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CtR Intellectual Property Co.

Tel : (852) 2420-1880
Fax: (852) 2420-1319
E-mail: info@ctr.com.hk

Professional Indemnity Insurance (HI/03241/000/19/K)

Professional Indemnity Insurance (HI/03241/000/19/K)

India Trademark Registration

India adopts mix-principles of “prior application” and “prior use” for the trademark protection. The trademark law mainly protects the registered trademarks and the used but unregistered trademarks based on “passing-off”. For the infringement on the used but un-registered trademarks, it is necessary to proof that the trademark is famous, and use of the infringe mark may cause confusion and/or misleading to the public. But for a registered trademark, the trademark owner can directly take an infringement action in a much simpler way.

 


The type of registered trademarks include words, names (personal names not allowed), devices, certain three-dimensional shapes, colours (acquired distinctiveness must be proved), slogans, sounds, trade dress/get-up, holograms, collective marks, certification marks, well-known marks, service marks, etc.

 

The Right of Priority on India Trademark Registration:

It is possibility to claim priority in India if the following conditions are satisfied:

  • Applicant’s home country is a signatory to the Paris Convention
  • Applicant’s home application was filed within the fixed period of six months preceding the application in this jurisdiction
  • Registration based on the Madrid Protocol

 

Duration of Application:
10-12 months (if no objections or oppositions arise)

 

Mark Validity:
10 years.

 

Mark Renewal:
Renewal application for 10 years to be submitted 12 months before the expiry or up to 6 months after the expiry.

 

Mark Cancellation:
If a registered trademark has not been used in India by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of at least 3 years, and there are no valid reasons for non-use, any third party can apply for revocation to cancel or remove the registration.

 

For enquiry of the India Trademark Registration, please contact us for free trademark consultation.