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Trademark FAQ

  1. Does REGISTRATION COVER OTHER COUNTRIES?
    An Indian trade mark registration only covers INDIA. It does not, therefore, afford protection in any of other country, and a separate application must be filed in each of these countries if registered protection is required. Applications for registration in foreign countries can be based on an INDIAN trade mark application. Convention priority may be claimed if foreign applications are filed within six months after filing of the Indian application.
  2. LICENSING: HOW TO PROTECT THE LICENSOR AND LICENSEE
    The registered proprietor of a trade mark is clearly entitled to use his own mark. The proprietor can also authorize third parties to use a trade mark. In such a case there are advantages to the licensees being recorded in the Trade Marks Register as "Registered Users".
  3. HOW CAN THE APPLICATION FOR REGISTRATION BE OPPOSED?
    Within a period of three months from the date of advertisement in the Indian Trademark Journal, any party may lodge opposition to the registration of the trade mark. Extensions of this period can be obtained on application to the Registrar Various grounds of opposition are available and include conflict with prior registered or common law trade marks. Usually trade marks which do not conform to the requirements for registration may be opposed. Opposition is an important facility, especially in that it affords trade mark owners the opportunity of ensuring that competitors do not register similar trade marks.
  4. Is it advisable to conduct a trademark search before filing an application?
    Before making an application for registration it is careful to make an inspection of the already registered trademarks to ensure that registration may not be denied in view of resemblance of the proposed mark to an existing one or prohibited one.
  5. How preparing an application for Registration?
    An application for trademark may be made on Form with prescribed fee at Trade Marks Registry. The application is examined to ascertain whether it is distinctive and does not conflict with existing registered or pending trademarks and examination report issued. If it is found be acceptable then it is advertised in the Trade Marks Journal to allow others to oppose the registration.
  6. Can I register my domain name as a trademark or service mark?
    Yes, so long as it is being used as a trademark or service mark. If it is merely used to indicate the URL or address at which a web site may be found, such use is not sufficient. It must be used as a source identifier for the goods or services.