English
Registration is not a requirement to obtain rights to a trademark. Prior use is enough to establish ownership to a trademark. India observes the "first to use" rule.
The national trademark office of India is accessible online at the following URL: www.ipindia.nic.in.
Yes. Applicants are required to prove either actual use or intent to use for the application to be accepted.
Opposition is available on the basis of the following:
- proprietary rights
- the mark is descriptive
- the mark is not distinctive
- the mark is misleading, deceptive or disparaging
- breach of copyright
- rights of notorious or well-known mark
- registration in the name of the agent or other representative of the proprietor of the mark
- rights of trade names
- registered design rights
- rights in a personal
- the mark is generic
- the mark is against public policy or principles of morality
Anyone may oppose an application.
The following can be grounds for cancellation:
- the mark is descriptive
- the mark is not distinctive
- the mark is misleading, deceptive or disparaging
- the mark is functional
- rights of protected armorial bearings, flags and other State emblems
- the mark is generic
- the mark consists of a geographical indication
- the mark is against public policy or principles of morality
- the mark includes a badge or an emblem of particular public interest
- the mark is used in a misleading manner
- the mark is prohibited in this jurisdiction
- the application for or registration of the mark was made in bad faith
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to sue for infringement against confusingly similar third-party trademark use
- the right to license other third parties to use the trademark
- the right to apply for seizure by customs authorities for importation of counterfeit goods
The opposition period begins on the date on which the Trade Marks Journal is made accessible to the public.
The opposition period ends 120 days (4 months) from the date the Journal was made available to public. This deadline is final and non-extendable.
Yes, India is a party to the Madrid Protocol. However, the Madrid Agreement is not effective in this jurisdiction.
Periodic statements of use are not required.