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Multiple class applications
In India, Multiple class trademark applications are possible.
Filing requirements in India
In India, English or Hindi is the official language of the trademark registration.
It is important to provide the Indian Patent Office with:
– name, legal status, nationality and complete address of the applicant
– class(es) of trademark
– mark to be applied for;
– details of priority, i.e., date and country, Application Number
– details in the form of (DD/MM/YY) if the mark is being used in India or intent to use, then an affidavit of use has to be filed along with the application
– specification of goods or services
A certified copy of the Priority Document must be submitted within 2 months from the date of filing. If the priority document is in any other foreign language, then a certified translation of the document must be provided with it.
The applicant must submit a certified copy of the Priority Document to confirm priority right together with its English or Hindi translation. Legalization or notarization is not necessary.
Examination, publication, and opposition to a trademark application in India
The trademark application undergoes a complete formal and substantive examination. It includes a search for conflicting marks and an examination of distinctiveness. The application in India may be opposed by any person within 4 months from the publication of the application.
Grant, validity term and trademark renewal
In India, a registered trademark is valid for ten years from the filing date. It can be renewed unlimited times for a period of ten years. Its renewal shall be filed within one year prior to the expiration date.
Duration of the registration procedure
In India, it takes approximately 12-14 months of processing time in case of a smooth registration procedure.
In India, if a trademark is not used for a continuous five years from its registration date, then that trademark gets canceled.
Representation by a trademark attorney
All foreign applicants require a registered India trademark attorney/agent for performing trademark registration. Further, for the foreign applicants, it is mandatory to provide the trademark office with the Indian address for correspondence.
If you have any queries related to the Trademark Filing in India, please contact the IIPLA team. We will be more than happy to resolve your queries free of cost.
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