What is trademark in India

India is the one of the largest economy in the world, and is on the way to become the leading country in respect of customer services and technical support services for global companies. In recent years, a lot of Vietnamese enterprises have entered into the Indian market; therefore, it is really important for individuals and organizations to know and understand about law of intellectual property in India, especially in trademark field.

What is trademark in India?

In India, trademark is the sign that can be reproduced graphically, and be able to distinguish the goods or services of an individual or an enterprise. According to India law, even non-visivle signs such as sound, smell can be registered as trademark, which is quite different from Vietnam law.

Registrable element as a trademark in India

In India, you can trademark any of the following or even a combination of these things:

– Words;

– Names;

– Devices;

– Certain three-dimensional shapes;

– Colours;

– Slogans;

– Sounds;

– Holograms;

– Smell;

The followings are not the signs of registrable as trademarks:

– Marks contrary to moral standards or public order;

– Generic terms;

– Names, flags or symbols of states, nations, regions or international organizations;

– Non-distinctive trademarks, absent a showing of acquired distinctiveness ( secondary meaning)

– Marks that function principally as geographic location names (but not geographical indications or appellations of origin);

Time frame for obtaining registration

The time frame for application to a trademark registration in India is approximately 18-24 months, including four stages:

Formality Examination: At this stage, Trademark Division will examine the application’s formality.
Substantive examination: The Application is then examined mainly as to whether the relevant mark is capable of distinguishing applicant’s good or services, whether it is prohibited for registration under any law for the time being in force, whether the registration of the relevant mark is likely to cause confusion or deception because of earlier identical or similar marks existing on records.
Publish the application: The Trademark Division will publish the application through publication and online. Within four months from the date of publication, any third parties may fill an opposition against the holder’s trademark if having legitimate reasons
Granting certificate: The Trademark Division will issue a certificate of registration for the trademark.

Trademark certificate is protected in 10 years from the time of filling the application.

Why you need to register trademarks in India

In India, trademark registration is not compulsory however, you really should consider registering since it will bring you a lot of advantages:

– The trademark would be important asset for your business and contributes to the goodwill generated. Using a trademark can help customers easily identify and remember your products and services, allowing you to build customer loyalty and protect your market share.

– With registered trademark you can stop others from using your trademarked business name / logo etc with regards to goods or services it is registered

– Trademark can considered just like any other form of asset like real estate, as it can be sold, licensed or assigned

– It guarantees the identity of the origin of goods and services.

– It stimulates further purchase.

– It serves as a badge of loyalty and affiliation.

– It may enable consumer to make a life style or fashion statement.

Please click here to know the fee of trademark registration in India. Also, you can visit here to see the procedures and required documents for trademark registration in India.

Email: info@trademarkpatent.net

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