India IP: Trademarks, Patents, Industrial Designs, Copyright and Domain Names

India is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country, and the most populous democracy in the world.

India is a republic consisting of 28 states and seven union territories with a parliamentary system of democracy. It has the world's twelfth largest economy at market exchange rates and the fourth largest in purchasing power. Economic reforms since 1991 have transformed it into one of the fastest growing economies; however, it still suffers from high levels of poverty, illiteracy, and malnutrition. A pluralistic, multilingual, and multiethnic society, India is also home to a diversity of wildlife in a variety of protected habitats.

General Information

Capital:

New Delhi

Population:

1.1 Billion

Languages:

Hindi

Languages:

English

Government Type:

Federal republic Parliamentary democracy

Dialing Code:

+91

Timezone:

GMT +6

Monetary Unit:

Indian rupee (Ã¢â€šÂ¨) (INR)

More information:

India

International Arrangements

WIPO Convention
Paris Convention (Industrial Property)
Berne Convention (Literary and Artistic Works)
PCT (Patents)
Geneva Convention (Unauthorized Duplication of Phonograms)
Budapest Treaty (Deposit of Micro-organisms)
Nairobi Treaty (Olympic Symbol)
WTO: Member and Signatory to TRIPS Agreement
Member of UCC
Member of SAARC

Patents

Types of Patents:
- Patents of Invention

Filing Requirements:

- A simply signed Power of Attorney; this can be filed after filing the application;
- A declaration signed by the inventor(s) or a notarized copy of the assignment from the inventor(s) to the applicant(s); this can be filed after filing the application;
- In case of national phase application under the PCT, international application number, title of the invention and the applicant(s) in India and any amendments filed to the international application. If the international application or WIPO publication was not in English, a certified/notarized English translation is required;
- In case of convention application under the Paris Convention, one copy of the specification including claims and drawings, a certified copy of the basic application or its notarized copy. If the certificate is not in English, a certified/notarized English translation is required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application;

Granting:
The term of a patent is seven years from the filing date;

Trademarks

Filing requirements:

- A simply signed Power of Attorney; this can be filed after filing the application
- Name(s), nationality, occupation and address of the applicant(s)
- A list of the goods/services and the corresponding class(es)
- The following additional details are needed in respect of trademarks to be registered:
- In case of word marks or graphic marks containing words that are not in English, name of the language and an English translation of the word(s);
- In case of graphics (2D or 3D), a brief explanation of the mark and 10 copies of the mark;
- In case of three dimensional (3D) mark, two dimensional graphic or photographic reproduction of three different views of the mark;
- In case of marks consisting of the shape of goods or its packaging, at least five different views of the trademark and a description by word of the mark;
- If a mark is to be registered wholly or in part to any combination of colours, 10 copies of the mark, (if a mark is registered in black and white, it shall be deemed to be registered for all colours)
- A certified priority document or a copy of it duly notarized, if priority is to be claimed. If the certificate is not in English, a certified/notarized English translation is required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within two months from the filing date of the application;
From which date (or month of the year or year) the mark is being used in India. If not used in India, mention ‘proposed to use’. If the mark is used only in respect of a few of the goods/services listed, date (or month of the year or year) since when the mark is used in India and items of goods/services in respect of which the mark has actually been used. Such use could be by the applicant(s), predecessor or assignor;

Note: All documents should be in English or a certified/notarized English translation is required.

Kindly include date of use of the mark in India, if any.

Granting:
- The protection is ten years;

Renewals:
- Before the expiration is possible to renew for another ten years;

Designs and Models

Filing requirements:

- A simply signed Power of Attorney; this can be filed after filing the application;
- A document supporting the right of the applicant in the design, in the event the applicant is not the creator;
- Specify the novel aspects of the design;
- The article(s) covered by the design and the material used in producing these items;
- The class in which the design is to be registered;
- Four sets of the representations of the design;
- A certified priority document or a copy of it duly notarized, if priority is to be claimed. If the certificate is not in English, a certified/notarized English translation is required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within two months of filing the application;

Note: All documents should be in English or a certified/notarized English translation is required.

Granting:
- The term of protection is ten years from the date of grant;

Renewals:
- Before the expiration is possible to renewal for another ten year

Copyrights

Berne Convention for the Protection of Literary and Artistic Works

As a member of the Berne Convention, it is possible to copyright protect creative works in this country, as well as all the other member nations automatically (more than 160 countries), with one single application.

For more information and to submit us your works for worldwide copyright protection, click here.

Domain Names

Domain extension:

.in

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India IP: Trademarks, Patents, Industrial Designs, Copyright and Domain Names