International IP Protection

REGISTRATION OF TRADEMARK IN SOUTH ASIAN COUNTRIES

It is usually most convenient and cost effective to have a one point contact for professional and transparent services from trusted associates.

We will be glad to assist you and your clients for all their trademark and patent work in whole of the South Asian regions apart from India on most responsive and cost-effective basis. Brief details and filing requirements are provided herein below:

NEPAL:
It is to be noted that a Notarized/certified copy of the home/foreign registration certificate is necessary to get the registration in Nepal. If the said is not available at the time of application it can be filed on later.

Filing requirements:

A power of attorney signed by the applicant sealed and attested by two witnesses.
An application form signed by the applicant sealed and attested by two witnesses for each trademark per class.
A certified copy of the home or foreign registration certificate along with its authenticated translation in English by a Notary Public.
If there is any character of local languages (like Japanese, Chinese etc.), we require a meaning of that character in English that is must be certified by Notary Public and other legal authorized institutions.
If mark is a device / colour mark, minimum 10 prints of the mark.
The list of goods / services and the related class. (Goods/services must be same as same as mentioned in home/foreign registration certificate/application).
In the case Priority claim, certified copy of priority details with certified English Translation.

BHUTAN:

Filing requirements:

The Trademark. In case of a device mark, please provide mark in .jpg or .gif format. If colour is to be claimed, preferably please also provide 15 prints in exact colour.
Full name, Address, nationality and nature of the entity (e.g. individual, company or partnership firm) of the applicant.
Description of Goods or Services with appropriate class as per NICE Classification.
Date of commercial use of the mark in Bhutan, if any, or proposed to be used.
A simply signed Power of Attorney.
If priority is to be claimed, please provide Date of first application, country and the application number.

NONE OF THE DOCUMENT IS REQUIRED TO BE NOTARIZED OR LEGALIZED.

MALDIVES:

In Maldives there is no specific Trademark law prevailing so the prevailing practice is to publish a Cautionary Notice in a local news paper either in English or Heevaru. We can assist you for publishing a Cautionary notice. Printing charges will depend upon the length of matter and logo/device. We can provide you estimate of cost for each matter before publishing.

SRI LANKA:

Filing requirements:

The Trademark. In case of a device mark, please provide mark in .jpg or .gif format. If colour is to be claimed, preferably please also provide 15 prints in exact colour.
Full name, Address, nationality and nature of the entity (e.g. individual, company or partnership firm) of the applicant.
Description of Goods or Services with appropriate class as per NICE Classification (IX Edition).
Date of commercial use of the mark, if any, or Intent to Use.
A simply signed Power of Attorney.
If priority is to be claimed, please provide Date of first application, country and the application number.
If priority claimed, a Certified copy of the Application filed in any Convention Country within 60 days from the date of filing of application in Sri Lanka.

NONE OF THE DOCUMENT IS REQUIRED TO BE NOTARIZED OR LEGALIZED.

PAKISTAN:

Filing requirements:

The Trademark. In case of a device mark, please provide mark in .jpg or .gif format. If colour is to be claimed, preferably please also provide 10 prints in exact colour.
Full name, Address, nationality and nature of the entity (e.g. individual, company or partnership firm) of the applicant.
Description of Goods or Services with appropriate class as per NICE Classification
Date of commercial use of the mark, if any, or Intent to Use.
A simply signed Power of Attorney.
If priority is to be claimed, please provide Date of first application, country and the application number.
If priority claimed, a Certified copy of the Application filed in any Convention Country within 60 days from the date of filing of application in Pakistan.

Latest News

India MIP handbook

Trademark as a Business Tool

Progression in design

ALWAYS choose a Trademark which is appealing to eye and ear, short, easy to pronounce and remember as well as easy to spell and write

NEVER choose a Trademark which is descriptive or having direct reference to the quality or characteristics of the Product but suggestive Trademarks are considered be a good Trademarks

ALWAYS choose a Trademark which satisfy the requirements of registration and does not belong to a class of mark prohibited for registration

NEVER use plural words in a Trademark e.g TIC TAC for Candies and not TIC TACS.

ALWAYS conduct a complete availability search for a Trademark. This search should include search at the Trademarks office in India, search in all the available database such as industry magazines /periodicals, Yellow Pages, market resources etc. Legal clearance is always necessary to be obtained to avoid any future disputes.

NEVER modify a Trademark from its possessive form (i.e. with apostrophe 'S) e.g McDONALD’S, DOMINO’S PIZZA, LEVI’S JEANS, and KELLOGG’S for Cereals.

ALWAYS distinguish Trademark from other words in printed matters. In any printed materials like Agreements, Invoice copies, Instruction materials etc., the Trademark should be written either in block letters or within quotation marks or always use appropriate symbols like ® or TM (e.g. in Agreements like Software license, words (marks) like MICROSOFT, INTEL, IBM or LOTUS are always written with appropriate symbols).

NEVER adopt any generic word as a Trademark e.g ASPIRIN

ALWAYS use a Trademark properly with correct style, spelling and in its exact format. It is improper to modify a Trademark (e.g. DOLBY STEREO, MONTBLANC and not MONT BLANC, NESCAFE and not NES CAFE)

NEVER use a Trademark as a noun but use an adjective modifying a noun.

ALWAYS advertise Trademarks rather than Products or Services. This creates a brand loyalty among the consumers. (e.g. COKE for COCA COLA, BAND – AID for first aid dressing from Johnson & Johnson)

NEVER use a Trademark as a verb. Trademarks are for Products or Services and never actions. E.g. it is not XEROXING but Photocopying.

ALWAYS register and maintain registration of the Trademark. It grants many advantages like protection against infringement of trademark, exclusive use of the mark and prevent others from using, applying the said Trademark without proper authority. It is quite necessary to monitor the activities of competitors, their adoption and use of the Trademark.

ALWAYS consider registering a Trademark in all the countries of potential interest.

ALWAYS keep a watch on unauthorized use of identical and/or similar Trademarks and take appropriate action (passing off or infringement as the case may be) at the earliest to prevent such use. Collect as many evidence of unauthorized use as possible.

ALWAYS acknowledge with a footnote, if you are using a Trademark of another party.

ALWAYS make and create awareness among the internal staff about the proper selection and use of a Trademark. Circulation of a note on “do’s” and “don’ts” of Trademark selection and use will be quite useful. Such explanatory and inexpensive brochure can be very effective in creating awareness.

ALWAYS appoint a responsible person within an organization to supervise and co-ordinate the adoption and use of the Trademark. He should be responsible to review advertising, packaging and other documentation for compliance with the basic rules of a Trademark. He may conduct a periodical audit to monitor compliance on all the printed matters including packaging of the Products.

ALWAYS use symbol ® on the shoulder of a mark in case of Registered Trademark (e.g. MICROSOFT® with a phrase “Registered Trademark of Microsoft Corporation”) and TM in case of unregistered Trademarks (e.g.- BAZOOKA™ with a phrase “Trademark of Matshushita Corporation”). Such symbols indicate Trademark rights of an owner in respect of the goods for which it is applied.

It is a criminal offence to indicate an unregistered Trademark as registered Trademark or use of a symbol ®.

contact us

405 & 306, Kapadia Chamber,
599, J.S.S. Road, Marine Lines,
Mumbai(Bombay) - 400 002. INDIA
Phone: +91 22 2201 3959
           +91 22 2201 3962
Fax:     +91 22 2201 8194
           +91 22 2806 1923
Email:
info@adityaandassociates.com

Pune :: Chennai :: Indore

All Enquiries at H.Q. at Mumbai