FAQ - Trade Mark filing in India

--Any person claiming to be the proprietor of a trade mark, used or proposed to be used by him, may file an application for the registration of a trade mark.

--Yes, a multi-class application can be filed in India. 

--(i) Name and address of the applicant: The complete name and address of the applicant is required. In case the applicant is a partnership firm, the complete name of all the partners are required. In case the applicant is a body incorporate the country or state of incorporation is required.

(ii) Specification of goods and services: The complete specification of goods/ services in respect of which the applicant wish to register the mark is also required.

(iii) Statement of use: A statement whether the mark is in use or not is required. In case the mark is in use, the exact date of first use of the mark with date, month and year should be provided along with an affidavit enclosing evidence of use. In case the mark is not in use, the application can be filed on proposed user basis.

(iv) Soft copy of the trade mark to be registered.

(v) A signed copy of authorization of agent.

-- Yes, it is mandatory to provide statement of use at the time of the filing of the application. In case the mark is already in use, an affidavit testifying to such use along with supporting documents shall also be required, however the affidavit can be filed within one month of the filing of the application in India.

The term ‘use’ in India has an extensive meaning and does not necessarily mean physical presence of the goods or services in India. Advertisement of the mark in foreign journals having circulation in India or the use of the mark on a website which is accessible in India is also considered as use.

--Yes, its mandatory to submit authorization of agent at the time of filing of the application. The same should be executed on a plain paper. Notarization or legalization of the same is not required. 

--No, a scanned copy of the same sent through email is sufficient.

--Within one working day of receiving of trade mark filing instruction.