Legal basis is the Trademark Act of 1999, which came into force on September 15, 2003 and was subsequently amended by the Trademarks (Amendment) Act, 2010. The Madrid Protocol came into effect with respect to India on July 8, 2013.Trademark protection is obtained by registration. An unregistered trademark may be protected due to prior use and reputation.
- The name, address and nationality of the applicant.
- If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner.If the applicant is a company, the country or state of incorporation.
- Soft copy of the trademark to be registered. If the mark contains or consists of non-English words, a translation of those words into English is required.
- A list of the goods/services and the corresponding class as per Nice Classification.
- A simply signed Power of Attorney.
- The application for registration can be filed with the Trade Marks Registrar office.
- Once a trademark application is filed, it is examined as to its registrability which includes distinctiveness, deceptiveness, etc. and availability based on the existence of prior trademarks registered or pending applications.
- If, following examination, the trade mark application is considered allowable, a Letter of Acceptance will issue, after which the trademark will be published in the Trade Marks Journal.
- An opposition to the registration of a trademark may be filed before the Registrar by any person or through an authorized representative/agent within 4 months from the date of the publication.
- In the absence of an opposition, the relevant certificate of registration will be issued.
- Trademark Registration is process takes around 18-24 months.
Duration and Renewal: A trademark registration is valid for 10 years as of the date of filing the application and renewable for periods of 10 years perpetually.