GENERAL COUNTRY INFORMATION
The Republic of India, whose capital is New Delhi, is the seventh largest country in the world by geographical area. It is the second most populous country in the world, with a population of over 1.1 billion. It's gross domestic product is estimated to be US$4.042 trillion with a per capita of US$3,700.

INDIA Trademark SYSTEM  

HIGHLIGHTS

Legal basis	The Trade Marks Act 1999 and The Trade Mark Rules 2002
Major international treaties signed	Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) Paris Convention Proposed accession to the Madrid Protocol
Cost of obtaining a straightforward registration	Please contact us at  india@mirandah.com
Average time to register a trademark	24 to 36 months
Filing and prosecution procedures	Stage 1: Filing Stage 2: Examination Stage 3: Advertisement Stage 4: Opposition (if any) Stage 5: Registration
Registrable marks	Any distinctive device, brand, heading, lable, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof, may be registered as trademark
Number of classes	42
Multiple class filing	Available
Filing of series marks	Available
Necessary documents	Agent’s Power of Attorney; Priority document if priority is claimed
Electronic filing	Not available
Common objections	Deceptiveness Non-distinctiveness Prior conflicting rights
Opposition term	3 months from availability of advertisement Journal (extendable by 1 month)
Duration of protection	10 years from the date of registration
Restoration of lapsed trademark	Within 12 months from the expiry of the last registration
Compulsory period of use to avoid cancellation action	A continuous period of 5 years from the date of registration up to 3 months before the application to remove the mark is made
Parallel Imports	Allowed
Use	Not necessary for filing purposes, an application can be filed for “proposed to be used” mark. However, non-user for five years after the registration makes it liable for removal
Useful links	www.mirandah.com www.ipindia.nic.in

ENFORCEMENT

HIGHLIGHTS

Outline of the enforcement steps	Civil Infringement pursuant to the Trade Marks Act, 1999  Passing-off Quasi-Criminal Falsifying and false application of a trademark (Counterfeiting) False application of trade description Sale, exposure and possession for sale of counterfeit goods or services False representation of a mark as a registered mark
Civil Remedies	Interlocutory / permanent injunction Damages or account of profits in lieu of damages Order for delivery-up of infringing labels and marks for destruction or erasure
Criminal Sanctions	For Falsifying/false application of trademark or trade description or for sale, etc. of counterfeit goods Minimum imprisonment for 6 months term, extendable up to 3 years with a minimum fine of Rs. 50,000 (USD 1110) extendable up to Rs. 200,000 (USD 4450) False representation of a mark as a registered trademark Imprisonment upto 3 years or monetary fine or both
Others	Enhanced penalty on second or subsequent conviction which include minimum imprisonment of 1 year and minimum fine of Rs. 100,000 (USD2220)
Time frame for various legal actions	12 – 36 months
Alternative dispute resolution	Arbitration Conciliation
Any specialized courts for IP	No

OTHER INFORMATION

Application and Registration Of Trade Marks From 2000 to 2006

Year

Application

Registration

	Local	Foreign	Total	Local	Foreign	Total
2000	67,252	17,013	84,275	N/A	N/A	N/A
2001	79,746	10,490	90,236	N/A	N/A	N/A
2002	88,190	5,930	94,120	N/A	N/A	N/A
2003	76,8001	15,450	92,251	N/A	N/A	N/A
2004	63,906	15,000	78,906	N/A	N/A	N/A
2005	61,928	9,754	71,682	N/A	N/A	N/A
2006	N/A	N/A	85,157	N/A	N/A	N/A

Disclaimer: The information provided above is intended to serve as a general guideline and is not intended as legal advice. The information is correct at the time of printing.