I. Trademark Authority
Name: Indian Patent Design and Trademark Office (commonly known as Indian Patent Office)
The Indian Patent Office has a trademark registration office in Mumbai and branches in New Delhi, Chennai, Kolkata and Ahmedabad. The above five trademark offices accept applications for trademark registration.
Two. Overview of trademark law
1On February 7th, 998, India became a member of the Paris Convention.
The earliest trademark law in India is the Trademark Law Related to Trade and Commodities, which was promulgated in 1958 and came into effect on1959165438+1October 25th. The current Indian Trademark Law was promulgated on 1999 and came into effect on 15 in September. The new Detailed Rules for the Implementation of the Trademark Law was promulgated on February 26th, 2002, and came into effect at the same time as the new Trademark Law.
In order to make the trademark registration procedure more in line with the requirements of the Agreement on Trade-related Intellectual Property Rights (TRIPS), the new Trademark Law has been greatly revised. The main features of the new trademark law include:
1. Extend the definition of trademark to the shape, packaging and color combination of products;
2. Accept the application for registration of all goods and services under the International Commodity Classification 1-22 category;
3. Recognize the concept of well-known trademarks (India abolished the prohibition of well-known trademark protection in 1992);
4. Appeal Committee. Appeals from the high court against the registry's ruling or application for amendment will be transferred to the Committee's jurisdiction;
5. Revise the period of validity and renewal of trademark registration to 10 year;
6. Expanding the scope of trademark infringement, such as taking another person's registered trademark as a trade name or part of a trade name, is an act of infringement of the exclusive right to use a trademark;
7. Forging a registered trademark will be punished by criminal law;
8. The use of unregistered users can be identified as the use of trademarks;
9. If the applicant explains the reasons and pays 5 times the normal application fee, it can speed up the examination of the trademark application.
Three. Trademark legal provisions and registration procedures
1. Acquisition of trademark rights
In India, the trademark right is based on use, and the prior user of the trademark enjoys the exclusive right to use the trademark.
The types of trademarks that can be registered include commodity trademarks, service trademarks, certification trademarks and three-dimensional trademarks. Due to the introduction of well-known trademark system, the new trademark law abolished defensive trademarks.
2. Qualifications of the applicant
Anyone who uses or intends to use a trademark in India has the right to apply for registration of a trademark;
Paris Pact member countries can apply for priority within 6 months after they file their own applications;
Foreign companies and companies must appoint local lawyers when applying for registered trademarks in India.
3. Information required for application
Name, address and nationality of the applicant;
Description of goods or services;
Category name of international commodity classification;
When it is first used in India, if it is not used, you can declare your intention to use it;
Trademark pattern;
Power of attorney.
4. Examination of applications
In India, trademark examination is divided into formal examination and substantive examination. Formal review refers to the trademark examiner's review of whether the application documents meet the requirements; Substantive examination refers to whether a trademark examined by a trademark examiner is the same as or similar to a previously registered trademark; Whether it violates the prohibition clause of the Trademark Law and whether it can be registered.
If the trademark fails to pass the substantive examination, the examiner will notify the applicant in writing and inform him of the reasons for rejection. The applicant may submit a review within 3 months from the date of receiving the notice of rejection. Otherwise, the application will be regarded as abandoned, and the application date and application number will not be retained.
If the applicant pays the extension fee, the above review period may be extended.
Step 5 announce
Trademarks that have passed the substantive examination will be published in the trademark announcement for a period of 3 months.
6. Objection
Any interested party may raise an objection to the announced trademark within 3 months from the date of trademark announcement. After the trademark announcement expires, the objection may apply for an extension of 1 month.
7. Relief procedures
If the applicant refuses to accept the objection decision and rejection decision of the Trademark Registration Bureau, he may submit a review within 1 month from the date of the decision, or submit it to the above-mentioned intellectual property committee within 3 months from the date of the ruling. The decision of the IPR Appeal Acceptance Committee is final.
9. Registration
The Trademark Registry will issue a trademark registration certificate for a trademark that has not been objected to or the objection is not established during the trademark announcement period.
10. Use of trademarks
A trademark must be used honestly and truly in business within 5 years after registration, otherwise any interested party may apply to the Intellectual Property Appeal Board for cancellation.
Evidence of the actual use of trademarks includes invoices, bills of lading, contracts, waybills, annual sales volume, brochures, advertising materials and customs declaration documents.