You can use ® symbol if your Indian trademark has registered. Using the symbol ® unless your trademark is registered in India is unlawful. Using ™ symbol with your trademark means that you claim to be the owner of the trademark and that you use the trademark as a “source indicator”. You can use the [...]
No use is required for filing or registration. Indian trademark law allows one to file a trademark application in India on an 'intent-to-use' basis. The owner of the registered trademark in India has to start using within 5 years and 3 months of the date of registration. If use in India has not started, the [...]
A registered Indian trademark is valid for 10 years and can be renewed every 10 years indefinitely. Unlike patents or copyrights, trademarks do not expire and just increase in value over time.
Names or surnames cannot be used as a trademark in India if they do not possess a distinctive character. Common names and surnames may not be registered as it may lead to confusion. However, is a surname is uncommon or very rare, it may be considered distinctive and registrable. The biggest problem with registered a [...]
1. Absolute Grounds for Trademark Refusal in India: Trademarks which are devoid of any distinctive character; that is to say, not capable of distinguishing the goods or services of one person from those of another person; Trademarks which consist exclusively of marks or indications which may serve in a trade to designate the kind, quality, [...]
Some trademarks cannot be registered in India. Some common reasons when a trademark in India cannot be registered are: If they lack distinctiveness and likely to cause deception or confusion; If they are likely to hurt religious sentiments of any community; If they contain any scandalous or obscene matter cannot be registered either; Trademarks that [...]
When a trademark application is filed, the India Trademark Office will review the application. Then an official receipt will be issued. TMO will review the submission and it usually takes about 1 month for the formality check review. Your trademark will then go through a substantial examination, which will last about 4 months. If everything [...]
We offer a free identical trademark search for India (order on our website). Trademark search is really important before you decide whether to file or not as it may uncover a trademark that may be an obstacle to your trademark registration. While identical trademark search will find an obvious obstacle, a "similar mark" search is [...]
India trademark classification system is based on the NICE classification system (1-34 for products and 35-45 services). Please read more about NICE classification system here. If you would like to get an idea of how goods and services are classified, have a look at general class headings.
Though India is a “first-to-use basis” country, we do not recommend that you use an unregistered trademark in India since it may be stolen by a competitor and registered as “his” or “hers”. We recommend filing in India as soon as you have determined that this jurisdiction is important to your business.