FAQ’s on Trade mark
Q.1: Must I sell my products or offer my services in India before I seek protection ?
- No, Indian trademark law allows filing of a trademark application in India on an ‘intent-to-use’ basis. However the registered proprietor of the trademark in India has to commence use of the mark within 5 years and 3 months of the date of registration. Otherwise the registered trademark is open to invalidation proceedings.
Q.2: How do I file for a trademark in India ?
- The procedure for the registration of the trademark is described under the section ‘Registration Procedure’
Q.3: What is the filing fee ?
- The official filing fee for filing one trademark application in one class and without claiming priority is INR 3500/-
Q.4: What are the typical costs for representation in India ?
- The attorney charges for filing the application will depend on the trademark agent/attorney that you will hire. However typically the filing of a trademark application in one class without claiming priority, will range between Rs. 2500 to Rs.5000. we charge Rs. 2500 as professional assistance fee for trade mark application filling
Q.5: Can I file a single application for use of my mark on more than one good or in association with more than one service in India ?
- Yes. India recognizes the system of multi-class applications and follows the International Classification. There are 42 classes in which the goods and services have been divided in India and you can file for multi-class applications both for goods and services.
Q.6: I have a design logo and want to apply for the registration of the same for identical goods and services in black and white as well color. Can I do so in one application ?
- Yes. You can do so in one application as India recognizes the system of series application.
Q.7: What is the duration of a trademark in India ?
- A trademark in India is valid for 10 years and can be renewed thereafter indefinitely for periods of 10 years.
Q.8: What should I do if a competitor has already registered my mark in India ?
- The Indian trademark law provides for invalidation proceedings and you have the right to initiate a cancellation action should a competitor have registered your trademark in India. You also have the right to initiate either a civil or a criminal action against any party that is violating your mark in India.
Q.9: Who can use the symbol ® in India ?
- Only the proprietor of a trademark whose trademark has been registered in India can use the symbol ® in India. Using the symbol ® unless your mark has been registered in India is unlawful.
Q.10: When can the symbol ™ be used in India ?
- Using this symbol with your trademark simply implies that you claim to be the proprietor of the trademark. There is no prohibition on the use of the symbol ™ in India.
Q.11: What is the penalty that is prescribed under the criminal laws for infringement of a trademark in India ?
- The penalty for selling or providing services using a false trademark is a minimum of six months and maximum of three years and with fine not less than INR fifty thousand (approximately $ 1190) but which may extend to INR two lakh (approximately $ 4760).