India Trademark Registration and Fees

India Trademark Registration and Fees

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■ 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 most 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…
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Indian Patent & Design that need to know

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Patent ■ Authority: Office of the Controller General of Patents, Designs & Trademarks, CGPDM, generally known as the Indian Patent Office (IPO) ■ Evolution of the Indian Patent Act: ■ Type of Applications:   Provisional Application: invention is still under experimentation stage Ordinary Application: without claiming any priority Convention Application: claiming a priority PCT International Application: Under Patent Cooperation Treaty PCT National Phase Application: national phase application in India Patent of Addition: slight modification Divisional Application: invention may divide and file two or more applications ■ Basic points in Indian Patent application: 1: Important time frame: Term of patent protection Right of priority Average wait time Grace Period 20 years Within 12 months 5~6 years 12 months 2: Basic requirements & Process: Language Hindi/ English Documents Legal information, Technical information, Power of attorney, Verified English translation of…
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