Trademark Registration in India
Trademark Registration in India
The registration of a trademark in India which grants us the various protection for our brand. This can help to reach out your brand value and the reputation of the brand in the foreign markets. India offers various benefits for registered businesses. India stands out as a beacon of business opportunities for the foreign enterprises which helps their brand identity and protects their intellectual value. India which supports and promotes the foreign business opportunities inside the country. Registering your trademark in India is one of the best things for the businessman who is carrying their business in India.
What is a trademark in India?
Section 2(zb) of the Trade Marks Act 1999 defines a “trademark” as a mark capable of being represented graphically and capable of distinguishing the goods or services of one person from those of another, and may include a combination of the shape, packaging, and color of goods ……”
Trademarks Registration in India are listed by the controller general of patents designs and Trademark, Ministry of Commerce and Industry, Government of India. Trademarks need to be registered under the Trademark Registration Act 1999, the trademark registration in India that paves trademark owners to sue for loss and damages when infringement takes place. A registered trademark is used to protect the company brand or symbol.
Essentials for Trademark Registration in India
- A trademark is a visual representation that can be made for words or symbols with different types of numeric characters used by businesses to distinguish the goods or services of one person from those of another.
- The trademark must be capable of being represented graphically.
- The trademarks registration in India is mandatory because that provides exclusive identity for the registered goods and services to the consumers and the trademark registration done through online.
Trademark Registration in India by foreign nationals
Foreign nationals are attracted to the Indian market to expand their business because of efficient growth with a high consumer system. After that, If a foreign company intends to start and expand its business activity in India, Trademark registration online is necessary to safeguard their intellectual property rights.
In India, the Trademark Act provides similar protection to a foreigner or a foreign company in a similar manner as that of an Indian company.
The registration of trademarks by foreign nationals and foreign companies protects them from infringement by the business that is similar.
What are the benefits of registering a trademark in India by foreign nationals?
Trademark Registration acts as prima facie evidence of ownership and provides legal protection in India against duplication. It helps to prevent others from using your registered trademark.
Trademark registration in India provides legal protection to foreign nationals to protect their trademark from unauthorized use.
Registration of Trademarks by foreign nationals helps them to expand their business in the country, they can attract a wide range of consumers where the profit of the company has increased.
Registration of trademarks in India provides the registered trademark owner with financial support from investors with loan and other kinds of financial assistance. After that, the funding for the company became easier by way of trademark registration.
In general,trademark registration by foreign nationals in India grants them legal protection with an exclusive right to use their mark without any infringement. Trademark registration in India through online is an excellent choice for foreign nationals to expand their business across the nation.
Documents required from a foreign citizen/company to file a Trademark Application
Before applying for the registration of a trademark in India, foreign nationals need to understand what kind of documents are presented for the application to be validated. The document provided for the application needs to be specific, not extensive
- Power of Attorney for Trademark
- Application details from home country
- Evidence of use
- Applicant's details of trademark-registered countries
- Details of goods and services that are provided for trademark registration.
- The prior documents for registration.
Foreign applicants must submit the required documents for filling out their application for registration in India. The documents that are provided by them in online trademark registration need to be proper otherwise the application will be rejected, and the process of application that starts again.
How to Register a Trademark in India?
There are two ways for a foreign company to file a trademark application in India
Direct application
By engaging a trademark attorney in India, a foreign company can easily file an application for trademark registration in India with the Indian Trademark Office and obtain protection in India. This is also the easiest and most cost-effective way.
Madrid portal
According to the Madrid portal agreement foreign nationals can register their trademark in multiple countries by filling a single online application. The Madrid portal is controlled by the WIPO (World Intellectual Property Organisation), India has also been part of the Madrid portal since 2013.
The foreign proprietor who has an international trademark and wants to register that same trademark in India to protect them from infringement. The foreign proprietor can make an online application for registration of their trademark through this Madrid portal if their country is a member of the Madrid portal.
The procedure for filing an international trademark application through the direct filing method?
- Find an Indian Trademark Attorney
- Conduct the TM search
- Documentation
- Filing the application
- Examination and Reply
- Publication in journal
- Opposition task (if any)
- Registration
The procedure for filing an international trademark application under the Madrid Protocol?
Step 1: The basic application
The basic application is nothing more than the application filed in the home country. This must be filed together with the international application.
Before applying for trademark registration in India, the foreign national needs to apply or register or apply for trademark registration in their home country. Then only they can apply for trademark registration online without registration in their own country and cannot apply for basic application in India.
Step 2: Certification of the mark
Once the international application has been filed with the trademark office of the country of origin, the trademark application is forwarded to WIPO after the international application has been certified.
The register will record the international application after receiving record advice from WIPO regarding international application he will make trademark registration in india.
Step 3: Examination by WIPO
The World Intellectual Property Organisation examines the international application and publishes it in the WIPO Gazette. When there is no opposition to international registration then the register will notify the WIPO of its acceptance of the international trademark for the international registration within 18 months from the advice of WIPO.
Step 4: Certification by WIPO
Once the examination process has been successfully completed, WIPO issues a certificate of registration and notifies it to the IP offices where the applicant has sought protection.
Step 5: Substantive Examination
The Indian Trademark Offices (where the applicant sought protection) will conduct a further substantive examination. If the Indian Patent Office is satisfied and finds that there is no deviation in the application, it will grant protection in India.
Advantages of Madrid protocol
- Madrid protocol helps for the easiest way of registration for their trademark because it reduces their time and formalities for registration of their trademark in different countries. Filing a trademark through one application in Madrid protocol eliminates various filing procedures in each country.
- Expenses for registration in multiple countries are reduced by the Madrid protocol.
- Registration through the Madrid Protocol is a speedy procedure
- Their no language constraints in the Madrid protocol
- A single application system reduces the task of hiring new agents in other countries for the registration
- Ensure the nation's economic growth
Difference between Madrid Protocol and Direct application
| S.N O | Direct Application | Madrid Protocol |
|---|---|---|
| 1 | New attorney needs to be hired for the registration process | In Madrid, the new attorney need not be appointed; they can continue with the same attorney in the home nation |
| 2 | Trademark search is necessary for direct application | The applicant conducted a trademark search on WIPO |
| 3 | easiest and most cost-effective way. | Expenses for registration in various countries are reduced by the Madrid protocol |
| 4 | Protection only in that country | The respective foreign countries under WIPO receive protection |
| 5 | Language constraints | No language constraint |
| 6 | Infringement or misuse of trademark foreigners who have a trademark registration in India can take legal action. | Infringement in international trademark registration under the Madrid protocol can get the same legal protection that is granted in India. |
| 7 | The validity of registration up to 10 years; after that, they need to make another application for renewal with the same procedure. | As same as direct application in the Madrid Protocol international trademark obtained in India is valid up to 10 years; a grace period of 6 months is granted to the foreigners to renew their trademark registration in India |
To what extent are foreign trademark registrations recognized in India?
- A trademark application for registration of a similar or identical mark by the same applicant
- Infringement and passing off actions are one of the extents of a foreign TM recognised in India.
- The international trademark that has been obtained in India will be valid for 10 years after that they need to file for a renewal process and their trademark can be renewed after that as prescribed in trademark rules.
FAQ
FAQ ON TRADE REGISTRATION IN INDIA
Whether the foreign applicants need to follow the same process of trademark registration followed by other applicants?
Yes, The foreign applicants need to follow the same procedure for registration of a trademark as followed by other applicants in India. Until they don't register their trademark in their home country , the procedure will be varying for foreign applicants. So if they were a direct applicant the registration procedure would be the same for the foreign applicants.
What will be the reason for foreigners to register their trademark in india?
The major reason why the foreigner tends to register their trademark in India is to expand their business and their brand can be easily recognized by a large group of individuals. By registration, the applicants get legal protection from infringement so only foreigners tend to register in india.
What are the major types of Trademark registration by foreigners in india?
Direct application:
By engaging a trademark attorney in India, a foreign company can easily file a trademark application in India with the Indian Trademark Office and obtain protection in India. This is also the easiest and most cost-effective way.
Madrid portal:
The foreign proprietor who has an international trademark needs to be registered in India to protect their mark from infringement. The foreign proprietor can make an application for registration of their trademark through this Madrid portal if their country is a member of the Madrid portal.
Whether the validity period of renewal is the same for foreign trademark registration applicants?
Yes, the validity period of trademark registration was the same for both foreign and domestic in case the foreign business was a direct applicant but if they followed the Madrid Protocol international trademark and obtained the trademark in india then the validity period for renewal can be upto 10 years grace period of 6 months is granted to the foreigners to renew their trademark registration in india.
Trademark Registration in India
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