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TRADEMARK The Trademark Act of 1999
Types of Trademark Registered CONVENTIONAL TRADEMARKS including word mark, device mark, collective mark and certification mark. NON-CONVENTIONAL TRADEMARKS including 3-D mark, sound mark, color mark, slogan mark and shape mark. WELL-KNOWN TRADEMARKS
Edition of Nice Classification Accepted by the Trademark Office 11th Edition
Initial Registration Term 10 years from the Date of Application
Opposition Period 4 months from the Date of Publication of the Trademark in the Official Gazette
Renewal Term Renewable every 10 years
Grace Period for Trademark Renewal 6 months
Non-Use Cancellation Period of a Trademark 5 years from the Date of Registration
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PATENT The Patents (Amendment) Act – 2005 The Patents (Amendment) Rules – 2016
Types of Patent Protection Available Process Patent and Product Patent
Types of Patent Applications Non-Convention Application Convention Application PCT National Phase Application Divisional Application Patent of Addition
Term for Patent Protection 20 years
Time Frame for Examination 1 month approximately from the Publication Date or 1 month from the Date of Request for examination, whichever is later.
Time Frame for Publication 18 months approximately from the Date of Filing or Date of Priority, whichever is earlier.
Opposition Period Opposition at Pre-grant Stage – usually within 6 months of Patent Publication Opposition at Post-grant Stage – within 12 months from the Date of Publication of grant
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INDUSTRIAL DESIGN The Design Act, 2000
Types of Industrial Design Applications Non-Convention Application Convention Application
Registration Term 15 years from the Date of Application
Effective Date of Registration The Priority Date
Time Frame for Examination from the Date of Application 2 months approximately
Opposition Period 6 months from the Date of Publication of the Industrial Design in the Official Gazette.
Renewal Term After 10 years of the Registration Term, the Industrial Design can be renewed only once for 5 more years.
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GEOGRAPHICAL INDICATION The Geographical Indications of Goods (registration and protection) Act, 1999 The Geographical Indications of Goods (Registration and Protection) Rules, 2002
Initial Registration Term 10 years
Renewal Term Renewable every 10 years
COPYRIGHT The Indian Copyright Act 1957, amended frequently, and the Indian Copyright Rules, 1958
International Copyright Agreements Berne Convention for the Protection of Literary and Artistic works. Universal Copyright Convention. Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms. Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties. Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement
Remedies Against Infringement Civil Remedies Criminal Remedies Administrative Remedies
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