Is prior search before filing a trademark application advisable?

August 24

Date: August 24, 2017
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- 3273

Is prior search before filing a trademark application advisable?

Before adopting a trademark, a trademark search is highly recommended, as this will give an indication of any existing trademarks which have been applied for/or registered in the Trademarks Registry. Accordingly, it is advisable to conduct a search on the official website of the Trademarks Registr...

August 24

Date: August 24, 2017
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- 3462

Can an application be filed in more than one class for the same trademark?

Yes. The trademark application can be filed as a multiclass application or as separate single class applications ...

August 24

Date: August 24, 2017
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- 3494

Why is it important to identify the relevant classes?

Before filing a trademark application, it is necessary to identify the classes in which one wishes to seek protection for their trademark. An application should be made in the relevant classes of current goods/services as well as in classes where there is intent to use. The specifications are covere...

August 24

Date: August 24, 2017
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- 6814

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 services of one person from ano...

May 20

Date: May 20, 2017
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- 3592

What are the minimum documents/information required for filing an ordinary/convention application in India?

The minimum documents and information which are required for filing an ordinary or a convention application have been summarized in the table below: S. No. Document/ Information Stage of Submission Extensions 1 Name, nationality and address of the applicant Along with the application No 2 Drawing(s)...

May 20

Date: May 20, 2017
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- 3450

Is it mandatory to mark the registration number of the design on the article before delivering the same for sale?

Before delivery on sale of any article with registered design, the registered proprietor shall mark such article with any of the following words: A. REGISTERED; B. REGD.; C. RD, and D. the registration number It is not necessary to mark the articles as required above in: A. textile goods in which th...

May 20

Date: May 20, 2017
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Is it possible to restore the design lapsed due to non-payment of extension fee within prescribed time?

A registration of design will cease to be effective on termination of 10 year period from date of registration if extension fee for further term of five years is not paid before the expiry of original period of 10 years. However, lapsed designs may be restored provided the following conditions are s...

May 20

Date: May 20, 2017
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- 3351

Can a Controller’s decision refusing the registration of a design passed in respect of an application be appealed/ challenged?

Yes, it is possible to appeal/ challenge a Controller’s decision refusing registration of a design. An appeal lies to the High Court against an order passed by the Controller refusing registration of a design. Every appeal shall be made within three months of the date of the order of the Controlle...

May 20

Date: May 20, 2017
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- 3419

Is it possible to conduct a telephonic hearing with the Controller?

Yes, it is possible to have a telephonic hearing with the Controller. However, it is subject to the discretion of the Controller....

May 20

Date: May 20, 2017
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- 3451

Are dotted lines permissible in drawings?

The Design Office has been consistently taking a stand that dotted lines in the drawings are not permissible. In case the drawings are filed along with dotted lines, the Controller may require: (i) removal of dotted lines; (ii) conversion of dotted lines to solid lines....

Is prior search before filing a trademark application advisable?

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