Legal Question in Intellectual Property in India

Trademark registration in India and abroad

Hi,

We are a small startup in bangalore and want to register a trademark firstly in India, and then also in other countries including US and UK. What is the simplest route for an Indian company to do this, considering that India is not a partner to Madrid Protocol and the Indian Trademark does not by default give protection in other countries?

Also, how much time and money would this take? We believe that a US TM application can be filed based on an application in India and one does not have to wait till the actual TM is granted in India.


Asked on 10/23/05, 3:44 am

2 Answers from Attorneys
Prabhat Shroff Shroff & Company

Re: Trademark registration in India and abroad

As far as registration in India is concerned, you can have it registered by filing an application with the trade mark registrar. The process may take 12 to 18 months.

Simultaneously, you can file application for international registration, electronically, with WIPO (World Intellectual Property Organization), which should be valid in all countries who are members of WIPO.

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Answered on 10/24/05, 3:34 am
Vimal Kishor Falcon Services

Re: Trademark registration in India and abroad

Registering Trademark in India is as simple as it can be, You just need to prove the distinctiveness of your proposed mark/logo and file an application accompanied with the prescribed fee with the Registrar of Trade Marks who after due examination and verification allots the same to the applicant.

Once the mark is registered in India, you can simultaneously move an application to all convention countries for the registration of the Trade mark as registered in India.

In case you require our assistance to register the same we would be happy to assist you

thanking you.

Vimal Kishor

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Answered on 10/23/05, 11:48 am


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