How to Register a Trademark in India?
A trademark is registered in India for a period of ten (10) years from the date of application of the mark. After filing trademark application in the prescribed form and payment of relevant fees, the mark will be examined, published and eventually proceed to registration, in case no opposition proceedings against the said trademark has been initiated or where an opposition against the said trademark was filed but was decided in favor of the applicant. Thereafter the trademark will be registered for a period of 10 years from the date of filing of the application in India and the certificate of registration will be issued.
Pursuant to registration the insignia ® can be used alongwith the registered trademark.
The Indian Trademark Act also provides that if a registered trademark is not used for a continuous period of five years and three months from the date of registration, then the same becomes vulnerable to cancellation action on grounds of non use.
Period for registration of a trademark
Section 23 of the Trademark Act, which provides for registration of a mark was amended in the year 2010. Pursuant to the amendment, a clause was added in the provision which provides that once an application has been accepted and not opposed or if opposed and decided in favor of the applicant, then the Registrar shall, unless the Central Government otherwise directs, register the trademark within eighteen months from the date of filing the Application.
Correction of clerical error in the certificate of registration
The Act also makes provision for amendment or correction of any clerical error in the certificate of registration and states that the Registrar may amend the register or certificate of registration for the purpose of correcting a clerical error or an obvious mistake.
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