is not required. It is advisable to file a POA form simultaneously with filing the application.
Priority document
Certified Copy of the priority document must be submitted within 2 months from the date of filing.
Validity term
The trademark in India is valid for 10 years from the date of filing the application.
Opposition period
The trademark application in India may be opposed by any interested person within 4 months from publication of the application.
Use requirement
A trademark in India may be a subject of a cancellation in case the said trademark has not been used within a continuous 5 years from the registration of the trademark.
Renewal
The trademark in India may be renewed for 10 years period an unlimited number of times provided that the official fee for the renewal is paid. It is possible to renew a trademark after the due renewal date, i.e. within one year.
Whether the trademark attorney is required
For the foreigners it is required to perform trademark prosecution in India through an agent, a registered Indian patent attorney.
What can be registered as a trademark in India
A brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof may be registered as a trademark in India if it is capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others.
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