The following articles shall comprehensively guide to register trademark in Singapore which the trademark applicant should note prior to officially filing Singapore trademark.
| QUESTIONS | ANSWERS |
| What is trademark rights in INDIA: first to file or first to use? | India is applying “first to use” system. |
| What is advantage of trademark registration in INDIA? | The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark. The certificate of trademark registration is the evidence proving the right of the owner with the trademark. |
| Definition of trademark in INDIA (i.e. What can be a trademark in INDIA)? | Words, names, devices, three dimensional shapes, color, slogans, sounds, trade dress, holograms may be registered as a trademark in India. |
| Do we need to conduct trademark search in INDIA before officially filing trademark in INDIA? and Why? | It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in India. |
| What international treaties INDIA is a member? | India is the member of Madrid Agreement and Madrid Protocol. |
| When is opposition to trademark application in INDIA? | Any parties have the right to file opposition against an applied trademark before it has been granted the protection. |
| Do we need Proof of use for trademark in INDIA? | Proof of use is required if the applicant claim the use. In this case, the applicant is required to provide the Proof of use at the time of filing the application. Otherwise, the Proof of use is required prior the issuance of the registration or the issuance of a notice of allowance/acceptance. |
| What rights do owners of trademark have after getting trademark registration in INDIA? | After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party. |
| What is term of trademark in INDIA? | A trade mark shall be registered for a period of 10 years from the application date. |
| What is use requirement after trademark registration in INDIA?
What actions could be considered as use of trademark in INDIA?
Could we stop validity of trademark registration certificate based on non-use for a period of time?
How many years of non-use? |
Proof of use is required in case the applicant claim the use of the trademark. It is required to provide the Proof of use for evaluation and consideration of the protection of the trademark.
Proof of use documents may be a declaration from applicant, sample of the trademark that has been use in actual, sale figures of goods/services bearing the trademark, license agreement…. |
| Is cancellation of trademark registration in INDIA available?
What is the foundations for such cancellation? |
“The cancellation of trademark registration in India is available. A trademark may be cancelled where:
– The mark that are similar or identical with the armorial bearings, flags and other state emblems’; – The mark is generic; – The registered trademark conflict with the earlier trademark; |
| What are required documents for renewal trademark in INDIA?
Is grace period after renewal date allowed? |
The required documents for renewal a trademark in India is Power of Attorney. The original certificate of trademark registration, the proof of the previous renewal may be required by the authority competent. |
| Is customs record of trademark registration available in INDIA? | The trademark registration may be recorded online on customs data but it is not automatically mechanism. |