TRADEMARKS
- Proceeding Procedure, And The Time Frame
After filing the application, the registry issues an official receipt with the filing date and application number. The application is then formally examined for registrability and official examination report is issued. To overcome the objection(s) raised, a response along with the necessary evidence to prove the distinctiveness of the mark is submitted within one month from the receipt date of examination report. If not satisfied, an interview/hearing with the examiner is requested.
If the trade mark application is considered allowable, a Letter of Acceptance is issued by the Indian Trademark Registry, after which the trademark is published in the Trade Marks Journal. If there are no oppositions filed within 4 months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate is issued by the Indian Trademark Registry.
A registered trademark is valid for a period of 10 years from the date of application and renewed indefinitely as long as the renewal fees are paid every 10 years.
Hence, a trademark application approximately takes a period of 6 to 7 months for registration.
- Information Required for Filing the application
In order to file the application in India we shall require the following information:
Basic requirements:
- Trademark or logo to be filed
- Applicant details like name, address and nationality and for company: the state of incorporation
- Type of entity (Individual, small entity or large entity)
- Class and Description of the Goods or services to register
- Power of attorney signed by the authorized signatory
Specific requirements for convention and ‘prior use’ application:
- Date of first use of the trademark in India, if used by you prior to applying in India.
- An affidavit from the applicant for Statement of Use along with the evidences in support of prior use of trademark in India
- Priority Details, if claimed, i.e. Priority Application no., filing date, country (Convention application only)
- Certified copy of the Priority document (convention application only)
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Detailed information on Formal Documents
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Affidavit for Statement of Use: We wish to apprise you that under new Trademark Rules 2017, trademark applications, wherein the prior use of the trade mark is claimed, the applicant are mandatorily required to submit an affidavit testifying to such use along with supporting documents at the time of filing the application.
We also need to submit supporting documents along with the affidavit which justify the use of the mark for relevant goods or services in India.
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Power of Authority: The executed power of authority from the applicant is required at the time of filling the application. It can be signed by any authorized signatory of the company. No legalization or notarization is required.
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Certified copy of priority document: If a priority is claimed from the convention application, in such case we need to submit the certified copy of the priority document at the time of filing the application. If not submitted, trademark registry will issue an official letter to submit the priority document within a month from the issuance of said letter.
Please feel free to request for a detailed schedule of fees through business@kanalysis.com
