India is located in the South Asian subcontinent, covering an area of ??approximately 2.98 million square kilometers (excluding the Indian-occupied areas on the Indian border and the actual Indian-controlled areas in Kashmir, etc.). The Indian government claims that its territory covers an area of ??3,287,800 square kilometres. India ranks seventh in the world in terms of area. It is adjacent to China, Bhutan, Myanmar, Bangladesh, Nepal and Pakistan, and is bordered by the Bay of Bengal and the Arabian Sea.

1. Trademark Competent Authority

Name: Indian Patent, Design and Trademark Office (commonly known as the Indian Patent Office)

The Indian Patent Office has a trademark registration office , located in Mumbai with branches in New Delhi, Chennai, Kolkata and Ahmedabad. The above five trademark management agencies accept trademark registration applications.

II. Overview of Trademark Law

India became a member of the "Paris Convention" on December 7, 1998.

The earliest trademark law in India is the Trade and Merchandise Related Trademarks Act, which was promulgated in 1958 and came into effect on November 25, 1959. The current Indian Trademark Law was promulgated in 1999 and came into effect on September 15. The implementation details of the new Trademark Law were promulgated on February 26, 2002 and came into effect at the same time as the new Trademark Law.

In order to make the trademark registration process more consistent with the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the new Trademark Law has been significantly revised. The main features of the new trademark law include:

1. Expand the definition of trademark to the shape, packaging and color combination of the product;

2. Accept all categories 1-22 of the International Commodity Classification Registration application for goods and services;

3. Recognition of the concept of well-known trademarks (India abolished the ban on well-known trademark protection in 1992);

4. Appeals acceptance committee, reasons Appeal cases under the jurisdiction of the High Court that are not satisfied with the ruling of the registry or the amendment of the application will be transferred to the jurisdiction of the committee;

5. Modify the validity period and renewal period of trademark registration to 10 years;

6. Expanding the scope of trademark infringement, for example, using someone else’s registered trademark as a trade name or part of a trade name is an infringement of trademark exclusive rights;

7. Counterfeiting registered trademarks will be punished by criminal law Jurisdiction;

8. Use by non-registered users can be considered as use of the trademark;

9. If the applicant explains the reasons and pays 5 times the normal application fee, it can be expedited Trademark application review.

3. Trademark legal provisions and registration procedures

1. Obtaining trademark rights

In India, trademark rights are generated based on use, and the prior use of the trademark Everyone has the exclusive right to use a trademark.

The types of trademarks that can be registered include commodity trademarks, service marks, certification marks and three-dimensional trademarks. Due to the introduction of the well-known trademark system, the new Trademark Law abolished defensive trademarks.

2. Applicant qualifications

Anyone who uses or intends to use a trademark in India has the right to apply for a registered trademark;

Members of the "Paris Convention" can Apply for priority within 6 months of filing in your home country;

Foreign companies and companies must appoint a local lawyer when applying to register a trademark in India.

3. Information required for application

Applicant’s name, address and nationality;

Description of goods or services;

Goods The category name of the international classification;

The time of first use in India, if not used, a statement of intention to use it;

Trademark pattern;

Authorization letter.

4. Review of application

In India, trademark review is divided into formal review and substantive review. Formal examination refers to the trademark examiner’s examination of whether the application documents meet the requirements; substantive examination refers to the trademark examiner’s examination of whether the trademark that passes the formal examination is identical or similar to a previously registered trademark; whether it violates the prohibited provisions of the Trademark Law; whether Review for registrability.

If the trademark fails the substantive examination, the examiner will notify the applicant in writing and inform the applicant of the reasons for rejection.

Applicants may submit for review within 3 months from the date of receipt of the rejection notice. Otherwise, the application will be deemed abandoned and the application date and application number will not be retained.

If the applicant pays the extension fee, the above review period can be extended.

5. Announcement

Trademarks that pass the substantive examination will be published on the Trademark Announcement for a period of 3 months.

6. Objection

Any interested party can object to the announced trademark within 3 months from the date of trademark announcement, and after the expiration of the trademark announcement period, the objection can apply for 1 month extension.

7. Relief Procedure

If the applicant is dissatisfied with the objection decision and rejection decision of the Trademark Registry, he may submit a review within 1 month from the date of the decision, or he may The above shall be submitted to the above-mentioned Intellectual Property Committee within 3 months from the date of the ruling. The decision of the Intellectual Property Appeals Reception Committee is final.

9. Registration

The Trademark Registration Office will issue a trademark registration certificate for trademarks that have not been opposed or the objection has not been established during the trademark announcement period.

10. Use of trademarks

Trademarks must be used honestly and truly in commerce within 5 years after registration. Otherwise, any interested party may apply to the Intellectual Property Complaints Acceptance Committee for cancellation. .

Evidence of actual use of the trademark includes invoices, bills of lading, contracts, waybills, annual sales, brochures, advertising materials and customs declaration documents.