COUNTRY: INDIA

Brief

With a population of over 1 billion, India is one of the world largests democracy. The Indian economy presents a diverse mixture of the traditional and modern, encompassing a wide range of industries from farming, agriculture, handicrafts, manufacturing, business process outsourcing to IT.

After numerous consultations with WIPO for several years, India has finally publicized that it will join the Madrid system for the International Registration of Marks at the end of 2010.

The Intellectual Property Office has recently switched to web-enabled services and has commenced e-filing of trademark applications. 

IP Authority

Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM)

Intellectual Property Appellate Board (IPAB)

Main Trade Mark Legislation

Trade Marks Act, 1999

Trade Marks Rules, 2002

Geographical Indications (No. 48), Act, 1999

Geographical Indications (Registration and Protection), Rules, 2002 

Treaties

Paris Convention

TRIPS Agreement

Nairobi Treaty

 Multi-Class Application

Available

Series Mark Application

Available

Approx. Time Frame of a Straightforward Application

At least 24 months.

Opposition Period

3 months from the publication date.

Filing Requirements

Applicant’s name

Applicant’s address

Country of incorporation

Specimen of mark

Specification of goods / services

Power of Attorney.

Registrable unconventional trademarks

3-Dimensional mark

Colour mark

Sound mark

Smell mark

Movement mark

Term of Registration

10 years from the date of registration.

Non-Use Period for Cancellation

5 years

Renewal Term

10 years from the renewal date of the registration.

Border Enforcement by Customs Official

Available

Notice:
All information provided by LJ Vernus in this document is provided as a source of general information. While efforts have been made to ensure the accuracy of the information in this document, it should not be treated as the basis for formulating formal decisions without professional advice.