Indian trademark applications can be made by natural persons or legal persons. As long as they have actual use in India or have the idea of ??using the trademark in India, they can apply. Indian trademark applications also follow the principle of prioritization. Chinese enterprises Or an individual can have priority in applying for a trademark in India for a trademark that has been applied for in his own country.

To apply for a trademark in India, you need to prepare a trademark application form in advance, a clear electronic trademark drawing of the trademark you are applying for, the category name and description of the goods or services for which the trademark is applied for, the time of first use of the trademark, or a statement of intended use, The applicant's name, address, nationality and other relevant information, if you apply for trademark priority, you need to provide additional priority-related certification documents.

Indian trademark registration process

First of all, you must go through the formal review of Indian trademarks: after the application is submitted, the Trademark Office will review the legality of the submitted application documents, trademark drawings, power of attorney and other documents. .

If the regulations are met, the documents are complete, and there are no formal errors in the content, the trademark application will enter the next stage of substantive review. The Trademark Office will review whether the trademark is registrable and whether it is registered in accordance with the Trademark Law. Is it identical or similar to a previously registered trademark or violates the prohibition provisions of the Trademark Law? For a trademark that fails substantive examination, the examining officer will notify the applicant in writing and inform the applicant of the reason for rejection.

The applicant can submit a review after receiving the rejection notice. Otherwise, the application will be deemed to be abandoned, and the application date and application number will not be retained.

If the trademark passes the first two reviews, then the trademark is basically successful. The trademark will enter the announcement period. The trademark application will be published in the trademark announcement. Anyone can apply for it within 3 months of the announcement. Raise an objection within the period and state the reasons and submit relevant evidence. If the announcement is passed and there are no objections, the trademark has been approved. The Trademark Office will issue a registration certificate. If the entire process of trademark application goes smoothly, it will take approximately 24-36 months to complete.

Indian trademarks are valid for 10 years, and these ten years are protected by Indian law. Renewal can be submitted within 6 months before the expiration of the trademark. If not renewed, the trademark will be cancelled.