TRADE MARKS - FILING

Trade Marks Filing

TRADEMARKS FILLING REQUIREMENTS

  1. Registrable Trade Mark
  • Distinctive device, monograms, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof and sound marks.
  • Series Mark – Allowed
  • Multiple class – Allowed
  • Filing international registration under Madrid Protocol – Available
  1. Application Particulars
  • Name of the Mark/Logo/Device prints or representation
  • Name, Nationality and Address of the Applicant
  • Status of Applicant i.e. company or individual (Manufacturer / Trader )
  • Date of first use – if use is claimed, an affidavit of use and documentary evidence must be filed. If unavailable, Statement of Intention to Use must be submitted.
  • Specification of the Goods/Services and Class (No Limitation on the number of specification of goods/services).
  1. Required Forms

Power of attorney simply signed. Must be filed within one (1) month from filing date.

  1. Publication period

4 months

  1. Extension of time for responding to Office Action

Allowed with cost

  1. Registration Protection Period

10 years from filing date

  1. Renewal

Renewable for a successive period of 10 years. Renewal fees must be paid before the expiry date but not more than 6 months prior to expiry. Late renewals are available normally up to 6 months after expiry date with payment of late fees.

  1. Time frame for Registration

18 months

  1. Where Priority is claimed

Certified copy of the Priority Document. If the document is not in English, please provide a translation of the same.

A trademark is a unique sign or symbol that identifies your products and services and distinguishes them from others in the marketplace. You can register traditional trademarks such as words, logos, names, and shapes. In addition, non-traditional trademarks like colors, sounds, or even scents can also be registered to uniquely represent your brand and protect its identity.

Registering your trademark is important because it gives you exclusive rights to use it and it prevents others from copying or misusing your brand.

The registration process generally begins with a formalities examination, where the application is checked for completeness and correctness of basic application details. This is followed by a substantive examination, which reviews the trademark on legal grounds, including distinctiveness and conflicts with existing marks. After passing these examinations, the trademark is published for about two months to allow any third-party objections. This timeline may differ from one country to another. If no oppositions arise, or if they are resolved, the trademark proceeds to registration, usually within 12 months from the application date.

Once registered, your trademark is protected for 10 years and can be renewed at the expiry date. These are general guidelines that applies in most countries. However, specific requirements, and timelines may vary by jurisdiction. For advice tailored to your specific needs and location, please do not hesitate to contact us