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Trademark Registration in India
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What is Trademark Registration in India?
A trademark is a symbol, word, or logo that represents your business and differentiates it from others. Trademark registration gives you the legal right to use your brand name, logo, or design exclusively and protects it from misuse.
Even if you are a startup or small business, applying for a trademark application ensures your brand is safe and recognized under Indian law. Once registered, no other entity can use a similar mark for the same type of goods or services.
Eligibility criteria for trademark registration in India by foreigners:
The following are the main requirements for obtaining the international trademark in India:
If the foreign applicant has a trademark application/trademark registration of his / her home country, it becomes an added advantage. It will be used as the basic mark for the international application.
When a foreign company wishes to obtain the Trademark Registration in India, then the Incorporation Certificate needs to be submitted by such company.
Trademark registration in India by foreign applicant:
Trademark registration in India provides similar protection to the foreign applicant as it is available to the Indian applicant.
Certain countries have been declared as convention countries by India and accorded similar privileges as those granted to the citizens of India.
The ownership in the trademark occurs with its first use hence, it is recommended that the applicant should affix the documents proving the user ship date of the home country in an application by the foreign country with office of the Registrar of Trademark.
A person or company from a convention country can apply for trademark registration in India within 6 months of making an application in the home country.
WIPO will be an important role when a foreigner files a trademark registration application in India as once the application is filed in India, the application will be forwarded to WIPO for examination after certifying the international application.
Types of Indian trademarks that can be registered:
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