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Faq's Trademarks

For the registration of the trademark, is it necessary that the mark is used?

No, a trademark can be registered for intended use or proposed use.

How to adopt a trademark?

A trademark should be easy to speak, spell and remember. The proprietor should avoid using laudatory words such as best, superb, perfect etc. It is always advisable to conduct a market survey and trademark search with the Registry before using a trademark.

Who can apply for the trademark registration?

Any person or legal entity claiming to be the proprietor can apply for trademark registration.

Are the trademarks transferable?

Yes, like any other property trademarks can also be transferred by way of assignment or transmission.

Can a third party use the trade mark?

Yes, a third party can use the trademark under a license from the proprietor of the trademark.

Can the trademark be removed from the register of trademarks?

Yes, the trademark can be removed from the register of trademarks. This can be done on the ground that the mark is wrongly remaining on the register

Can a registered trademark be amended at a later date?

Yes, the trademark can be amended. However, the amendment should not amount to substantial change in the original character of the trademark

Is the registration needs to be renewed?

Yes, the registration of a trademark is valid for a period of 10 years. However, it can be renewed every 10 years, perpetually.

Is the trademark required to be used in India?

No, the export of the goods originating from India also amounts to be use in the territory of India.

Is the trade mark liable to be cancelled on the ground of non use?

Yes, a trademark registration can be cancelled on the basis of non use.

Is the registration of a trademark compulsory?

Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration.

Whether foreign proprietors can apply for registration of their trademark in India?

Yes, foreign proprietors can also apply for registration in India. The trademark law in India is TRIPS compliant and provides for protection of well-known trademarks and recognizes trans border reputation.

Can a foreign applicant claim the priority based on earlier application.

Yes, the applicant can claim priority based on earlier application made in a convention country. The application needs to be filed in 6 months from the date of earlier application.

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  Important Links
Indian Patent Office
High Court of Delhi
Supreme Court of India
Geographical Indication Registry
Ministry of Commerce
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