A Guide For Trademark Protection

Singhania & Partners is a full-service law firm with offices in Delhi- NCR, Bengaluru, Hyderabad and Gurugram. The firm assists clients in domestic and international dispute resolution, project finance, M&A, employment and intellectual property areas. It is the Indian member of TerraLex, Inc. (USA) which is a global network of 600+ Law Firms offices in 100+ countries.

Explore Firm Details

1. Trademark protection arises through:...

India Intellectual Property

Article Insights

Singhania & Partners LLP are most popular:

within Intellectual Property, Energy and Natural Resources and Antitrust/Competition Law topic(s)
with readers working within the Aerospace & Defence, Law Firm and Construction & Engineering industries

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

To view the full article, please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.