FAQ

T1: How long will it take to conduct a trademark search?
2-4 days.

T2: Does India use the International Classification?
Yes (45 classes).

T3: Are there any goods or services for which the mark cannot be registered?
No.

T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
The specifications of goods limit the protection to the specific goods.

T5: Can a trademark be registered in the name of more than one applicant (i.e. joint application)? If so, what are its requirements?
Yes, apply jointly.

T6: Can an application be filed claiming priority without priority documents? If yes, what is the deadline for filing the documents?
Yes, two months from the date of filing in India.

T7: Can one application cover more than one class of goods/services?
Yes.

T8: May priority be claimed under the Paris Convention?
Yes.

T9: What is the term of protection of a trademark? From what date is it calculated?
10 Years, from the date of filing.

T10: Is marking compulsory and, if so, how should marking be made?
No.

T11: In case a trademark is not renewed in due time, and another company register the same trademark, can the original owner oppose the registration or not?
Yes, based on prior use.

T12: Can a mark in a trademark application be amended?
Only if the amendment is not substantial as compared to the first mark.

T13: Is use required before registration or for maintaining the registration in force?
Use is not required before registration or for maintenance, but non-use may make the registration of mark liable to cancellation on application by an aggrieved person.

T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
No.

T15: What are the types of use required?
Any type of use is sufficient.

T16: Can the assignment of an application be recorded?
Yes and it is compulsory.

T17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
Not compulsory, but recommendable and application for recordal would not be entertained by Trademarks Registry after six months from the date of the agreement.

T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
Yes.

T19: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
Yes. US$ 1 is enough. No tax.

T20: Can the trademark application be opposed and what is the opposition period?
Yes. Three months from the date of publication in the official journal.

Address:

Abu-Ghazaleh Intellectual Property HL Arcade-3rd Floor, Plot No. 14, Sector 5 (MLU) Above AXIS Bank, Dwarka, New Delhi – 110075 India

P.O. Box:
Telephone: (00 91-11) 45122000
Fax: (00 91-11) 45122099
Email: india@agip.com
Contact: Abhishek M. Rohra (Mr)

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