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Things you need to do about International Registration Designating India

STLO Asia > News & Publications  > Things you need to do about International Registration Designating India

Things you need to do about International Registration Designating India

Being a member of Madrid Protocol, you may all aware that an international application can be filed through International Bureau of WIPO designating India. Such international application shall be examined as per the provisions of Indian Trademark Act 1999 and rules made under.

If the international application is refused registration, the status will be shown as “objected” in the records of the International Register. The deadline to respond to the objection raised by the Indian Trademark Office is within one month from the receipt date of the provisional refusal. In case that you cannot respond within the deadline, a request for an extension can be filed before the expiry date. Kindly note that there is no specific provision supporting this but due to the Guidelines for Functioning under the Madrid Protocol issued by the Indian Trade Marks Registry.

The Indian Trade Mark Registry relies solely on the response filed without appointing subsequent hearings for the international applications filed under Madrid Protocol which saves time and costs for the applicant. Nevertheless, it is very important that a response filed against the provisional refusal must contain many detailed information contesting and arguing on all the objections raised, supporting with relevant judicial precedents and sufficient evidences confirming the claims.

Although there is no provision for claiming usage for Madrid application in India, being a common law country, the Registry always give the importance to usage of a mark. Claiming usage of the mark can help acquire distinctiveness of the mark. Nowadays, you cannot imagine the scope of usage we should take into consideration. We see many borderless evidence of use playing more and more important roles in persuading the Register to accept the mark for registration.

STLO International will be pleased to assist in filing a response against the Indian Trade Mark Registry. Given the knowledge and expertise of our local professional team, we can deal with the office action on your behalf.

Trust us when receiving a provisional refusal against your international application from this country.

Kamolwan Ueapairottaworn
STLO International Ltd.
11 August 2017

STLO Group

Copyright © 2017, STLO Asia Ltd., All right reserved.

STLO International will be pleased to assist in filing a response against the Indian Trade Mark Registry. Given the knowledge and expertise of our local professional team, we can deal with the office action on your behalf.

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