Brand protection India is ensured by registering a TM with a relevantly authorized agency in a specific jurisdiction. So, let’s take a closer look at the main aspects of trademark regulation in India.
Registering a TM in India requires filing an application with the Industrial Design, Patent & TM Bureau. Once the application is submitted, it’s assigned a date & unique number.
The review process includes assessing internal registration & acquiring prior rights. If all qualification criteria are met, a TM is published in a TM journal. After that, objections to registration may be submitted for consideration.
Getting a TM registration certificate in India requires making sure that no objections from 3rd parties are received within four months since the date of publication. Trademark protection in India is granted for a 10-year period & can be prolonged.
Registration can be denied if:
- a TM is non-distinctive;
- a TM is made up of signs which might be used to denote a product’s characteristics;
- a TM is made up entirely of generally accepted signs;
- a TM is capable of misleading the general public;
- a TM is capable of offending religious sensibilities of any group or class of Indian citizens;
- a TM contains inappropriate material;
- a TM is essentially a shape:
- a TM is made up of elements arising from the products’ nature;
- a TM is made up of elements that are necessary to gain a technical result.
When it comes to descriptive TMs, registration of an Indian brand can be obtained by providing evidence that, prior to the filing date, a TM was well known or acquired distinctive characteristics. Registration may be refused if it leads to a TM being confused with a previously registered TM.
Also, one my not register a TM in India if:
- it’s identical to a previously registered TM;
- it’s similar to a previously registered TM.
Need advice on TM regulation in India? Why not reach out to IQ Decision UK? Our experts will be happy to lend you a hand with any aspects of TM registration in India.