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India’s rapidly growing economy offers substantial opportunities for foreign businesses. Securing trademark protection in India is critical for maintaining your brand’s presence in this competitive market. This guide outlines the procedure of trademark application in India, detailing the key steps and necessary documents.
What Can Be Registered as a Trademark in India?
A trademark in India includes any mark that can distinguish the goods or services of one enterprise from those of another. Eligible marks include:
- Words or logos
- Letters, numerals, or 3D shapes
- Colors, sounds, and even scent marks
Key Documents Required for Trademark Application in India
When filing a trademark application in India, the following documents are required:
- Trademark Application Form: Submitted to the Controller General of Patents, Designs, and Trade Marks (CGPDTM).
- Trademark Specimen: A clear representation of the trademark.
- List of Goods and Services: Classified under the Nice Classification.
- Power of Attorney: Required if filing through a representative.
Step-by-Step Procedure for Filing a Trademark Application in India
1. Filing the Application
Submit the trademark application online or by paper submission to the CGPDTM.
2. Formality Examination
The CGPDTM conducts a formality check to ensure all documents are complete.
3. Substantive Examination
A substantive examination follows, where the CGPDTM checks the distinctiveness of the mark and ensures it complies with Indian trademark law. The examination process can take 6-12 months.
4. Publication and Opposition
Once the application passes examination, it is published in the Trade Marks Journal for a four-month opposition period.
5. Issuance of Registration
If no oppositions are raised, the trademark proceeds to registration and the Trademark Registration Certificate is issued.
Duration and Renewal of Trademark Protection in India
A trademark in India is valid for 10 years from the registration date and can be renewed indefinitely for multiple additional 10-year periods. Renewal should be filed six months before expiration.
Why Choose ASL LAW for Your Trademark Registration in India?
Navigating India’s trademark system can be complex, but ASL LAW provides expert assistance to ensure your trademark registration in India is handled efficiently and without delays.
For businesses entering India, understanding the procedure of trademark application in India is essential for protecting your intellectual property. By working with ASL LAW, you can ensure your brand is fully protected and secure in this growing market.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient, and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is a top-tier Vietnamese law firm that provides in-depth legal advice in Vietnam and internationally. If you need any advice, don’t hesitate to get in touch with us for further information or collaboration.
