How can an International Patent Application be filed through PCT in India?

The International Patent Application through PCT, designating countries of interest can directly be filed at the Indian Patent Office with India as the receiving office.

Four copies of the International Application is required to be filed with the Patent Office.

The Patent Office prepares the certified copy of the priority documents and the same is transmitted to the International Bureau (IB) of the World Intellectual Property Organization (WIPO).

A search copy is also sent to the International Searching Authority (ISA). The ISAs conduct and issue search report on the patentability of the invention. The applicant may also consider examination of his application by the International Preliminary Examination Authority.

Depending upon the favorability of International search report and International Preliminary Examination report on Patentability the patent application may enter the national phase of the designated countries.

For further information on how can an International Patent Application be filed through PCT in India, please write to us at info@ssrana.com

Does Indian law extends special protection to well-known trademarks?

Yes, the Indian Trademark Law extends extra-ordinary protection to well-known marks in India. The Trademark Act, 1999 defines well-known trademarks and the Indian Judiciary in plethora of cases has granted protection to well-known marks like granting of exparte-injunction and protecting unregistered marks in India. Reference can be made to the cases of Daimler Benz Akietgesellschaft v Hybo Hindustan, Whirlpool Co & Anr v. N R Dongre, Rolex Sa vs Alex Jewellery Pvt Ltd & Ors.

A list entailing well-known trademarks is also available at the Registry’s website at http://ipindiaservices.gov.in/tmrpublicsearch/wellknownmarks.aspx.

For further information on special protection to well-known trademarks in India, please write to us at info@ssrana.com

Can non-traditional trademarks be registered in India?

Yes, non- traditional trademarks like three-dimensional marks, shape marks, sound marks, holograms, sole colour marks and colour combination marks can be registered in India.

Please note that any mark which is capable of being graphically represented, prima facie qualifies for trademark registration in India.

In view of the aforesaid, non-traditional trademarks like taste and smell marks are not deemed registrable under the Indian trademark law.

For further information on how a non-traditional trademarks be registered in India, please write to us at info@ssrana.com

How can I stop someone from misusing my logo or brand name?

If your brand name is registered then the remedy of infringement can be initiated to restrain misuse by third party. If trademark is pending then common law action of passing off can be initiated for prohibiting unauthorized use.

The reliefs that the Trademark Law provides in case of infringement or passing off are permanent and interim injunction, damages, accounts for profit, delivery of infringing goods.

Generally on discovering trademark misuse, trademark holders also send Cease & Desist notice to the infringer. Sending of Cease & Desist notice is most often sought as a means of restraining misuse of trademark as it is cost-effective and a milder form enforcing trademark rights against the infringer.

For further information on how to stop someone from misusing my logo or brand name in India, please write to us at info@ssrana.com

How to select an appropriate trademark for filing in India?

The trademark shall be distinctive, non- descriptive and original. Additionally, the following shall be taken care of while selecting a trademark to be filed in India:

-          The mark does not deceive the public or cause confusion;

-          Any content of the mark does not hurt the religious susceptibilities of any class or section of citizen in India;

-          The mark does not contain any scandalous or obscene matter;

-          The mark is not prohibited under the Emblems and Names Act, 1950;

-          The mark does not have a negative connotation in India;

For further information on how to select an appropriate trademark for filing in India, please write to us at info@ssrana.com

How can I trademark my company name or logo in India?

The procedure for registering a company name is same as above. A company name can be registered from classes 35 to 45 depending on the kind of services rendered by the company.

Procedure for registering a logo as a trademark is same as above, however, there are certain additional requirements for logo while filing. For example if the logo is filed in a particular colour combination then is it limited to that combination only or it is registered in all colours. If the logo is a 3D mark then certain statutory requirements like the application shall contain three different views of the mark.

For further information on how to register a company name or logo in India, please write to us at info@ssrana.com

How can I register a brand name or a trademark in India?

In India brand name can be registered under the Trademark Law which provides for trademark registration. The various steps involved in registering a trademark are:

1. Searching for a unique and distinctive brand name;
2. Filing trademark application in the relevant class (es) with the Registry- which can be done manually at the appropriate Trademark Office or can be filed online at https://ipindiaonline.gov.in/trademarkefiling/user/frmlogin.aspx .
3. Prosecution of trademark application and meeting of objections raised by the Registry i.e. examination of trademark application;
4. Publication of Trademark Application in the Trademark Journal;
5. If no opposition is filed within the stipulated period then mark is registered;
6. Registered trademark is to be renewed in every 10 years;

For further information on how to register a brand name in India, please write to us at info@ssrana.com