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