Uncategorized
When selecting the search tool, it is necessary to ensure that the results launched by the tool do not only cover similar marks already registered with the TMR, but also similar marks that need to be registered. For example, the search results of the EUIPO`s TM View search tool, linked to the Indian TMR database, cover only registered trademarks and not trademarks that are withdrawn or need to be registered for non-renewal. Therefore, be careful in selecting the search tool for trademark search in India, in order to avoid a provisional refusal in accordance with sections 9 and 11 of the Trademarks Act, 1999 (“Act”) and opposition from third parties. In this context, it is strongly advised to carry out a preliminary search in the Indian TMR online database, which is maintained on the www.ipindia.nic.in portal with the help of a local lawyer. Detailed guidelines can be found www.ipindia.nic.in. There are certain guidelines that must be followed by applicants when filing such an international application for the registration of marks in the Register of Marks and guidelines must be followed by the foreign applicant when designating India in his international application. These guidelines are published by the Controller General of Patents, Designs and Trademarks (CGPTDTM). These guidelines are divided into two parts, Part A talks about the responsibilities of the Indian Trademark Office as an Office of Origin and describes the fees, procedures and duration of filing, and Part B talks about the responsibilities of the Indian Trademark Office as a designated party which describes the procedure to be followed for the processing of the international application of the applicant from another Contracting State. In summary, the Madrid Protocol offers a practical and inexpensive way to obtain trademark protection.
However, the effective use of this system in India requires, due to its strict deadlines, greater management and timely management of trademark applications. The Guidelines provide, inter alia, guidelines for applicants to follow when filing an international application with the Register of Marks and also set out guidelines to be followed by foreign applicants when designating India in their international application. How can one claim use in India if there is no provision on the date of use in the international application? In this context, it is strongly advised to conduct a prior search in India, as this will help the applicant to make the application appropriate, after understanding the various problems that a trademark may likely encounter as soon as it is filed in India, which could also help avoid unnecessary costs and delays at a later stage. Some amendments were made to the Indian Trademark Act to comply with the Madrid System after India became a member of the Madrid Protocol System. . . .