Q: How long will it take to conduct a trademark search?
A: 8 - 14 working days.
Q: Does your country use the international classification?
A: Yes.
Q: Are there any goods or services for which the mark can not be registered?
A: Yes, alcoholic drinks and the whole of class 33.
Q: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
A: Will give protection to the whole goods within the class.
Q: Can a trademark be registered in the name of more than one applicant ( i.e. joint application) ? If so, what are its requirements?
A: Yes, power of attorney executed jointly by the parties concerned.
Q: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
A: No, the only document required for filing an application is a legalized power of attorney.
Q: Can one application cover more than one class of goods/services?
A: No, a separate application is to be filed for each class of goods.
Q: May priority be claimed under the Paris Convention?
A: Yes.
Q: What is the term of protection of a trademark? From what date is it calculated?
A: 10 years from the application date.
Q: Is marking compulsory and, if so, how should marking be made?
A: Marking is not compulsory, but recommendable
Q: In case a trademark is not renewed in due time, and another company register the same trademark, can the original owner oppose the registration or not?
A: Yes.
Q: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
A: A duly legalized certificate showing the correct details issued by a competent authority.
Q: Is use required before registration or for maintaining the registration in force?
A: Prior use is not required for registration, but use is necessary to maintain the registration in force.
Q: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
A: Yes.
Q: What are the types of use required?
A: Sale of goods, advertisement, etc.
Q: Can the assignment of an application be recorded?
A: Yes.
Q: Is recording a license agreement compulsory? What are the consequences of non-recordal?
A: No. A license agreement will have no effect to third parties unless recorded.
Q: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
A: No.
Q: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
A: Assignment can be made with the goodwill. Nominal amount. There is no tax payable on the value.
Q: Can the trademark application be opposed and what is the opposition period?
A: Yes and the period is 30 days from the date of publication in the official gazette.