Trademark Registration
We offer a wide range of Trademark Search, Analysis, Filing, Prosecution and Registration Services in various countries. We also offer Trademark Watch and Opposition Services. Our value added reports enables clients to maximize their trademark protection, safeguard it and realize value from their IP assets.
Our Trademark Services include
- Trademark Search
- Trademark Filing, Prosecution and Registration
- Trademark Opposition
Trademarks in India
The Indian law of trademarks is enshrined the new Trade Marks Act, 1999 came into force with effect from September 15, 2003. The old Trade and Merchandise Marks Act, 1958 was repealed at the same time. The new Trademarks Act of 1999 is in line with the WTO recommendations and is in conformity with the TRIPS Agreement to which India is a signatory.
New Features in India Trademarks Law
- The term of registration of trademark is ten years, subject to renewal thereafter
- Registration of trademarks which are imitations of well known trademarks not permitted
- Registration of Collective Marks owned by associations allowed
- Offences relating to trademark made cognizable
Trademark FAQs
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A trademark is any word, name, symbol, or device, or any combination, used, or intended to be used, in buisness to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
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A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
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How do I find out whether a Trademark/Servicemark is already registered?
You may conduct a search on Trademark Registry website by paying online. But, you should be familiar with the Trademark/Servicemark classification codes as the search engine display results based on classification of goods/services.
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Is it advisable to conduct a search of theTrademark Registry Office records before filing an application?
Yes. You may conduct a search online by visiting Trademark Registry website TMR India. The search engine displays records based on classification of goods/services.
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Who may file an application?
Only the owner of the trademark may file an application for its registration. A Trademark Attorney with a Power of Authority on behalf of a owner can file the application.
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How long does it take for a mark to be registered?
It is difficult to predict how long it will take for an application to mature into a registration. Generally, an applicant will receive a filing receipt almost instantly if the application is filed online, or approximately two weeks after filing on paper. The filing receipt will include the Application number of the application. All future correspondence with the Trademark Office must include this application number. You should receive a response from the Office within approximately three months from filing the application. However, the total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing and the legal issues that may arise in the examination of the application. Current status information on trademark applications and registrations may be obtained through the TMR India’s Trademark Applications Status Database.
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On what bases can a foreign applicant file an application for registration in India?
- Use in interstate commerce between India and a foreign country.
- Bona fide or good faith intention to use the mark in commerce between India and a foreign country.
- Ownership of an application filed in a foreign country (if within six months of the foreign filing date).
- Ownership of a foreign registration (with a copy)
