Q. Is there a time frame for the trademark
registration?
Q. If I register my trademark in the India,
do I have protection in other country?
Q. Do I need to sign a Power of Attorney or
TM-M?
Q. Are there any benefits from a pre-filing
use of the trademark?
Q. Will there be problems in case I don’t
use my trademark after registration?
Ans. Yes. Not using your trademark makes it
vulnerable to cancellation or revocation.
Q. What
are the types of trademark that can be registered in the India?
Q. What are the phases of application after
a trademark has been filed in the India?
Ans. The application will go through 4
phases:
Application:
Q. Is there a time frame for the trademark registration?
Ans.
The average time frame for the registration approval is 6 -7 months, if no
objections or oppositions arise.
Q. If I register my trademark in the India,
do I have protection in other country?
Ans. When you register your trademark in
the India, it will be protected in India. Although while making an application
for Trademark in global country you can priority claim.
Q. Do I need to sign a Power of Attorney or
TM-M?
Ans. Yes. If It is being filed by a
Trademark Agent or Attorney and will be needed. It is not a filing requirement,
if it is being filed by Applicant of the Trademark in India.
Q. Are there any benefits from a pre-filing
use of the trademark?
Ans. Yes.
There are a number of benefits from pre-filing use:
Show distinctiveness of mark
Dismiss oppositions based on non-distinctiveness
Invalidate a similar registered mark if use is earlier than the date of
its application
Establish reputation and obtain better protection
Q. Will there be problems in case I don’t
use my trademark after registration?
Ans. Yes. Not using your trademark makes it
vulnerable to cancellation or revocation.
Q. What
are the types of trademark that can be registered in the India?
Ans. Registrable marks are those that can
be interpreted graphically and can make the business distinct from its
competitors: words, slogans, names, devices, sounds, scents, holograms,
motions, touch, taste, 3-dimensional shapes and colors.
Q. What are the phases of application after
a trademark has been filed in the India?
Ans. The application will go through 4
phases:
Application:
Examination – The application must comply
with respect to formalities, classification, descriptiveness, distinctiveness
and clarity.
Publication in Trademark Journal– The
filing details will be posted online including the mark itself, goods/services
involved, applicant’s name and address, date and number of application,
information about priority claim, and the trademark’s representation.
Registration – After the prosecution, and
if no opposition was filed, the issuance of registration will come next.
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