Frequently Asked Questions (FAQs)

Yes, services can be protected under Classes 35 to 45 of the 11th Edition of the Nice (International) Classification.

Yes, co-ownership is allowed. A Joint Venture Agreement, duly executed by both parties, will be required.

No, priority can only be claimed for the same trademark, in respect of the same goods/services, filed on the same date in the Convention Country.

Yes, the application undergoes examination based on:

• Absolute Grounds for Refusal (e.g., non-distinctiveness, descriptiveness).
• Relative Grounds for Refusal (e.g., conflict with an earlier registered mark).

A trademark may be refused on formal grounds, including:

• Lack of distinctiveness or descriptiveness.
• Deceptiveness.
• Public policy concerns.
• Immorality.
• The mark must be kept free for use (common to trade).
• Resemblance to:
  • Official symbols.
  • National flags.
  • Names of international organizations.
  • Surnames.
  • Geographical names.
  • Geographical indications (appellations of origin).
  • Well-known trademarks (Article 6bis of the Paris Convention).
  • Prior trademark applications/registrations owned by third parties.
• Use of laudatory words.
• Use of chemical element names or International Non-Proprietary Names (INN).
• Prohibited marks under the Emblems and Names (Prevention of Improper Use) Act, 1950.

Yes, an applicant may file a request for expedited processing using the designated official form along with the prescribed fee.

The acceptance of a Consent Letter depends on factors such as the nature, class, and market use of the mark. The Registrar assesses whether granting multiple exclusive rights for the same/similar goods or services is in the public interest.

Yes. Under Section 11 of the Trade Marks Act, 1999, the owner of a well-known but non-registered trademark can oppose a conflicting trademark application.

Yes, an opposition can be filed based on any absolute grounds that would render a mark unregistrable under the law.

No, the 4-month period from the publication date in the Trade Marks Journal for filing an opposition cannot be extended.

No, prior use of the trademark is not required before registration.

The registration term is calculated from the trademark application date, and the first renewal is due 10 years from this date.

Yes, the list of goods and/or services can be restricted at any time, provided the limitation remains within the original scope of protection.

Yes, a trademark can be cancelled before the Registrar of Trade Marks due to non-use.

India is a signatory to the following international agreements:

• Paris Convention – Ratified on December 7, 1998.
• WIPO Convention – Ratified on May 1, 1975.
• WTO (TRIPs Agreement) – Ratified on April 15, 1995.
• Madrid Protocol – Effective in India from July 8, 2013. (International trademarks granted before this date cannot be extended to India.)

Yes, an appeal can be filed before the High Court having jurisdiction over the matter.

• The Intellectual Property Appellate Board (IPAB) was established on September 15, 2003 to handle trademark appeals.
• However, the IPAB was dissolved on April 4, 2021, under the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021.
• Since then, all trademark appeals are handled by the High Court having jurisdiction.