In India, the Trademark is governed by the Trademarks Act, 1999 (Act No.47 of 1999) as amended by the Trademarks (Amendment) Act, 2010 and the Trademarks Rules, 2002. The Trademarks Rules are regularly amended in consonance with the changing environment. The most recent amendments in Rules have been done in 2017.
Trademark Registration in delhi, India is a territorial right confined to a specific territory with protection for a limited period i.e., 10 years from the date of filing of trademark application; You need to renew it after 10 years.
To understand the registration process in depth at Indian Trademark Registry, we have to focus on following things:
- Who can apply for a Trademark?
- System of applying/filing of trademark application.
- Various Office actions in processing trademark application.
- Lifecycle of a trademark application under registration process.
Who can apply for a Trademark?
Any person who is doing manufacturing goods or providing any type of service can apply for a trademark at the Indian Trademark Registry through his/her self or duly authorized his/her agent.
System of applying/filing of Trademark Application
In India, there are two modes of filing of a trademark application i.e., Offline and Online. In case of online mode applicant can file trademark applications through comprehensive online filing system available at https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx and avails rebate of 10% on Official fee prescribed under Schedule I in the Trademarks Act, 1999.
For trademark India has a head office at Mumbai and four branch offices located at Kolkata, Ahmedabad, Chennai and New Delhi. Each office has a separate territorial jurisdiction which depends normally on the principal place of business of the applicant.
Various Office actions in processing trademark application
Below pictorial representation shows the various office actions taken by the Trademark Registry at different level in the process of registration of a trademark. This clearly depicts that where, when and what actions are taken by the Trademark Registry and also that at which step an applicant should response accordingly.