To obtain trademark protection in India, an application for an India trademark have to be filed before the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM).
In India, national filing with Indian authority is the only way to get trademark protection. An International trademark (Madrid system) is possible because India is not a member of international trademark system (Madrid system).
An applicant needs a local address for service in India, or an Indian representative to file the India trademark. After filing the application, the authority will start the examination for the India trademark application. These examinations include a formality examination, a distinctiveness examination and a search for prior registered India trademarks. An appropriate mark which passes all examinations will be published in the Trademarks Journal for opposition purpose. This opposition period lasts 3 months starting from the publication date. During this period, any third party who has a prior right could oppose the registration. Though it is not always required, a professional representative is advisable. A good representative can assist you to fulfill legal requirements and will raise the chances of a successful registration.
The duration of an India trademark registration is 10 years from the date of registration and can be renewed for periods of 10 years.
An owner has to use a registered India trademark in India within 5 years from the registration date. If the India trademark has not been used for 5 consecutive years, the trademark may be subject to cancelation.
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