info@promarkip.com

Al Qusais, Dubai, UAE

India

Country Data

Official Name:

The Republic of India

Capital:

New Delhi

Area:

3,287,263 sq km

Population:

1,339,330,514 (2021 estimate)

Official Language:

Hindi, English

GDP:

US$10.207 trillion (PPP, 2021 estimate)

Currency:

Indian rupee (INR)

Work Days:

Monday- Friday

Conventions/ Treaties

  • Paris Convention (effective since December 7, 1998)

  • WIPO Convention (effective since May 1, 1975)

  • Patent Cooperation Treaty (effective December 7, 1998)

  • Berne Convention (effective since April 1, 1928)

  • Marrakesh VIP Treaty (effective since September 30, 2016)

  • WIPO Copyright Treaty (effective since December 25, 2018)

  • WIPO Performances and Phonograms Treaty (effective since December 25, 2018)

  • Rome Convention (signed on October 26, 1961)

  • TRIPS Agreement/ WTO (since January 1, 1995)

  • Budapest Treaty (effective since December 17, 2001)

  • Madrid Agreement (since July 8, 2013)

  • Nice Agreement (effective since September 7, 2019)

  • Locarno Agreement (September 7, 2019)

  • Nairobi Treaty (effective October 19, 1983)

  • Phonograms Convention (effective since February 12, 1975)

  • Vienna Agreement (effective since September 7, 2019)

Trademark

National Legislation

  • The Trademarks Act 1999 read with The Trademark Rules 2017.

Basic Information

Creation of rights:

First-to-file jurisdiction (subject to occasional exceptions)

Basis for filing:

Proposed to be used basis or prior use with sufficient documents.

Well-known marks:

Special protection is available. Nevertheless, local registration of the mark is highly recommended.

Types of marks:

Trademarks, Word marks, Service marks, logos and symbols, shape of goods, series marks, Certification marks, Collective marks, Series of marks, geographical indicators.

Priority:

6-month priority claim under the Paris Convention.

Madrid System:

Available- registration of trademarks in multiple jurisdictions worldwide.

Filing system:

Single class and multiple class filing is available.

Classification:

Nice Classification.

Who can be Applicant:

(1) Corporate/ business entities and (2) individuals/natural persons.

Examination:

On formal, absolute and relative grounds.

Publication:

In Trademark Journal.

Opposition period:

4 months from the date of publication in the Trademark Journal.

Duration of registration:

10 years from the filing date – renewable for further periods of 10 years each upon request of the trademark owner within one year preceding the expiry date.

Renewal grace period:

1 year succeeding the expiration date.

Use requirement:

A trademark registration becomes vulnerable to cancellation in case of its non-use for a period of 5 consecutive years upon the request of an interested party.

Registration timeframe:

6 to 8 months (approximately)

Search

Official Search:

Available for i) word marks; and ii) device marks

Scope of search:

Includes all applied-for and registered marks

Turnaround time:

2-3 working days.

Ways to Obtain Protection

  • Filing of national application with or without priority claim under the Paris Convention
  • Temporary or permanent stay order.

Filing Requirements

New Applications

  1. A simply signed Power of Attorney from the applicant.

  2. A certified copy of the priority document, if priority is claimed.

  3. If user date is claimed, an affidavit to support/ prove the claim.

Renewal of Registration

  1. A simply signed Power of Attorney from the trademark owner.

Change of Name / Address Recordation

  1. A simply signed Power of Attorney stating the new name/ address of the trademark owner.

  2. Change of Name / Address document, duly notarized.

Assignment Recordation

  1. A simply Power of Attorney from the Assignee.

  2. Deed of Assignment executed by both the assignor and the assignee, duly notarized.

  3. A copy of certificate of registration of the mark.

  4. An Affidavit from the Assignor that no legal proceeding / case is pending in respect of the trademarks to be assigned, duly notarized.

Merger Recordation

  1. A simply signed Power of Attorney from the surviving entity.

  2. Merger document, duly notarized.

  3. A copy of certificate of registration of the mark.

License Recordation

  1. Simply Powers of Attorney from the Licensor and the Licensee.

  2. License agreement, duly signed by both the parties, duly notarized.

  3. A copy of certificate of registration of the mark.