Trademark application india

Trademark registration India

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What are the costs of a trademark registration in India?

The costs of trademark registration in India depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.

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How do you get a trademark registration in India?

If you do not have a trademark registration, you can only rely on the Trade Name Act to protect your trade name. However, this is a much more limited protection than trademark law. Do you want to enter the Indian market with your product or service? Then it is important to go through a trademark registration procedure in India. When your service or product falls under one of the 45 classes as defined by the Nice Classification, you can be sure that protection of your trademark is one hundred percent effective.

After submitting your application for trademark registration in India, it will be assessed by the competent authorities. Is your trademark very similar to an existing trademark, is your trademark too descriptive or too general? These are reasons for rejection. If your initial application is approved, it will be published in the Indian Trademark Journal. After making this public, third parties have 120 days to object. You will receive a certificate for trademark registration in India when all steps within the registration process have been successfully completed.

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The Indian Trade Marks Registry and the Madrid Protocol

Within India, trademark registration is carried out directly by the Indian Trade Marks Registry, which officially belongs to the government. As a foreign entrepreneur – unlike residents of the country – you must be represented by a local law firm. However, walking this route is not the only option. Indeed, India is a member of the Madrid Protocol for the Registration of International Trade Mark. Depending on the circumstances and your further plans as an entrepreneur, an application via the Madrid Protocol may also be effective.

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Trademark Registration in India at National Level

If you opt for national registration in India, you submit your request directly in the country. This is possible immediately, without the need for a basic registration in your own country (for Dutch entrepreneurs this is the Benelux registration). The procedure takes place from A to Z in India and as an entrepreneur you will be guided by local representatives. Keep in mind that a national trademark registration in India is considerably more expensive because of the taxes that are levied on it.

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International Trademark Registration (IR)

A second option is an international registration where you indicate India as one of the chosen countries. For such a registration you do need to have a Benelux trademark registration. A trademark registration of the European Union is of course also valid. During the first five years you are dependent on a basic registration for an international registration. The application for international trademark registration takes place in Europe and once approved, it will be forwarded to India by the central administration in Geneva.

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What is the duration of a trademark in India?

An Indian trademark is protected for ten years. You can apply for an extension of your trademark from up to 6 months before the expiry date to extend the validity for another ten years. In principal, a brand can be protected indefinitely if it is extended within the set time period.

If you do not register before the expiry date, the delai de grace will enter into force. This is a sort of grace period in which you still get the chance to renew your trademark. If you do not renew within this period, the trademark expires and all of your rights really are gone. It is not possible to restore this.

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The benefits of international trademark registration

Only when these documents arrive in India, the rest of the application will go through the same route as National Trademark Registration for India. This means that the process is considerably longer, but the advantage of an international trademark registration is that several countries can be involved. In addition to India, these include the countries of the European Union, but also Canada and the United States, Australia, New Zealand, China, Japan, Russia, Switzerland, Norway, Brazil, Singapore, Mexico, Turkey and South Korea. Another plus is that this route is relatively inexpensive.

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Trademark research

Trademark research is best left to an expert. This examination is done prior to filing an application for trademark registration in India. By hiring a trademark agency, you can be sure that the research is carried out as accurately as possible. Based on this thorough research, it can also be estimated in advance how successful an application will be. If problems are found in this first phase of exploration, this can help you adjust your strategy.

This does not mean that trademark research by definition leads to a successful application; the official database of India because it does not include very similar trademarks. A good trademark search really saves you as an entrepreneur a lot of time and money. In the event of a negative assessment, the costs cannot be reclaimed, unless you can demonstrate that the trademark office has failed.

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Steps in the process

After submitting your application for trademark registration in India, it will be assessed by the competent authorities. Is your trademark very similar to an existing trademark, is your trademark too descriptive or too general? These are reasons for rejection. If your initial application is approved, it will be published in the Indian Trademark Journal. After making this public, third parties have 120 days to object. You will receive a certificate for trademark registration in India when all steps within the registration process have been successfully completed.

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Grant of your trademark registration in India, then what?

A trademark registration in India has a duration of ten years from the date the application was filed. An application for extension can be made from six months before the end date. If you exceed this end date, you still have twelve months to do so. This does involve higher costs.

In India it is very important that registered trademarks are actually used. If this has not been the case for five years or more, the Indian market may expire your brand. However, this does not happen automatically, but only when a third party submits a request to do so. If your trademark registration is canceled, all rights associated with it will lapse. However, if you subsequently adjust your brand, you can submit this new version for review again.

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What are the costs of trademark registration in India?

The cost of trademark registration in India is dependent on the number of classifications that is relevant to the trademark. Most fall into classes 1 to 3, but it is very well possible to get the protection in all of classes 1 through 45 of the Nice classification.

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trademark registration india