News
News
2020-09-24
India Trademark Registration and Fees
■ Authority: Office of the Controller General of Patents, Designs & Trademarks， CGPDM
■ System: Madrid Protocol
■ Classification: The Nice Classification
■ Introduction: The Statement of Use is the unique pattern in the Indian trademark practice compare to Taiwan. A Trademark use is the fundamental concept in trademark law, therefore a register mark needs to use, and a continuous 3-year non-use of the mark can be revoked in Taiwan, whereas in India the basic requirement of the registration is use. This first to use concept can be considered as a great remedy for Bad Faith Registration of the mark. Even a register trademark can be cancelled by the prior user with a valid evidence that can prove the mark was used by the prior user earlier than the registered trademark. It is required to provide the date of first use by the applicant and/or by his/her predecessor. And an Affidavit along with evidence to support his claim of priority. And the mark is file as proposed to be used basic then it must be mentioned specifically, it should be bona fide.
■ Filling Process:
■ Average wait time：Within 8-12 months, if all the documents are adequate and no opposition is filed.
■ Documents required:
■ Revocation：5-year non-use of the mark can be revoked.
■ Fees：Charges are for per class per mark application
■ System: Madrid Protocol
■ Classification: The Nice Classification
■ Introduction: The Statement of Use is the unique pattern in the Indian trademark practice compare to Taiwan. A Trademark use is the fundamental concept in trademark law, therefore a register mark needs to use, and a continuous 3-year non-use of the mark can be revoked in Taiwan, whereas in India the basic requirement of the registration is use. This first to use concept can be considered as a great remedy for Bad Faith Registration of the mark. Even a register trademark can be cancelled by the prior user with a valid evidence that can prove the mark was used by the prior user earlier than the registered trademark. It is required to provide the date of first use by the applicant and/or by his/her predecessor. And an Affidavit along with evidence to support his claim of priority. And the mark is file as proposed to be used basic then it must be mentioned specifically, it should be bona fide.
■ Filling Process:
- File an application to the Office of Registrar of Trade Marks (TMR).
- The TMR will first check your application to see if it has already been taken. If it has, a trademark objection will be raised.
- If it has no objection, it makes an advertisement in the Trade Marks Journal. If there is no opposition from other businesses in the next four months, your trademark is registered around six months later.
■ Average wait time：Within 8-12 months, if all the documents are adequate and no opposition is filed.
■ Documents required:
- The name, address, and nationality of the Applicant.
- A list of goods and/or services
- soft copy of the trademark
- Statement of Use
Claiming use Proposed to be used Should be bona fide Should be bona fide Affidavit and proof of use is needed None Actual use on goods and services need to use as earliest: 5 years - Power of Attorney duly signed
- A certified copy of the Priority Documents (if any)
■ Revocation：5-year non-use of the mark can be revoked.
■ Fees：Charges are for per class per mark application
| Application | Regitration |
| NTD 30500 (More than 2 classes，NTD 21400 per class from the second one) |
NTD 19500 |
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