Trademarks in India:
A trademark is a unique symbol or word(s) used to represent a business or its products. Once registered, that same symbol or series of words cannot be used by any other organization, forever, as long as it remains in use and proper paperwork has been filed and trademark fees are paid.
For a foreign corporation or an individual interested in entering the Indian market, It is highly advisable to file an application for Trademark registration with Trademark registry in India.
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:
- Words and service marks
- Shape marks
- Logos and symbols
- Collective marks
- Series Marks
- The Certification mark
- Sound marks
- Letters or numerals
- Combination of colors
Suggested read: International trademark registration under Madrid Protocol
Why Ebizfiling as your service provider for Trademark registration in India?
Ebizfiling is a group of intellectuals. The entire team of Ebizfiling consists of Highly qualified CA, CS, Lawyers and business administrators which includes Trademark lawyers and Trademark attorneys in India. Ebizfiling would be a one stop destination for your Trademark registration registration in Mumbai. Also, we provide Trademark Watch Services. We also provide services like Start up advisory, Secretarial compliance services, PAN / TAN application, DIN registration, GST registration, Trademark registration, GST / Income tax return filing and many more. You may get in touch with our compliance manager on 09643203209 or email at info@ebizfiling.com for free consultation and to know more about the services provided by us.