Register a Trademark in India
>>>Protect your brand with a trademark in India<<<
If you are thinking of register a trademark in India, you are in the right place. Trademark Angel offers very competitive prices and is capable of doing all types of register a trademark in India. The Trademark registration process is quite similar to the Canadian process with some important differences.
Important highlights about the Indian registration process:
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There are two types of applications available: a) Proposed to Use and b) Already in Use.
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In both types of applications, your application is assigned a serial number and examined after filing.
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Your trademark is reviewed on absolute and relative grounds and it can be refused if there is a similar mark or if the mark is merely descriptive.
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No specimens of use are required. No use is required before registration.
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For a straightforward trademark application, you are looking at 10 months before your trademark registers.
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In India, there is provision of show cause hearing, if there are any objections from the Trademark registry.
We have a designated register a trademark in India Attorney so we can take care of all your legal needs in India, from filing to opposition and litigation. We can also help with other legal matters in India.
Pricing of Our Packages
The prices are in USD$ for India
SAIL THROUGH
- Covers filing your application and reporting the progress all the way to registration. Single class. This is our entry-level package.
ALL IN
- Covers full trademark registration, including reporting and responding to non-substantive examiner’s objections. Re-filing guarantee.
BELLS AND WHISTLES
- Covers all aspects of trademark registration, including responding to all examiner’s objections. Free re-filing.
Details about Indian trademark packages
Government fees are not included in our packages and are extra
Upgrades
The prices are in USD$ for India
Upgrade 1
- Upgrade “SAIL THROUGH” package to “ALL IN” package
Upgrade 2
- Upgrade “SAIL THROUGH” package to “BELLS AND WHISTLES” package
Upgrade 3
- Upgrade “ALL IN” package to “BELLS AND WHISTLES” package
FAQ
A Power of Attorney, POA in short, is a legal document that authorizes an entity to represent or act for another person, usually, in the managing of the person’s property, business or private affairs. The former is called the Attorney or Agent whereas the latter is commonly known as the Principal.
In Trademarks, a Power of Attorney is required to appoint an Attorney on your file so he/she can represent you before the respective Trademarks Office.
Having said that, in many countries including the US, UK, Europe, Canada and Australia you don’t need to sign a POA for a standard trademark application (power of attorney is already implied when you entrusted your attorney/agent trademark registration). However, there are countries, such as, China, Mexico, Russia and India where a POA signed by the owner or any other person legally bound to the owner is required in order to file a trademark application.
In the US, when an applicant wishes to replace its existing attorney and appoint a new attorney, it needs to sign a Power of Attorney authorizing the new attorney to prosecute the trademark application.
To open in a new tab, click: What is a power of attorney? When do I need to sign a power of attorney?
There are 3 ways how you can proceed:
- Book an initial phone call with us. Here is the link for the trademark package
- Ask for a free preliminary trademark search to get an idea of whether your trademark can be registered. This is a basic search but if your mark is unregistrable, we’ll be able to tell you. Order your search here.
- Buy a trademark package right away to start the trademark registration process without further delay. You can see our pricing on this page and can buy directly from our website.
What happens after I buy a trademark package?
- We’ll confirm your order.
- We’ll check if your trademark is registrable. A comprehensive trademark search will be done at this stage. We will provide detailed recommendations on how to increase the chances of achieving registration if your trademark turns out to be problematic.
- If your trademark is registrable, we’ll move forward with the trademark registration process.
- If your trademark has low chances of achieving registration, you will have 3 options:
- Ask for a full refund;
- Come up with a different name. We will provide detailed instructions for this. Further trademark searches are included in the package and there is no extra cost. We’ll keep searching until we find a registrable trademark;
- Proceed with the filing anyway.
The choice is yours. Make the first step now.
To open in a new tab, click: How does the process work with Trademark Angel? What happens after I buy a trademark package?
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 ™ symbol ™ in India on registered or unregistered trademarks.
To open in a new tab, click: Who can use the registered mark symbol in India?
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 registered trademark may be challenged in invalidation proceedings.
To open in a new tab, click: Do I have to use my trademark in India prior to filing? Is use after registration necessary?
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.
To open in a new tab, click: How long are Indian trademarks valid for?
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 surname is that one cannot claim exclusive rights over it and cannot stop people who have the same surname from using it.
To open in a new tab, click: Can surnames or last names be registered in India?
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, quantity, intended purpose, value, geographical origin or the time of production of goods or of rendering of services, or other characteristics of goods or services;
- Trademarks which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade.
2. Relative Grounds for Trademark Refusal in India:
If identical trademarks are found or if similar trademarks are found (similar to Canada, US or Australia).
To open in a new tab, click: On what grounds can a trademark be refused in India?
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 are prohibited under the Emblems and Names Act, 1950;
- Trademarks of shapes which are purely functional or necessary to obtain a technical result or which give substantial value to the goods.
To open in a new tab, click: What marks are not registrable as trademarks in India?
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 goes smoothly, we will receive a preliminary publication notice within 6 months from the application date.
After a 4-month opposition period, the trademark will be approved for registration.
The whole process takes about 12 months in total.
To open in a new tab, click: Trademark Registration Process in India?
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 highly recommended. While such type of search is free in the US, Canada, EU, UK and Australia, if you would like a comprehensive similar mark search in India, the cost will be $150.
To open in a new tab, click: Do you do a free trademark search in India?
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.
To open in a new tab, click: What is the trademark classification in India?
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.
To open in a new tab, click: Can I use my trademark in India if it isn’t registered?
To file a trademark application in India, we will need a few things from you:
- The full legal name of the applicant (either your company /personal name);
- Entity Type (Company/Individual);
- The full address of the applicant;
- The trademark name. If you are filing for a logo, copy of the logo;
- The products which you sell or plan to sell under your trademark (provide a list);
- The services which you offer or plan to offer under your trademark (provide a list);
- Power of attorney.
To open in a new tab, click: What is required in order to file a trademark application in India?
Trademark right is a territorial right. trademark protection is necessary to avoid infringement attack and protect your brand name, if your business is ever related to India market, say, exporting to India, OEM business using Indian manufacturer, Outsourced work to India, KPO, BPO, LPO, Captive Centers or any research and are planning to launch the products/services to Indian market in future.
Also trademark registration is required to list your product/service online at different platforms like Amazon, Flipkart, Ajio, Snapdeal, YouTube etc. Registration provides the trademark owner with a right to sue for damages when infringements of trademarks occur.
An Indian trademark will allow you to get into Brand Registry.
To open in a new tab, click: Why should I consider registering my trademark in India?
Trademarks can last forever if they are renewed on time. Keep in mind you will have to continue using your trademark to keep it in good standing.
In the US, you must renew your trademark every 10 years. The 10 year term is counted from the registration date. In addition, between the 5th and 6th year after the registration date, you must file an “affidavit of use” to keep the registration alive.
In European Union, Germany, the United Kingdom, India and Australia, you have to renew your trademark every 10 years. The 10 year term counts from the application date.
In China, trademarks have to be renewed every 10 years. The renewal period is counted from the date of registration.
In Canada, a trademark has to be renewed every 10 years (the renewal period was changed from 15 to 10 years in June of 2019). The 10 year term counts from the registration date.
To open in a new tab, click: How long are trademarks valid for?
Articles
- What Every Business Should Know about Trademarks Registration?
- Should I file a trademark now or should I wait
- When should I not file a trademark?
- In Whose Name Should I File My Trademark?
- What are confusingly similar trademarks?
- When should I claim color for my trademark logo?
- Can I buy someone else’s trademark?
- Taking Advantage of the Trademark Classification & the Trademark Class Systems
- 11 Trademark Tips: how should I list products and services in my trademark application?
- Can you trademark a color alone? Can you copyright a color?
- Launch before you file or file before you launch?
- Why conduct a trademark search?
- Trademarks: First-to-use and First-to-file Countries
- What is a distinctive trademark?