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<\/p>\nYou can find below some information on how to register a trademark in India.<\/p>\n
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In this post we talk about:<\/p>
According to the Indian Trademark Law,<\/p>\n
\u201cmark is defined to include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof\u201d.<\/p><\/blockquote>\n
Multi-class trademark applications<\/strong><\/a> can be filed in India.<\/p>\n
Trademark filing and registration of a trademark in India<\/span><\/h2>\n
Some absolute grounds for refusal are:<\/p>\n
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- Trademarks which are devoid of any distinctive character<\/strong><\/a>; that is to say, not capable of distinguishing the goods or services of one person from those of another person;<\/li>\n
- Trademarks which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of goods or of rendering of services, or other characteristics of goods or service;<\/li>\n
- Trademarks which consist exclusively of marks or indications which have become customary in the current language<\/strong><\/a> or in the bona fide and established practices of the trade<\/li>\n<\/ul>\n
Provided that, a trademark shall not be refused registration if, before the date of application for registration, it has acquired a distinctive character as a result of the use made of it<\/strong><\/a> or is a well known trademark.<\/p>\n
Moreover, a mark shall not be registered as a trademark if:<\/p>\n
it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;<\/strong><\/p>\n
if the m<\/strong>ark comprises or contains scandalous or obscene matter<\/p>\n
Some relative grounds for refusal are:<\/p>\n
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- Rival marks are identical and the goods\/services covered by them are also identical;<\/li>\n
- Rival marks are identical, but goods\/services covered by them are not identical but similar;<\/li>\n
- Rival marks are not identical but similar and the goods\/services covered by them are either identical or similar<\/li>\n<\/ul>\n
After advertisement of a trademark in the Trade Marks Journal, Indian law provides a period of 3 months<\/strong> (which may be extended by a period not exceeding 1 month) within which the registration of the trademark may be opposed by any person<\/strong><\/a>.<\/p>\n
If the opposition is successful, the registration of the trademark will be refused. If it fails, the mark will be registered.<\/p>\n
Duration and validity of a trademark in India<\/span><\/h2>\n