Intellectual Property Services Since 1971
DLF Star Tower, Office No.10, Sector 30,
Gurgaon 122001 Delhi (NCR), India
14/2 Palm Avenue, Calcutta 700019, India
Telephone: +91 33 40177100, Telefax: +91 33 40088262
email: enquiries@dpahuja.com, patents@dpahuja.com, trademarks@dpahuja.com
IST: 
General Information
Patents    Trademarks     Designs    

Trademarks

  • Trademarks are presently applied and registered under the Trade Marks Act, 1999, and Trade Mark Rules, 2017 (implemented on 6 March, 2017). The fees have increased significantly under the new Rules.
  • It is possible to file applications electronically in the e-Filing Portal of the Trademark Office. Official Fees for e-filing are 10% lower than paper filing.
  • India Trademark Office follows the current edition of the International Classification of Goods & Services, presently the 11th Edition. It is possible to file applications in all 45 classes of Goods and Services.
  • In non-conventional trademarks, registration for Sound Marks has been introduced under the new Rules. It is also possible to seek registration of three dimensional trademarks and certification marks.
  • It is now possible to file a request with fee for determination of “well-known mark” by the Registrar.
  • It has been possible to designate India in International Applications under the Madrid Protocol since 8 July, 2013.
  • Multiclass application is possible and Division of Multiclass application is also possible.
  • Official filing fees for individual applicants are significantly lower than that for companies.
  • Estimated current time line for grant of registration can be between 12 months (if accepted in the first instance and with no third party opposition) to 24 months (if objections are received and responded successfully and there is no third party opposition). On account of e-filing and faster examination, the grant period has been significantly reduced.
  • Trademark applications are published in the electronic Trademarks Journal for third party opposition. The opposition period is 4 months from publication date.
  • Trademarks are granted for a period of 10 years from application date and are renewable for terms of 10 years thereafter.
  • If a registered trademark is not used in India commercially within any continuous period of 5 years after registration, it becomes vulnerable to an action for cancellation on the ground of non-use by any third party aggrieved by the remaining on the Register of such registered trademark.
  • It is possible to record licenses for registered trademarks provided the request for recordal is filed within 6 months of the effective date of the licence agreement.
  • Four Patent Offices: The Indian Patent Office functions from four locations in India: Kolkata, Delhi, Chennai and Mumbai. Our clients can file in any jurisdiction of their choice.
  • Membership: India is a member of the Paris Convention (1998), providing reciprocity in filing with right of priority. India is also a member of the WTO Agreement (1995), the Budapest Treaty on the International recognition of the deposit of micro-organism for the purpose of patent procedure (1977) and the Patent Co-operation Treaty (PCT).
  • Online Filing on the Indian Patent Office Portal: It is mandatory to use the e-module of the Indian Patent Office for all communications, submissions and filings. Original documents like Power of Authority and Assignment have to be filed physically, in addition to uploading online, within 15 days of online filing.
  • Priority Document: The Indian Patent Office has started the WIPO Digital Access Service (DAS) with effect from 31st January, 2018 for priority documents submitted by applicants from the participating patent offices under the WIPO-INDIA Co-operation agreement.
  • DAS code in lieu of certified copy of priority document: For a convention application filed in India, if you possess the access code/ DAS code, you may consider providing us with the DAS code in lieu of the certified copy of priority document for submission at the Indian Patent Office. The DAS code has been effective from 31.01.2018.
  • Language: The official language for filing an application in India is English. In order to enter the National Phase in India from a PCT application published in a language other than English, a Verified English Translation of that PCT Application and a Verified English Translation of the Priority Document have to be filed within 31 months from the date of the Priority Application.
  • Permission for Foreign Filing License: It is required to obtain a foreign filing license from the Indian Patent Office even if one of the inventors is an Indian resident and desires to file an application outside India without first filing in India.
  • Power of Authority: Power of Authority is required to be filed within three months from the date of filing, otherwise the Indian Patent Office will not take any further action in the application.
  • Patent Prosecution Highway: There is no provision for Patent Prosecution Highway (PPH) in India.
  • Request for Examination: Applications for patents are only examined after a Request for Examination is filed on Form 18 along with the prescribed fee within 48 months from the priority date. Fees for requesting examination are fixed and do not depend on number of claims.
  • Time-line: In India the time taken for issuance of the First Examination Report (FER), which provides objections/requirements, is a minimum of three years from the date of filing a Request for Examination. It takes another 2 years before a patent is expected to be granted.
    A patent is granted when all requirements raised in the FER or in a subsequent Examination Report or Hearing Notice are met, or in the case of a pre-grant opposition, if the opposition is decided in favour of the applicant.
  • Term of Patent: Patents are granted for a term of 20 years from the date of filing, subject to timely renewal.
  • Renewal Fees: Renewal fees are required to be paid annually for the full duration of the Patent term.
  • Design applications in India are processed under the provisions of 'The Designs Act, 2000' and 'The Designs Rules, 2001' as amended in 2008 and 2014.
  • Design applications are examined/processed in the order they are filed and there is no special provision for acceleration of examination process for design registration in India.
  • A design may be granted within four to five months, if the application is found in order for acceptance even without issuing the First Examination Report. To explore the possibility, it is advisable to complete all the filing formalities/requirements at the time of filing the application.
  • It takes nearly 6 to 12 months for a design to be accepted for registration in India after filing an application.
  • In India, there is no provision for filing a multiple design application. Separate applications have to be filed for designs which are similar but not same. Further, please note that in India divisional applications cannot be filed for designs.
  • Partial design is allowed by the Indian Patent Office, provided the partial design is applicable on any part of an article, which is capable of being made and sold separately. Only that 'part of an article' on which the partial design is sought to be applied, has to be shown separately in the representation of the design instead of showing it as part of an article.
  • Design registration relates only to external features i.e. shape, configuration, pattern or ornamentation etc. of an article or composition of lines or colours applied to any article, whether in two dimensions or three dimensions or in both forms. Any mode or principle of construction or operation of a device or article is not registrable under the Designs Act. Also, anything contrary to public order or morality is not registrable.
  • Novelty in respect of Designs is absolute in India. The article should not have been available or published in India or anywhere in the world.
  • A design is initially valid for 10 years from the date of Registration (Priority date or the date of filing the application in India, if there is no priority) without payment of any renewal/annual fee. It can be renewed for a final term of five years, on payment of renewal fee at any time before the expiration of ten years from the date of Registration.
  • We charge a consolidated one time fee for filing a Design application in India, including Prosecution and Grant applications.
art
Adorn, Oil, 18 x 15 inch by Jiten Hazarika
From the Private Art Collection of S. D. Ahuja

Our office is partially open on Saturdays and is equipped to file new applications.
 
D.P. Ahuja & Co.
Patent & Trademark Attorneys
DLF Star Tower, Office No. 10, Sector 30
Gurgaon 122001 Delhi (NCR), India
14/2 Palm Avenue, Calcutta 700019, India
Telephone: +91 33 40177100
Telefax: +91 33 40088262
email: info@dpahuja.in
patents@dpahuja.in
trademarks@dpahuja.in

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