Posts Tagged "Proposed to be used"

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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