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March 6, 2018
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Information and Documents Required for Filing a Patent ...

What are the documents and information required for filing a patent application in India? S. No. Document/ Information Timeline for Submission Extensions a) Provisional or Complete specification (in English or Hindi) Along with the application No extensions available b) Complete Specification after provisional specification (i......
March 6, 2018
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Timelines

What are the various timelines involved in the grant of an Indian patent? Ans. The timelines for completing various tasks or submitting various documents are as follows: S. No. Task Timeline Extensions   a) Filing a ‘Complete Specification’ after a ‘Provisional Specification’ Within twelve (12) months of the date of filing of the Provi......
March 6, 2018
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Overview of stages, process and time required for regis...

What are the various stages involved in the registration of an Indian Trademark? The Trademarks Law in India is governed by the Trade Marks Act, 1999. The Act provides for registration of any mark which is capable of being represented graphically as a word, device, label, numerals, or combination of colors and capable of distinguishing the goods or serv......
March 6, 2018
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Criteria for determining well-known trademark in India

What is a Well-Known Trademark? The term ‘well-known trademark’ refers to a mark which has become so well-known to the substantial segment of the public through its extensive and continuous use. Use of the mark in relation to any other goods or services by another party may be taken as indicating a connection between the two parties.Individuals/ Compani......
March 6, 2018
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Fees for filing a trademark in India based on category ...

What is the official fees payable by an applicant for filing a trademark application in India? The official trademark fees payable by an applicant is INR 9000 (USD 145). Can an Applicant claim a reduction in the official fees? Yes, the applicant can claim a reduction in the official fees by approximately 50% if at least one of the following condit......
March 6, 2018
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Opposition procedures and timelines for a trademark in ...

What is the next step once the trademark has been advertised in the Trademarks Journal? After the examiner reviews the trademark, if the trade mark application is considered allowable, the application is advertised in the Trademarks Journal. Once advertised, the trademark is open for opposition purposes for a compulsory period of four (4) months. In case no o......
March 6, 2018
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Filing trademarks in India and overseas through the Mad...

What is the Madrid Protocol? The Madrid Protocol provides for the international registration of trademarks by filing a single International Application. Indian companies which have procured trademark registrations and/or have pending applications with the Trade Marks Office in India can file a single International Application (“IA”) under the Madrid Protocol.......
March 6, 2018
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Documents required for Trademark registration in India

Who can file a Trademark application in India? Any person claiming to be the proprietor of a trademark, used or proposed to be used by him, may file an application for the registration of a Trade Mark. Generally, the person who uses or controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for wh......
March 6, 2018
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Permissible amendments, rectification and cancellation ...

Is amendment in Trademark application allowed under the Trademarks Act? The trademark law in India provides the Applicant of a trademark with an opportunity to correct an application only for minor changes and not for changes that substantially affect the identity of the trademark or the goods or services covered by the application. The correction or amendmen......