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Trademark / Copyright / Brand Name​

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Trademark / Copyright / Brand Name

Who Can Apply For a Trademark?

In the Trademark Registration form, the person whose name is mentioned as the applicant will be declared as the owner of the trademark once the trademark is successfully registered. Any individual, a company and an LLP can be an applicant and may file the application for the registration of the particular trademark.

Registration

Once your trademark is approved the registry will give you a trademark registration certificate. This will officially confirm that your trademark has been registered and is now protected. The registration will be valid for 10 years from the date of the filing of the application. After this period you can renew the trademark again. Renewal can be done indefinitely.

Please Note: A trademark is only protected and valid in India and does not warrant any international status.

Frequently Asked Questions on Trademark Registration

Can foreign applicants also apply for the registration of their trademarks in India?

Under the Madrid Protocol ( the Madrid Agreement Concerning the International Registration of Marks dated 1891 which entered into force on December 1, 1995, and came into operation on April 1, 1996), an international trademark application may be filed through the trademark office of the applicant. This trademark office is also known as the Office of Origin. The Office of Origin receives the application and then forwards it to the WIPO.

What is the Madrid Protocol?

Let’s try and understand this agreement with the help of an example.Imagine you have a trademark application for the mark SKIDROW in India which has already been registered or has been applied for. The next step would be to file an application with the International Bureau (IB) with the details as per the application in India. You can then choose out of the 122 countries that are a party to the Madrid Protocol where you would prefer to file. All the offices that have been selected will receive the same details and the trademarkSKIDROW will be treated as if it was filed in that particular country directly.

Are there any advantages of filing under the Madrid Protocol?

A few of them are listed out:-

  1. Common date of renewal for all the trademarks.
  2. Amendments to the marks will pass through the IB, hence records are maintained facilitating easier audits.
  3. Costs are comparatively lesser.
Are there any advantages of filing under the Madrid Protocol?

A few of them are listed out:-

  • Common date of renewal for all the trademarks.
  • Amendments to the marks will pass through the IB, hence records are maintained facilitating easier audits.
  • Costs are comparatively lesser.
How does one register a trademark under the Madrid Protocol?
  1. ApplicationThe trademark must be registered or at least applied for with the Indian Trademark Office in order for it to be eligible for filing under the Madrid Protocol. The Indian Trademark Office will then certify that the details in the international application are the same as those in the basic application/registration. The date on which the international application was filed is also to be made note of and then the application is forwarded to the WIPO.
  2. WIPO ExaminationThe WIPO, on receiving the application, then conducts a formal examination in order to verify the compliance of the application with the statutory requirements. On the observation of any irregularities found, the necessary changes for the same need to be done within three months. If it is not remedied within the stipulated time, the application stands “Abandoned”.
  3. WIPO PublicationIf all the steps until this point are correctly done, the application is recorded in the International Register and published in the WIPO Gazette of International Marks. A certificate of International Registration will be sent to the applicant by the WIPO. Further, the WIPO will notify all the other trademark offices of the fact that the applicant has chosen to extend the protection of that particular mark.
  4. Examination by the Trademark Office of the Designated Country The Trademark Office of the Designated Country further examines the application for verification with the applicable laws as per that particular country. Within 12-18 months, the acceptance or refusal of the application will be conveyed to the WIPO, who in turn will inform the applicant about the decision of the trademark office of the Designated Country.
  5. Advertisement and RegistrationThe mark will then be advertised in the Indian Trademarks Journal where it shall be open to third party opposition for a period of 4 months. In the absence of any opposition after the period of 4 months, the protection for the trademark will be granted by the Indian Trademarks Registry.
Can the Madrid Protocol application be amended and renewed?
  1. The application with respect to those that are designating India need to be made only at WIPO, who in turn will notify the Indian Trademark Office. Any amendment to be made in the application can be made by filing a single application at WIPO which will be reflected in all the other designating countries.
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