Can Foreigners Apply for Trademarks in India?

Last Updated at: December 22, 2020
261
Trademarks in India
In June 2020, the Bombay high court restrained an Ayurvedic manufacturer, Green Cross Health Innovation, from using registered trademarks of Franco-Indian Pharmaceuticals Pvt Ltd. Franco moved the court after it found  that it’s trademark DIAVIT, prescribed as supportive therapy for diabetics, was being used by Green Cross Health Innovation to sell an Ayurvedic formulation through various e-commerce sites. 

 

Yes. Foreign companies or individuals can apply for Trademarks in India. 

As per the Madrid protocol agreement, a trademark can be registered in multiple countries by its owner. If multiple applications are made to register in other countries, then six months is deducted from the earliest application.  The foreign individual or the company can apply for more than one service or product in India. India acknowledges the scheme of multi-class applications. The goods and services is into 42 classes in India.  The foreign national can file trademark applications in India provided his country is a member of the Madrid Protocol.

What is the Madrid Protocol?

A registered trademark can project its unique positioning to the consumers. But, a trademark registered in a particular country can protect the interests of the concerned proprietor in that country only. If the proprietor wanted to protect his trademark internationally, he needed to register his trademark earlier in every country where he wanted such protections. This cause inconvenience as the multiplicity of applications and the cost get the increase by manifolds. The Madrid System was introduced as a ‘single-window solution’ to all such problems.  

The Madrid Protocol is regulated by the Geneva-based organisation WIPO (International Bureau of the World Intellectual Property Organization). This system allows registration of trademarks in multiple countries (that are members of the Madrid Union) by filing a single application. India became a member of the Madrid Protocol from 8th July 2013. This means any individual/entity from a member country can apply for trademark registration in India.

What is a trademark?

In general words, a Trademark can be a symbol or a phrase, or a word. They represent either the company or a particular product. Trademarks also include acronyms, fonts, slogans, particularly designed colours, sounds, logo designs, shapes, emblems, letters, etc. Trademarks help to differentiate the products of a particular company from other opponents.  The ™ symbol is commonly on new designs, logos, phrases, or words by the particular association or the individual. While waiting for the completion of Trademark Registration. A registered Trademark for a particular service/product is indicated by the ® symbol.  

When a particular product has a Trademark that doesn’t mean it is a Registered Trademark. ™ symbol is for unregistration Trademarks but the ® symbol is for unregister Trademarks. The symbol should for only Trademarks registration purpose. The ™ trademark has no protection while the symbol ® has protection and also legal rights. SM symbol is to represent services by an individual or a company but not manual products. It is inaccurate to use ™ symbols if you sell services rather than products and vice versa.

Benefits of Trademark Registration  

The exclusive rights is to the owner for their product/service by Trademark registration. No one is certified to use that particular name, design, symbol, or logo. In case of infringement or misuse. The owner possesses the legal right to take action against the third party. Some of the uses of Trademark registration online are the Trademark promotes the goods and services. 

Trademark creates an image and prestige for the products and services. Trademark differentiates the product from other similar products. Trademarks also point out the birth of the service or product or goods. Trademark assists as the symbol of the commitment. Having a Trademark encourages customers to purchase these services/products.

get Trademark registration

According to the Indian Trademark Law, there are few categories of trademarks that can be registered. They are Product Trademarks, Certification Trademarks, Service Trademarks, and Collective Trademarks. Product Trademarks is to hook to recognize goods and products. 

Certification Trademarks is for certifying the origin of the material, or product, or service. Service Trademarks is to specify the services. Such as Trademark for retail reserves, courier services, and many more. 

While, the Collective Trademarks are registered for institutions, organizations, and companies. Collective Trademarks specifies the membership of the organization. 

Trademark Registration process

It is important to have all the documents required for Trademark Registration online and offline. Some of the necessities are the applicant’s name, address, portrayal, and an indication of the Trademark. The first step is to have a proper name for your product/service. Many individuals often try to have descriptive names because it describes the product. 

Choosing a name is surely time taking. Because, when applying for trademark registration, if your Trademark name is similar to other rivals. Then you might receive a letter stating to change your Trademark name. So to avoid this Trademark search should prepare. It is available in both offline and online methods. Consulting an experienced firm is useful. You have to fill the TM-1 application for Trademark Registering. 

Trademark registration online and offline is sure expensive but you will also get the maximum benefits from it. Once the Trademark has registration you can use the ® symbol for your product. 

Conclusion

If you are a foreigner or an Indian and are looking to get a trademark done, then our team at Vakilsearch will be glad to help. 

 

 

0

Can Foreigners Apply for Trademarks in India?

261
In June 2020, the Bombay high court restrained an Ayurvedic manufacturer, Green Cross Health Innovation, from using registered trademarks of Franco-Indian Pharmaceuticals Pvt Ltd. Franco moved the court after it found  that it’s trademark DIAVIT, prescribed as supportive therapy for diabetics, was being used by Green Cross Health Innovation to sell an Ayurvedic formulation through various e-commerce sites. 

 

Yes. Foreign companies or individuals can apply for Trademarks in India. 

As per the Madrid protocol agreement, a trademark can be registered in multiple countries by its owner. If multiple applications are made to register in other countries, then six months is deducted from the earliest application.  The foreign individual or the company can apply for more than one service or product in India. India acknowledges the scheme of multi-class applications. The goods and services is into 42 classes in India.  The foreign national can file trademark applications in India provided his country is a member of the Madrid Protocol.

What is the Madrid Protocol?

A registered trademark can project its unique positioning to the consumers. But, a trademark registered in a particular country can protect the interests of the concerned proprietor in that country only. If the proprietor wanted to protect his trademark internationally, he needed to register his trademark earlier in every country where he wanted such protections. This cause inconvenience as the multiplicity of applications and the cost get the increase by manifolds. The Madrid System was introduced as a ‘single-window solution’ to all such problems.  

The Madrid Protocol is regulated by the Geneva-based organisation WIPO (International Bureau of the World Intellectual Property Organization). This system allows registration of trademarks in multiple countries (that are members of the Madrid Union) by filing a single application. India became a member of the Madrid Protocol from 8th July 2013. This means any individual/entity from a member country can apply for trademark registration in India.

What is a trademark?

In general words, a Trademark can be a symbol or a phrase, or a word. They represent either the company or a particular product. Trademarks also include acronyms, fonts, slogans, particularly designed colours, sounds, logo designs, shapes, emblems, letters, etc. Trademarks help to differentiate the products of a particular company from other opponents.  The ™ symbol is commonly on new designs, logos, phrases, or words by the particular association or the individual. While waiting for the completion of Trademark Registration. A registered Trademark for a particular service/product is indicated by the ® symbol.  

When a particular product has a Trademark that doesn’t mean it is a Registered Trademark. ™ symbol is for unregistration Trademarks but the ® symbol is for unregister Trademarks. The symbol should for only Trademarks registration purpose. The ™ trademark has no protection while the symbol ® has protection and also legal rights. SM symbol is to represent services by an individual or a company but not manual products. It is inaccurate to use ™ symbols if you sell services rather than products and vice versa.

Benefits of Trademark Registration  

The exclusive rights is to the owner for their product/service by Trademark registration. No one is certified to use that particular name, design, symbol, or logo. In case of infringement or misuse. The owner possesses the legal right to take action against the third party. Some of the uses of Trademark registration online are the Trademark promotes the goods and services. 

Trademark creates an image and prestige for the products and services. Trademark differentiates the product from other similar products. Trademarks also point out the birth of the service or product or goods. Trademark assists as the symbol of the commitment. Having a Trademark encourages customers to purchase these services/products.

get Trademark registration

According to the Indian Trademark Law, there are few categories of trademarks that can be registered. They are Product Trademarks, Certification Trademarks, Service Trademarks, and Collective Trademarks. Product Trademarks is to hook to recognize goods and products. 

Certification Trademarks is for certifying the origin of the material, or product, or service. Service Trademarks is to specify the services. Such as Trademark for retail reserves, courier services, and many more. 

While, the Collective Trademarks are registered for institutions, organizations, and companies. Collective Trademarks specifies the membership of the organization. 

Trademark Registration process

It is important to have all the documents required for Trademark Registration online and offline. Some of the necessities are the applicant’s name, address, portrayal, and an indication of the Trademark. The first step is to have a proper name for your product/service. Many individuals often try to have descriptive names because it describes the product. 

Choosing a name is surely time taking. Because, when applying for trademark registration, if your Trademark name is similar to other rivals. Then you might receive a letter stating to change your Trademark name. So to avoid this Trademark search should prepare. It is available in both offline and online methods. Consulting an experienced firm is useful. You have to fill the TM-1 application for Trademark Registering. 

Trademark registration online and offline is sure expensive but you will also get the maximum benefits from it. Once the Trademark has registration you can use the ® symbol for your product. 

Conclusion

If you are a foreigner or an Indian and are looking to get a trademark done, then our team at Vakilsearch will be glad to help. 

 

 

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