Trade MarkFilling Requirements1. A simply signed Power of Attorney; this can be filed after filing the application. 6. From which date (day, month and year) the mark is being used in India. If not used in India, mention ‘proposed to use’. If the mark is used only in respect of a few of the goods/services listed, date (day, month and year) since when the mark is used in India and items of goods/services in respect of which the mark has actually been used. Such use could be by the applicant(s), predecessor or assignor, etc. 1. A simply signed Power of Attorney. 1. A simply signed Power of Attorney. 1. A simply signed Power of Attorney in the new name and/address. Change of Address Applications FAQT1: How long will it take to conduct a trademark search? T2: Does India use the International Classification? T3: Are there any goods or services for which the mark cannot be registered? T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class? T5: Can a trademark be registered in the name of more than one applicant (i.e. joint application)? If so, what are its requirements? T6: Can an application be filed claiming priority without priority documents? If yes, what is the deadline for filing the documents? T7: Can one application cover more than one class of goods/services? T8: May priority be claimed under the Paris Convention? T9: What is the term of protection of a trademark? From what date is it calculated? T10: Is marking compulsory and, if so, how should marking be made? T11: In case a trademark is not renewed in due time, and another company register the same trademark, can the original owner oppose the registration or not? T12: Can a mark in a trademark application be amended? T13: Is use required before registration or for maintaining the registration in force? T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration? T15: What are the types of use required? T16: Can the assignment of an application be recorded? T17: Is recording a license agreement compulsory? What are the consequences of non-recordal? T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications? T19: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned? T20: Can the trademark application be opposed and what is the opposition period? Summary India is a member of the Paris Convention for the Protection of Industrial Property; hence an applicant can claim priority of up to 6 months as per the convention. The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement which consists of 45 classes is followed in India. Multi-class applications are also allowed, but statutory fees remain the same whether a single application is filed for goods/services falling in different classes or a separate application is filed with respect to each class of goods/services. 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 there are any objections to the registration, an examination report is sent to the applicant. Except in a few cases, examination reports are issued as a matter of practice. Once an examination report is issued, the applicant or his representative has to reply in writing to the report within one-month of the date of receipt. If the Registrar is not satisfied, he will call the applicant for a hearing. In case the application is rejected, the applicant can file a request for the review of the order of the Registrar. If the application is again rejected, the applicant can file an appeal before the Intellectual Property Appellate Board. (The applicant can invoke the writ jurisdiction against the decision of the Appellate Board). If the trademark application is accepted, it will be published in the Trademarks 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. In case of an opposition, the Registrar - after hearing both sides- would give his decision. Either of the parties may file an application to review the Registrar’s decision within one month from the date of such decision. After such review or without applying for such review, any party may make an appeal to the Intellectual Property Appellate Board within 3 months from the Registrar’s decision. After the registration of the trademark, plea for cancellation of the trademark pleading that the registration of the trademark is invalid should be prosecuted before the Appellate Board. A trademark registration is valid for 10 years as of the date of filing the application and renewable for periods of 10 years perpetually. An application for the renewal of the mark should be made within 6 months before expiration. The mark can also be renewed by paying surcharge within 6 months after the expiry date. If not renewed within the said 6 months, the mark would be removed from the register of trademarks. An application for restoration and renewal can be filed within one year from the date of the expiration of the registered trademark. If no action is taken within the said one-year period, a fresh application for the registration of the mark is to be filed. The assignment of a trademark can be recorded while an application for the registration of the mark is pending, or after the mark is registered. In case of registered marks, unless an assignment has been entered against the trademark in the register, the assignment cannot be enforced. Assignment can be made in respect of either all goods or services in respect of which the trademark is registered, or of some of those goods or services. If the assignment of the trademark is without the transfer of the goodwill of business, it has to be registered with the Trademarks Registry within 6 months from the assignment deed; otherwise the assignment shall not take effect. Use of marks in India is not compulsory for filing applications or necessary for maintaining registrations in force. However, a registration is vulnerable to cancellation on the submission of an application by any aggrieved person, if the trademark has not actually been used during the 5 years immediately preceding the application for cancellation, or that the trademark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods or services by him, and in fact there has been no bona fide use of the trademark in relation to those goods or services up to a date 3 months before the date of the application for cancellation. Unauthorized use of a trademark registered under the law or an imitation of such trademark applied on goods and services of the same class, or sale, storing for the purpose of sale, or exhibiting for sale of goods and services bearing a counterfeited mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods or services of the same class are offenses punishable under the law. Well-known trademarks in the international market whether registered in India or not and known to the substantial segment of the public, which uses or receives such goods, are recognized by the law. |
India IP Procedures & Filling Requirements |
PatentsFilling Requirements1. A simply signed Power of Attorney; this can be filed after filing the application. Assignment Applications
FAQ P1: Can a patent search be conducted? P3: What are the time periods for national phase entry under chapters I and II of PCT ? P5: What is the term of protection of a patent and from which date is it calculated? Can it be extended? P6: Is there a novelty requirement? Is it local or worldwide? P7: Is one year period allowed for commercial exploitation before filing a patent application? P8: Are utility models granted protection in India under the current law? P9: Is patent protection available for software alone, or must the software be coupled with computer hardware in order to permit patent application? P10: Can the specifications or claims be amended? P11: Should annuity payments be made before the granting of the patent? P12: In what language should specifications and claims of the patent be filed? P13: Is working of the invention required to keep protection in force and, if so, can the working requirements be satisfied by importation or nominal working? P14: What are the conditions that might lead to a compulsory license? P15: Must assignments be recorded within a certain period? P16: Does the Patent Law provide for licenses or registered users? P17: Does the Patents Office publish the patent applications in the Official Gazette? Summary Under the Paris Convention, an application should be filed in India within 12 months from the date of the basic application filed in the home country of the applicant. For national phase entry under the Patent Cooperation Treaty (PCT)- as against the minimum period of 30 months prescribed by the PCT- the Indian law allows 31 months to enter into National Phase from the earliest priority date. Amendments made to the international application in response to the Search Report or Preliminary Examination Report can be considered as amendments made to the patent's specifications at the option of the applicant(s). All applications are published after 18 months of the priority date or filing date of the application whichever is earlier. In case of national phase applications under the PCT, they are published immediately after filing, as 18 months from the priority date would have been generally over. An applicant can request for an early publication too. A request for examination has to be filed within 48 months from the date of priority. Patent applications are examined in the order of filing request for examination with respect to compliance with the formalities and patentability requirements. Novelty is not limited to India. A novelty examination generally takes into consideration any specification previously lodged with the Patent Office, any patent previously granted in various countries and any other materials an examiner treats as relevant. The Patent Office may ask to make amendments that it deems necessary to conform to the requirements. A patent will remain valid subject to the payment of the prescribed annuity (annual fees). The annuity is to be paid only after the issuance of the patent. The rights conferred by a patent on the registered patentee expire on the lapse of the protection period as prescribed by the law, lawful assignment of the patent rights, final court decision to this effect or nonpayment of the annuity fees. The Indian Patents Act, 1970 was amended in 2014 with effect from February 28, 2014. The official amendments can be downloaded from this link. The main highlights are as follows: 1. A new category of applicant in the form of “small entity”. Thus, the applicants are classified as – individual, small entity and other entity. 2. The official fee of “small entity” is half of the official fee for an “other entity”. 3. A new Form 28 is to be submitted to claim the benefits associated with the applicant’s status of “small entity”. 4. The official fee is doubled. 5. 10% surcharge on official fee for documents which are not filed electronically. 6. A new Form 7A for filing of pre-grant opposition. How to determine whether an applicant is a small entity or other entity? a. When the applicant is engaged in the manufacture or production of goods, where the investment in plant and machinery does not exceed INR10 million, the applicant will be considered as a Small Entity. b. When the applicant is engaged in rendering services, where the investment in equipment does not exceed INR5 million, the applicant will be considered as a Small Entity. c. When the applicant is engaged in the manufacture or production of goods where the investment in plant and machinery exceeds INR10 million, the applicant will be considered as an Other Entity. d. When the applicant is engaged in rendering services, where the investment in equipment exceeds INR5 million, the applicant will be considered as an Other Entity. e. When we claim Small Entity status, we need to submit proper documents to establish the status. For claiming the status of small entity, we must file Form 28 along with the relevant documents at the Indian Patent Office. If the applicant is a “small entity”, the supporting documents must be provided to establish the status of the applicant. |
Copy RightsRequirements 1. A simply signed Power of Attorney. FAQC1: Is copyright protected in India? C2: What types of items are protected by copyright law in India? C3: What is the length of protection of a copyright in India? C4: Is registration of a copyright compulsory? C5: What kind of sanctions does your copyright law provide against infringers? C6: Are there any limitations of copyright in your jurisdictions? C7: Must transfer agreements be recorded? C8: Must license agreements be recorded? C9: Are there any consequences of non-recordal of agreements? SummaryThe Copyright Act of 1957 governs the protection of copyright in India. Protection covers original literary, dramatic, musical and artistic works, cinematograph films and sound recording. |
DesignRequirements 1. A simply signed Power of Attorney; this can be filed after filing the application. 1. A simply signed Power of Attorney.
1. A simply signed Power of Attorney. FAQD1: Are designs registrable in India? D2: Should the design application be filed under the form of drawings and/or photographs, the size thereof and the number of views? D4: Can convention priority be claimed in India (Paris Convention)? D5: Does India use the international classification? D6: Are there any goods for which a design cannot be registered? D7: Is the assignment of the creator compulsory for a design application? D8: Is there any deadline to apply for the publication of a secret filing of a model/design? D9: Are there any special advantages in filing a model or a design in a secret form? D10: Is it possible to file more than one design in the same application? If yes, are there any advantages in doing so? D11: What is the term of protection of a model or design in India? Can this term be extended? D12: Is use required to maintain a registration of a model or design in India? D13: Are designs/models protected by copyright law as well? D14: Are there provisions in your law to oppose a model/design registration? D15: Is it possible to apply for cancellation of a registered model/design? SummaryAs per the Paris Convention, an applicant can claim priority of up to 6 months in India. The International Classification for Industrial Designs under the Locarno Agreement (32 Classes) is implemented in India, although India is not a party to the Agreement. Industrial designs are protected in India through registration with the Patent Office. The Indian Designs Act, 2000 was amended in 2014 with effect from December 30, 2014. The official amendments can be downloaded from this link. The main highlights are as follows: 1. A new category of applicant in the form of “small entity”. Thus, the applicants are classified as – individual, small entity and other entity. 2. The official fee of “small entity” is half of the official fee for an “other entity”. 3. A new Form 24 is to be submitted to claim the benefits associated with the applicant’s status of “small entity”. 4. The official fee is doubled. How to determine whether an applicant is a small entity or other entity? a. When the applicant is engaged in the manufacture or production of goods, where the investment in plant and machinery does not exceed INR10 million ($1,626,016), the applicant will be considered as a Small Entity. b. When the applicant is engaged in rendering services, where the investment in equipment does not exceed INR5 million ($813,008), the applicant will be considered as a Small Entity. c. When the applicant is engaged in the manufacture or production of goods where the investment in plant and machinery exceeds INR10 million ($1,626,016), the applicant will be considered as an Other Entity. d. When the applicant is engaged in rendering services, where the investment in equipment exceeds INR5 million ($813,008), the applicant will be considered as an Other Entity. e. When we claim Small Entity status, we need to submit proper documents to establish the status. For claiming the status of small entity, we must file Form 28 along with the relevant documents at the Indian Patent Office. If the applicant is a “small entity”, the supporting documents must be provided to establish the status of the applicant. |
Domain NameRequirements An application form which can be submitted by mail, email or fax. SummaryDomain names with the following extensions can be registered in India: .in: Country Code Top-Level Domain |
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