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What is the review procedure for trademark registration in India?
Instructions for Indian trademark application for Indian trademark registration: 1. In India, trademark rights are based on use. In other words, the prior user of the trademark enjoys the exclusive right to use the trademark. 2. The types of registrable trademarks include commodity trademarks, serial trademarks, joint trademarks, certification trademarks and defensive trade mark. Service trademarks cannot be registered at present. India is a country that adopts its own commodity classification. Commodity classification is similar to international classification. Each application for trademark registration can only include one category. Textiles (including commodities in categories 22 to 27) are classified as 15, and 94 commodities. Applications for these 94 projects need to be submitted separately. 4. India is a member of the World Intellectual Property Organization and became a member of the Paris Convention for the Protection of Industrial Property on February 7th, 1998. Information required for trademark application in India: 1. If a legal person applies, attach a copy of the business license or valid registration certificate and affix the official seal 1 copy; Apply as a natural person, with personal identity certificate 1 copy; 2. Detailed information of the applicant (in Chinese and English), including name, nature, nationality, detailed address, postal code and contact information; 3. Standard samples of electronic trademarks; 4. Commodity name and category; 5. Signed power of attorney; Indian trademark registration and procedures: 1. Applicant qualification: Anyone who uses or intends to use a trademark in India has the right to apply for trademark registration. The intended use is not necessarily limited to the applicant. If the applicant does not use or invest in the trademark, but if a company is about to be established and the applicant intends to transfer the trademark to the company within 6 months from the date of the trademark announcement, the trademark can be registered. Foreign applicants must provide a local mailing address in India. 2. Application process (smooth progress): (1) Formal review: the legality review of the submitted application documents, trademark patterns, power of attorney and other documents after the application is submitted; If it meets the requirements, the application date and application number shall be granted. (2) substantive examination: whether a trademark can be registered according to law, whether it is the same as or similar to a previously registered trademark, and whether it violates the prohibition clause of the Trademark Law. For trademarks that fail the substantive examination, the examiner will notify the applicant in writing 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 applicant can apply for an extension on the condition of paying the extension fee. Trademark examiners may conditionally accept certain applications for trademark registration and may require the applicant to give up the right to use certain words or graphics in the trademark. (3) Announcement: After the trademark has passed the examination, inform the applicant that the trademark application has been accepted and publish it in the trademark announcement. Anyone can raise objections, state reasons and submit relevant evidence within the three-month announcement period. (4) Registration approval: a trademark that can be registered after an objection ruling, or a trademark that has been announced without objection, shall be registered and issued with a registration certificate. The whole application process is smooth (if there are no rejections, objections, etc.). It will take about 24-36 months. 3. Validity: 65,438+00 years from the date of approval and registration. If it is necessary to continue to use the registration after the expiration of the registration period, an application for renewal of registration shall be filed six months before the expiration of the registration period. Each renewal registration is valid for 65,438+00 years.