1. Trademark protection arises through:
|
a. Simple effective use in commerce? |
Yes. |
|
b. Registration? |
Yes. |
|
c. Cautionary notice? |
No. |
|
d. Intensive use (notoriety)? |
Yes. |
|
e. Public recognition? |
Yes. |
|
f. Well-known character? |
Yes. |
|
g. Others? |
N/A |
2. Registrable types of mark:
|
a. Individual mark? |
Yes. |
|
b. Collective mark? |
Yes. |
|
c. Certification mark? |
Yes. |
|
d. Well-known mark? |
Yes. |
|
e. Others? |
N/A |
3. Registrable forms of mark:
|
a. Word mark? |
Yes. |
|
b. Figurative mark with word elements? |
Yes. |
|
c. Figurative mark? |
Yes. |
|
d. Shape mark? |
Yes. |
|
e. Shape mark with word elements? |
Yes. |
|
f. Position mark? |
No. |
|
g. Pattern mark? |
No. |
|
h. Color (single) mark? |
No. |
|
i. Color (combination) mark? |
Yes. |
|
j. Sound mark? |
Yes. |
|
k. Motion mark? |
Yes. |
|
l. Multimedia mark? |
No. |
|
m. Hologram mark? |
|
|
n. Others? |
N/A |
4. Possibility of claiming a foreign priority:
|
a. If yes, what is the time limit? |
In accordance with the Paris Convention, a foreign priority may be claimed in India, within 6 months from the date of the first application made in the convention country. |
|
a. If yes, what is the time limit? |
Yes, you may claim a foreign priority. In accordance with the Paris Convention, a foreign priority may be claimed in India, within 6 months from the date of the first application made in the convention country. |
5. Classification of goods and services:
|
a. Nice classification adopted? |
Yes. The current version is the current edition of the International Classification of Goods and Services (NICE Classification) published by the WIPO; presently Eleventh Edition, Version 2021. |
|
b. Local subclass system? |
No. |
6. Possible claims against new application:
|
a. Opposition proceedings implemented in trademark law? |
Yes. |
|
b. If yes, is the basis for opposition a prior registered trademark? |
Yes. |
|
c. If yes, is the basis for opposition a prior pending trademark application? |
Yes. |
|
d. If yes, is the basis for opposition a non-registered trademark in use? |
Yes. |
|
e. If yes, is the basis for opposition a non-registered notorious or famous mark? |
Yes. |
|
f. If yes, is the basis for opposition a prior company name/trade name? |
No. |
|
g. If yes, is the basis for opposition absolute grounds? |
Yes. |
|
h. Others? |
N/A |
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