Name: Indian Patent Design and Trademark Office (commonly known as Indian Patent Office).
The Indian Patent Office has a Trademark Registry located in Mumbai with branches in New Delhi, Chennai, Kolkata and Ahmedabad. The above five trademark management agencies all 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 promulgated by 1958, which came into effect on October 25th. The current trademark law of India was promulgated on 1999 and came into effect on 15, 2003. 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 Aspects of Intellectual Property Rights, the new trademark law has been greatly revised. The main features of the new trademark law include:
1. Expand the definition of trademark to the shape, packaging and color combination of goods;
2. Accept the application for registration of all goods and services in the International Commodity Classification 1-42;
3. Recognize the concept of well-known trademarks (India abolished the prohibition of protecting well-known trademarks in 1992);
4. Chen Yi International Intellectual Property Appeal Acceptance Committee, the appeal case that was originally under the jurisdiction of the High Court and refused to accept the ruling of the registry or applied for amendment will be transferred to the jurisdiction of the Committee;
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. In the case that the applicant explains the reasons and pays 5 times the normal application fee, the trademark application can be urgently examined.
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.
Registrable trademarks 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 six months of their own application;
Foreign companies and enterprises 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.
A. Formal examination refers to the trademark examiner's examination of whether the application documents meet the requirements;
B substantive examination refers to whether the trademark examined by the trademark examiner is the same as or similar to the previously registered trademark; Whether it violates the prohibition clause of the Trademark Law and whether it can be registered.
C the examiner will notify the applicant in writing of the trademarks that have not passed the substantive examination, and inform the reasons for rejection. The applicant can submit the examination opinions 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.
The above review period can be extended if the applicant pays the extension fee.
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, and the dissenter may apply for an extension 1 month after the expiration of the trademark announcement.
7. Relief procedures
If you are not satisfied with the objection decision and rejection decision made by the Trademark Registration Bureau, you can file a review within 1 month from the date of the decision, or you can file a complaint with the Intellectual Property Appeal Acceptance Committee within 3 months from the date of the ruling. The decision of the IPR Appeal Acceptance Committee is final.
register
The Trademark Registry will issue a trademark registration certificate to the trademark that has not been objected or the objection is not established during the trademark announcement period.
9. Effectiveness and update
The period of validity of trademark registration is 10 year, counting from the date of trademark application;
The validity period of each renewal is 10 year.
The application for trademark renewal shall be filed within 6 months before the expiration of the trademark;
Trademark renewal has a grace period of 6 months, and objections within the grace period need to pay a certain fine;
Trademarks that are not renewed after the grace period will be deleted from the trademark register;
Within one year after the expiration of the limited period of a trademark, the registrant may file an application for resumption of registration and renew the trademark;
After the above-mentioned one-year period, it is necessary to re-apply for a registered trademark.
10. Use of trademarks
The trademark must be used honestly and truly in business within 5 years after registration, otherwise it will produce any benefits.
An interested party may apply to the Intellectual Property Appeal Committee for cancellation.
Evidence of the actual use of trademarks includes invoices, bills of lading, waybills, contracts, advertising materials, annual sales, brochures and customs declaration documents.
The use of registration marks is optional.