India
| Legal Basis | Trade Marks Amendment Act 2010
Trade Marks Amendment Rules 2013 |
| Major international treaties signed |
|
| Cost of obtaining a straightforward registration | Please contact us at india@mirandah.com |
| Average time to obtain a trademark | 24 to 36 months |
| Official language of trademark prosecution | English or Hindi |
| Registrable marks | Any distinctive device, monograms, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof, sound marks when represented in conventional notation or described in words by being graphically represented. |
| Filing and prosecution procedures | Stage 1: Filing Stage 2: Examination Stage 3: Advertisement Stage 4: Opposition (if any) Stage 5: Registration Stage 6: Renewal |
| Number of classes | 45 (Nice Classification) |
| 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 |
| Extension of office action deadlines | Available |
| Opposition term | 4 months |
| 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 Enforcement Steps | Civil Infringement pursuant to the Trade Marks Act, 1999 Passing-offQuasi-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 |
| 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 |