The Indian trademark act of 1999 established that prior use of a trademark or service mark does grant certain rights. However, only once it is registered under one or more of the 45 classes available will your protection be 100% effective.
In India registration of trademarks is done directly through the Indian Trade Marks Registry. The trademark office of India falls under the Controller General of Patents, Designs and Trademarks.
Foreign trademark applicants need to be represented by local law firms of India. iGERENT works closely with local intellectual property agents in India and can provide all required services to secure your Indian trademark.
Search Indian trademark applications before the Indian trademark registry. An intellectual property expert will carry out a full due diligence trademark check in India.
Why try to file a trademark in India if it has little chances of success?
Our intellectual property expert will carry out a full due diligence trademark check in India. We will search Indian trademark applications before the Indian trademark registry.
A trademark search will determine beforehand what are the chances a trademark has of being accepted by the trademark authority. Make sure you comply with the checklist for trademark registration in India. Identifying possible problems to register your trademark will help you determine the best strategy.
The official database for the India trademark office search is available to check Indian trademark registration status of similar marks. However, registration is not secured because similar trademarks are not registered. The trademark can still be refused for other reasons. Our trademark search in India will provide a full analysis of all registration requirements.
Trademark registration fees in India are non refundable. A trademark search may very well save you time and money.
Filing a trademark for India does not necessarily have to be done directly before the Indian trademark office. India is a member state to the Madrid protocol for registration of international trademarks. Depending on the circumstances of the applicant, filing an international application through the Madrid system may be an option with exploring.
Once a trademark is filed in India it will be examined by the trademark authority. The examination process includes search for prior trademarks that may be similar. Similar trademarks are not the only issue the Indian trademark office will consider. Trademark examination will also consider if the trademark is descriptive, generic or if other causes for refusal exist.
Once the examination process is overcome the trademark will be published through the Indian trademark journal. After this there will be a period of 120 days for third parties to present trademark opposition actions against your application.
A trademark certificate will be granted if all stages of the registration process are successfully passed. The trademark certificate serves as a title of ownership for the Indian trademark.
It is important that registered trademarks are used in India. If you do not use a trademark for more than 5 years within the Indian market it may be cancelled.
Trademark cancellation will not be automatic. A third party would need to file a trademark cancellation action before the Indian intellectual property office. If your Indian trademark is cancelled you will lose all rights over the trademark.
If you effectively use your trademark, you will not have to worry about cancellation actions. Use of the trademark in India has to be exactly as it was registered. If you modify your trademark in any way you should consider applying for the new version of your trademark. Use your intellectual property to secure it.
If you have your trademark in India registered you have the exclusive right to use it. It is important you protect your trademark rights. You will be able to start legal proceedings if you are a victim of trademark infringement in India. Monitoring to see if third parties are using your trademark without the corresponding permission is highly recommended.
As the owner of a registered trademark you can prevent others from registering trademark that may be similar to yours. Preventing similar trademarks is important in order to allow your trademark to be clearly recognized in the Indian market.
Indian trademarks will be valid for 10 years from the date the trademark was filed.
If you filed your trademark registration in India through iGERENT you will receive automatic reminders via email of upcoming renewal dates.
Renewal of trademarks in India can be done for successive periods of ten years. A certificate of trademark renewal will be issued by the Indian trademark authority after each renewal.
Indian trademark renewals can be filed as early as six months before the trademark expiration date. A period of 12 months exists to renew your trademark after its expiration date. Official fees for renewing a trademark after the expiration date are higher.
If you do not renew your trademark it will be declared void. Trademark rights can only be enforced if the trademark is registered and live in India. If a trademark lapses due to lack of renewal there is no way to revive the trademark. If a trademark lapses and the late renewal stage expires, the only option would be to file the application once again.
Our trademark fees to search a trademark in India do not only consist of a search for prior trademarks. Our trademark search fees also include an IP agent´s opinion on the chances of the trademark being registered. If we identify possible problems with your trademark application, our intellectual property expert in India will give you specific advice on how to increase the chance of registering your trademark.
Our trademark fees to register a trademark in India include all government and professional fees to file your trademark.
We will never proceed with any services without first sending you our service fees for Indian trademark services.