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Trademark System in India |
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. Its gross domestic product (GDP) of 2010 is estimated to be US$4.06 trillion with a per capita of US$3,500.
| Legal basis |
Trade Marks Act 1999 and Trade Mark Rules 2002 effective 15 September 2003; Trademarks Amendment Bill 2009 (yet to be in force)
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| Major international treaties signed |
Paris Convention effective 7 December 1998
Proposed accession to the Madrid Protocol
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
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| Cost of obtaining a trademark |
Please contact us at
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| Average time to obtain a trademark |
24 to 36 months |
| Official language for trademark prosecution |
English or Hindi |
| Registrable marks |
Any distinctive device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof |
| Filing and prosecution procedures |
Stage 1: Filing
Stage 2: Examination
Stage 3: Advertisement
Stage 4: Opposition (if any)
Stage 5: Registration
Stage 6: Renewal
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| Number of classes |
45 |
| Multiple class filing |
Available |
| Filing of series marks |
Available |
| Necessary document for filing |
Power of Attorney
Priority document (where priority is claimed) |
| Common objections |
Descriptiveness
Non-distinctiveness
Prior conflicting rights
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| Extension of office action deadlines |
Available |
| Opposition term |
3 months (extendible) |
| Term of trademark protection |
10 years (renewable) |
| Restoration of lapsed trademark |
Within 6 to 12 months from the expiry of the last registration |
| Parallel Imports |
Available |
| Minimum period of use to avoid non-use cancellation action |
5 years (continuous) |
| Useful links |
Trademark Agents and Attorneys in India
www.ipindia.nic.in |
| Infringement offence |
Available |
| Specialized courts for IP |
Not available. However, Intellectual Property Appellate Board (IPAB) is available to hear appeal against decision made by Intellectual Property Office. |
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 |
| Relief against groundless threats |
Available (Summary Judgment) |
| Declaration of non-infringement |
Not available |
| Preliminary injunctions |
Available |
| Time frame for various legal actions |
12 to 36 months |
| Alternative dispute resolution |
Arbitration
Conciliation |
| Availability of damages and other relief for infringement |
As per below |
| 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
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| 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 go RS. 50,000 (USA 1110) extendable up to Rs. 200,000 (USD 4450)
False representation of a mark as a registered trademark
Imprisonment up to 3 years or monetary fine or both |
| Others |
Enhanced penalty on second or subsequent conviction which include imprisonment and fine |
Application of Patent From 2000 to 2007
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Domestic
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Foreign
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Total
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2000
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67252
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17013
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84265
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2001
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79746
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10490
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90236
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2002
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88190
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5903
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94120
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2003
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76801
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15450
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92251
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2004
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63906
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15090
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78996
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2005
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73308
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12361
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85669
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2006
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88210
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15209
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103419
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2007
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117014
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8600
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125614
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2008
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-
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-
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130172
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2009
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-
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-
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141943
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(Source: Controller General of Patents, Designs & Trade Marks, India)
Disclaimer: The information provided on this website is intended to serve as a general guideline and is not intended as legal advice. Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness and accuracy with respect of the website or the information. Please contact us for further information.
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