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Trademark search in India

Trademark search in India

Trademark search in India

Searching is not mandatory but strongly advised. A word search finds identical, deceptively or phonetically similar marks in Classes 1 to 45; a device search uses the Vienna Codification for logos. We add an internet check for unregistered use. A search is preliminary and not a guarantee, and a well-known mark is protected in all classes, even for unrelated goods.

Registration

Any individual, company, firm or other entity may apply, Indian or foreign; foreign applicants file through a registered Indian agent with an Indian address for service. The steps are clearance search, online filing, examination (reply within one month), publication, a 4-month opposition window and registration. Registration lasts 10 years from the filing date. Full guide: trademark registration in India.

Renewal

  • File Form TM-R, up to 1 year before expiry; only a simple signed POA is needed
  • A 6-month grace period applies, with a surcharge
  • A removed mark can be restored within 1 year of expiry
  • The mark itself cannot change at renewal; changes need a separate modification application
  • For a Convention application, the 10 years run from the priority date (Sections 23, 25 and 154)

Assignment

Assignment under Sections 37 to 45 of the Trade Marks Act, 1999 transfers a registered or pending mark and must be recorded with the Registry on Form TM-P. It can be complete or partial, with or without goodwill. You need a scanned POA signed by the assignee and the executed deed; for international assignments we ask for an apostilled or legalised deed. The practical timeline is 3 to 24 months.

Moksadul Islam

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