Trademark

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......

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......

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......

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.......

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......

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......

How to renew a Trademark in India? The registration of a trademark is valid only for a period of 10 years. After which, it can be renewed from time to time. Trademark renewal preserves those rights which are only available to a registered mark. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with reg......

Can a Trademark be transferred from one person to another? Trademarks like any other asset can be transferred from one proprietor to another. The transfer could be temporary through licensing or permanent thorough an assignment. A registered mark, or a mark for which an application to register has been filed is assignable/transferable. What is the diff......