Does the trademark have to be in use?
 


Are you using your Trademark in commerce in India?

Please note that there are two application types for trademark registration in India: “Actual Use” and “Intent to Use”.

Yes:

If you are using your trademark in India, you can request the trademark based on “Actual Use”.

In this case we will need to know the date that you began using your mark in this country.

Please note that if the Trademark Office requests more information, you will be required to send proof of use.

Acceptable proofs of use could include: a page from a web site, an advertisement, a brochure or a pamphlet which describes the product/service and shows the trademark. Labels, tags, or packaging are also considered acceptable proof of use for a trademark.

The advantage of filing the application as “Actual Use” is that the rights on the trademark begin from the date specified in the application.

NO:

If you are not using your trademark in India, you can still register your mark based on “Intent to Use”.

In this case we will file your application without a date of use and the rights on the trademark will begin from the date the application is filed.