PROCESS OF REGISTRATION IN INDIA: 1. SEARCH: It is recommended to conduct a Trademark availability search in order to check if any similar Trademark has been filed in India, which may oppose your registration. The cost of the search is generally quite insignificant in comparison to the costs of re-branding if there is difficulty in using the Trademark because it infringes the right of others. 2. FILLING: A Trademark application is filed with Trademark office. Now the Trademark application can be filed for more than one class of goods in one application. An application with priority rights shall be filed within 6 months from the date of initial grant of the registration application of the mark in other country. 3. EXAMINATION: The Trademark Office will examine the registrability of the application, which includes distinctiveness, existing similarity with prior registrations, and completion of supporting documents, if accepted, the Trademark Office will issue an acceptance order and the Trademark is ordered for publication. Examination generally occurs within 3-4 months of filling of Trademark application, but the request for the expedite examination of an application can also be made, which costs 5 times the govt. fee for filling the Trademark application. 4. PUBLICATION: Trademark applications accepted by the Registrar are published in Trademark Journal. Any interested party may file a notice of opposition to the registration of the mark within 3 months from the date of last publication. 5. OPPOSITION: When the Trademark is advertised in the Trademark Journal, then third party can oppose the registration of the Trademark within the 3 months from the date of the Trademark journal made available to the public. Normally the following person opposes the registration of Trademark: a) The owner of an earlier Trademark application or registration covering a similar Trademark for similar goods. b) A person who has used the same or a similar Trademark prior to the client, but who has not sought registration of the Trademark. If the Trademark application is opposed, then the Trademark office will request evidence in writing from both parties. If the dispute is not settled by the parties, then matter is determined at a hearing. Registration of an opposed Trademark application will be delayed pending till the determination of the opposition. 6. REGISTRATION: In the absences of opposition, a Trademark is registered, and the relative certificate of registration is issued for 10 years from the date of filing of an application. Now it is taking 24-30 months from the filling of the Trademark application to the final registration of the Trademark.
DOCUMENTS REQUIRED: 1. Power of Attorney signed by the applicant & in the case of corporate body, by the Director or Legal representative of the company. (Please note that the power of Attorney need not be Legalized or Notarized. 2. 20 (Twenty) prints or label. For words marks/ labels are not required. 3. Certified copy of the application which is the basis of the convention priority (if applicable) may be filed within 3 months from the Indian filing date. any query log on to: http://www.trademarks4u.com/fees.html
11 February 2012
Have some doubts regarding TM registration and would like if you people could help me..
First, is there an online system of application ? I clicked on the link for e filing ( https://ipindiaonline.gov.in/etmr ) but the same could not be opened..
Second, the registration pertains to a retail outlet selling karyana goods (basically kitchen items, fruits and vegetables).. Under what category would I fall ??
Third, how much time does it take to obtain a trademark ? And is my presence in Delhi necessary ? Can everything be done online / by post ?
CAclubindia
