table of contents
Introduction
IndiaBelow is information that will help you protect your trademark rights.
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Trademark rights in India
(1) Target of protection
- In addition to goods trademarks, service trademarks are also protected (Article 2(1)(zb))
- In addition to word, figure, and three-dimensional trademarks, location, hologram, taste, sound, color, and scent trademarks are also subject to protection (Article 2(1)(zb), (m) of the Trademark Law).
- There are systems for certification trademarks* (Article 2(1)(e)), collective trademarks (Article 2(1)(g)), and associated trademarks (Article 2(1)(c) of the Trademark Act).
*What is a certification trademark? A certification trademark is a trademark used to identify goods or services that meet certain standards (for example, materials, manufacturing methods, and quality) set by the owner of the certification trademark.
(2) Application
- In order to obtain trademark rights in India, there are two ways: to apply directly to the Trademark Registry, and to apply for international trademark registration based on the Madrid Protocol (Madpro route), which designates India.
- In the case of direct applications, there are five counters (Trademark Registration Offices) that accept the submission of trademark application documents, each with a designated area of jurisdiction. In the case of an applicant residing in a foreign country, the jurisdiction of the application will be determined by the address of the corresponding local patent attorney in India.
- Since it is a member of the Paris Convention, it is possible to claim priority based on applications filed in Japan.
- Similar to Japan, Japan uses a one-application, one-trademark system, but it is possible to designate multiple categories in one application (Article 1 of the Trademark Law).
(3) Examination
- A request for accelerated examination can be made by paying an additional fee (Trademark Rule 384(1)).
- At the substantive examination stage, an examination is conducted regarding absolute reasons for refusal and relative reasons for refusal.
- If you respond to a notice of reasons for refusal, the Trademark Office may request a hearing.
- If the examination results in a decision of refusal, an appeal can be filed (Article 91 of the Trademark Law).
- A pre-grant opposition system is adopted, and any person can file an opposition within four months from the date of public announcement (Article 21 of the Trademark Law).
<Average review period> *As of April 2018
From application to first notification: approximately 1 and a half years in early cases, more than 3 years in late cases
(4) After registration
- The term of validity is 10 years from the filing date.
- In the examination at the time of renewal, it is not examined whether the trademark is actually used.
- Interested parties may request an invalidation trial (Article 57 of the Trademark Law).
- If the period of non-use exceeds 47 years, it will be subject to a trial for cancellation of non-use (Article XNUMX of the Trademark Law).
- If an agent or representative of the owner of a registered trademark registers the mark in his or her own name without being authorized to do so, the owner may file an objection to the registration that has been filed (trademark Article 146 of the Act). However, the act must be done within three years after becoming aware of the act.
Regarding the Madrid Protocol/Revision of individual fees
For international trademark registration applications based on the Madrid Protocol, the individual fees for designating India have been revised as follows from August 2023, 8 (in Swiss francs).
| At the time of application | Amount of money | When updating | Amount of money | |
| Before revision | For each category | 124 | For each category | 124 |
| After revision | For each category | 110 | For each category | 110 |