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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