Important points of Trademark Registration in India by a Foreign Company
Trademark Registration
Registering a trademark in India as a Foreign Company involves several steps. Here’s how to go about it:
1. Start with the Eligibility
–A Trademark in India: A trademark in India can be a word, symbol, logo, slogan, or combination of these used to distinguish goods/services.
– Uniqueness: Ensure that the mark is distinctive and not similar to existing registered trademarks in India.
2. Conduct a Trademark Search
– Search Database: Use the Indian Trademark Registry’s online search tool to check if your mark or something similar is already registered or pending registration in India.
3. Select the Appropriate Trademark Class
– Classes: India follows the Nice Classification, which categorizes goods and services into 45 classes. Determine the correct class(es) under which you should register your trademark.
4. Appoint an Indian Trademark Attorney/Agent
– As a foreign entity, it’s advisable to appoint a local trademark attorney or agent who is familiar with Indian trademark law. This representative will handle the application process on your behalf.
5. Prepare and File the Application
– Application Form: Use Form TM-A for trademark registration.
– Details Required:
– Applicant’s name, nationality, and address.
– A representation of the trademark.
– Description of goods/services under the appropriate class.
– Basis of use (whether the mark is already in use or proposed to be used).
– Claiming Priority: If you’ve applied for the mark in the U.S. or other countries within the last six months, you can claim priority under the **Paris Convention**.
– Filing Method: You can file the application online through the Indian Trademark Registry’s website or manually through one of the regional offices.
6. Examination by the Trademark Office
– After filing, the Indian Trademark Office will examine the application for any conflicts with existing marks and compliance with legal requirements.
– Office Actions: If there are any objections or issues, the office will issue an examination report. Your attorney must respond to this report within the specified time frame.
7. Publication in the Trademark Journal
– If the application passes the examination, the mark is published in the **Trademark Journal** for public opposition.
– Opposition Period: There is a 4-month period during which third parties can oppose the registration of the trademark. If opposed, your attorney will need to respond, and the case may go to a hearing.
8. Registration
– If there is no opposition or the opposition is resolved in your favor, the trademark will be registered, and a Registration Certificate will be issued.
9. Maintain and Renew the Trademark
– Validity: A trademark in India is valid for 10 years from the date of application.
– Renewal: It can be renewed indefinitely every 10 years by filing the renewal application (Form TM-R) and paying the applicable fee.
10. Enforcement and Monitoring
– Monitor: Regularly monitor the market for potential infringements.
– Legal Action: Take legal action if any infringement occurs to protect your trademark rights.
NOTE: Recently In the Tesla Case , Legal Action has been taken by Tesla on Infringement of their Mark in India.
11. Madrid Protocol (Optional)
– If your U.S. company has already registered a trademark in the U.S., you can use the Madrid Protocol to apply for trademark protection in India by filing an international application through the USPTO, designating India as one of the countries.
Resources you can find relevant:
– Indian Trademark Registry: [https://ipindia.gov.in](https://ipindia.gov.in)
– Trademark Search: [http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx](http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx)
Engaging a local trademark attorney in India is highly recommended to navigate the legal requirements and ensure a smooth registration process.
For More Details regarding the process of smooth registration Contact Us at infocolegal01@gmail.com
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Stay Tuned , we will be Explaining the process of registration of Trademark in the US in our next Blog.
