Rule 26 of the Trademark Rules 2017 governs the Trademark application filing in India. Section 18 of the Trademark Act, 1999 provides for application for registration of Trademark in India and application should be made to registrar in India. A single application can be made for registration of trademark under different classes of goods and services by paying the prescribed fees for each classes of goods and services.
Trademark application in India can be filed under following categories.
- Ordinary Trademark application
- Multiclass Trademark application
- Convention/Priority Trademark application
Who can file Trademark application in India?
Any person or an entity who claims to be proprietor of trademark can file trademark application in respect of desired specification of goods and services. An agent filing to register a mark on behalf of the owner requires a simple executed power of attorney stamped under the Stamp Act 1899.
What information and documentation must be submitted in a trademark registration application?
The following information and documentation must be submitted in a trademark registration application:
- the applicant’s name and address;
- the state or country of incorporation;
- a description of the trademark;
- a representation of the trademark;
- a list of the relevant goods or services;
- the power of attorney;
- the dates of first use – if use is claimed, an affidavit of use and documentary evidence must be filed electronically;
- a statement of intention to use;
- the official filing fee;
- a priority claim and documents, where priority of an earlier application is claimed; and
if the applicant is not domiciled in this jurisdiction, a local service address must be provided.
Trademark prosecution in India involves various stages such as filing, examination, publication or advertisement, opposition, registration and renewal.
iVakil IP team helps client
Filing, prosecuting and defending trade mark applications in response to the Office Action raised by the Registrar of Trade Marks.