Posts Tagged "Indian Trademark Filing Strategy"

Single class or Multi Class trademark application in India?

I wish there was an easy answer. Unfortunately there isn’t. Indian Trademarks Law allows filing of multi class applications. If you are using a counsel you may be advised by your counsel to file single class applications, not because he wants to bill you more; because the benefits of single class application outweighs few bucks saved by filing a multi class application.

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What does it mean when a TM-61 alert is issued for my trademark application by the Indian Trademark Office ?

If you had filed your trademark application on paper in India with specification of goods or services exceeding 500 characters and if an application requesting inclusion of additional characters was not filed at the time of filing the new application for registration of your trademark, a TM-61 alert will be displayed on the online status page of the Indian Trademark Office as shown below.

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Filing a trademark application in India – Should it be filed on a proposed to be used basis or claiming usage?

An application for registration of a trademark in India can be filed by either claiming use of the trademark in India or on a proposed to be used (intent to use) basis. Subsequent to publication and in the absence of opposition the application would proceed towards registration. Unlike in the US, proof of usage of the mark in India is not a pre requisite to the grant of registration of the trademark. The usage claimed in the application needs to be bona-fide and supported with documentary evidence of usage and if necessary the Examiner might insist that an affidavit of usage be filed.

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4 steps to register a trademark in India – The fast and cost effective way.

While the Indian Trademark Office has been constantly trying to complete the mammoth task of clearing several thousands of trademark applications pending before it at various stages of prosecution, fulfilling the following steps would help you to protect your trademark in India quickly and cost effectively.

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