Application submission:

Application for the trademark should be submitted in the format attached in the Annex. Documents to be included:

1.     Company registration certificate – authorized copy
2.     VAT registration certificate – authorized copy
3.     Payment receipt
4.     Power-of-attorney (including copy of identity card of the authorized representative)
5.     Description of the use of trademark including international classification and 4 samples of the symbol
6.     Application to requesting inclusion in Paris Convention – authorized copy

         All authorized copies should be notarized. After the application is submitted the Department will publish a notice for claims against the trademark, if no claims are submitted within 90 days, the proceeding moves ahead. You must receive the trademark      within a year of approval

Conditions for refusal to register trademark

1. If such trademark is deemed to make adverse effect in the dignity of any individual or institution,

2. If such trademark makes bad effect in the well-being and morale of people in general or in national interest,

3. If such trademark effects in the goodwill of trademark of any other person,
4. If such trademark has been registered in the name of other person,
5. The trademark which is contrary to the principle, norms and international conventions of industrial property.                   Term and renewal of trademark

-          The registered trademark holder shall have right over the trademark for a period of 7 years

-          The registered trademark has to be renewed within 35 days from the date of expiry.

Cancellation of Trade- Mark:

If a trade- mark registered at the Department is not brought into use within one year from the date of registration thereof, the Department shall conduct necessary inquiries and cancel the registration.

Complaint and opposition:–

If any person has any complain on the statement published by the Department, may lodge a complaint to the Department within 35 days of such publication. The Department shall take necessary action by doing examination.

 Punishment and compensation:

If anyone violates the right of the trade-mark user or uses any trade- mark that has been cancelled by the Department, is punished with a fine not exceeding One Hundred Thousand Rupees. And the goods and articles connected with such offences, shall be confiscated on the order of the Department. Section 2 of the TRIPS has made provision on Trademarks: Article 15(1) defines the trademark as any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark. The signs may be personal names, letters, numerals, figurative elements and combinations of colors as well as any combination of such signs is eligible for registration as trademarks. Article 16 talks about the rights conferred to the trademarks owner. Article 16(1) says that, the owner of the trademark has the exclusive right that prevent all third parties from using identical signs without the consent of the owner, for goods or services which are similar to those in respect of which the trademark is registered.

 Fee structure: As of, the fee for the trademarks related works at the Department of Industries is as follows:

 Timeline:

The application process will be completed with in or less than a week. However, the final certificate could be obtain in 12 or plus months.