INDIA

Trademark Prosecution

Registrable Trade Mark

Distinctive Device
Monograms
Brand Name
Heading
Tickets
Label
Name
Signature
Word Mark
Shape of Goods
Series Mark – Allowed
Multiple class – Allowed
Packaging or combination of colors or any combination thereof and sound marks.

Application Requirement

1. Name of the Mark/Logo/Device prints or representation
2. Name, Nationality and Address of the Applicant
3. Status of Applicant i.e. company or individual (Manufacturer / Trader )
4. Date of first use – if use is claimed, an affidavit of use and documentary evidence must be filed. If unavailable, Statement of Intention to Use must be submitted.
5. Specification of the Goods/Services and Class (No Limitation on the number of specification of goods/services).

Documents Required

1. Power of attorney simply signed. Must be filed within one (1) month from filing date.
2. Certified copy of the Priority Document in English Language.

Patent Procecution

1. Paris Convention Route : 12 months from priority date.
2. PCT National Phase Route: 31 months from earliest priority date.
3. Copy of Specification, Claims, Abstract and Drawings in English Language.
4. Power of Attorney duly signed within 3 months from filing the application.
5. Deed of Assignment duly signed and executed within 6 months from filing
6. Certified true copy (CTC) of the priority document – within 12 months from priority or within 3 months from notification by Patent Office [for PCT Route]
7. Published PCT application, International Search Report, IPER, etc. [for national phase]
8. Full name, address, nationality of applicant and inventors

Allowed with Cost

Extension of time for responding to Office Action

Renewable for every 10 year.

Renewal

Certified true copy of the Priority Documents.

Where Priority is claimed

Within 3 months

Publication Period

5 – 10 months

Time frame for Registration

10 years

Registration Protection Period

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