Tuesday, July 19, 2011

Trademark filing requirements in India

Following are the basic requirements for filing of a trademark application in India:
1. Name, address, nationality and particulars of the applicant (whether individual, society, trust, partnership firms or company)
2. International Class
3. Description of goods or services
4. User date in India or proposed to be used
5. Details of priority, if any, including application number, date of filing and country of filing
6. Translation and transliteration in English, if mark is not in Indian language

Power of authority has to be stamped as per Indian Stamps Act and preferably should be filed within one month from date of filing. Notarisation or legalisation is not mandatory.

Tradmark:
Specimen of the trademark for Agent:
• 12 copies if in black and white, if provided in print form or single copy if provided soft copy vide email
• 12 copies if in colour, if provided in print form or single copy if provided soft copy vide email
• For shape of goods 3-5 different views ( top, bottom, left side, right side and front view)

Description of goods or services
Under Indian trademarks law, the specification of goods or services must be within 500 characters. In event the description exceeds 500 words prescribed fee must be paid for each additional character along with an application to that effect.

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