Frequently Asked Questions (FAQs)
- Must I sell my products or offer my services in India before I seek protection
No, Indian trademark law allows filing of a trademark application in India on an 'intent-to-use' basis. However the registered proprietor of the trademark in India has to commence use of the mark within 5 years and 3 months of the date of registration. Otherwise the registered trademark is open to invalidation proceedings.
- How do I file for a trademark in India?
The procedure for the registration of the trademark is described under the section 'Registration Procedure'
- What is the filing fee?
The official filing fee for filing one trademark application in one class and without claiming priority is available on request.
- What are the typical costs for representation in India ?
The attorney charges for filing the application will depend on the trademark agent/attorney that you will hire. However the filing of a trademark application in one class without claiming priority, will range between US $ 100 to 200.
- Can I file a single application for use of my mark on more than one good or in
association with more than one service in India?
Yes. India recognizes the system of multi-class applications and follows the International Classification. There are 45 classes in which the goods and services have been divided in India and you can file for multi-class applications both for goods and services.
- I have a design logo and want to apply for the registration of the same for identical
goods and services in black and white as well color. Can I do so in one application?
Yes. You can do so in one application as India recognizes the system of series application.
- What is the duration of a trademark in India?
A trademark in India is valid for 10 years and can be renewed thereafter indefinitely for periods of 10 years.
- What should I do if a competitor has already registered my mark in India?
The Indian trademark law provides for invalidation proceedings and you have the right to initiate a cancellation action should a competitor have registered your trademark in India. You also have the right to initiate either a civil or a criminal action against any party that is violating your mark in India.
- Who can use the symbol ® in India?
Only the proprietor of a trademark whose trademark has been registered in India can use the symbol ® in India. Using the symbol ® unless your mark has been registered in India is unlawful.
- When can the symbol ™ be used in India?
Using this symbol with your trademark simply implies that you claim to be the proprietor of the trademark. There is no prohibition on the use of the symbol ™ in India.
- What is the penalty that is prescribed under the criminal laws for infringement
of a trademark in India?
The penalty for selling or providing services using a false trademark is a minimum of six months and maximum of three years and with fine not less than INR fifty thousand (approximately US $ 900) but which may extend to INR two lakh (approximately US $ 3500).
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