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Legal Requirements

There are three basic requirements for filing a trademark (or service mark) with the Indian Trademark Registry.

1. The mark must be filed under the name of the actual owner of the mark. The owner of the mark is the person who controls the nature and the quality of the goods sold or the services rendered under the mark.

The owner does not have to be an individual; the owner can be a partnership, a company, or an association. If the owner is a company, then the applicant's name is the name of the company.

2. The applicant specify what type of entity it is (individual, company, etc.) and the it national citizenship. It is not required that the applicant has Indian citizenship.

3. The application must be based on an actual use or on a real intention to use the mark in business. For the application to be based actual use, the applicant should indicate what products he or she has actually placed the mark on and sold for business. A mark for services will be considered actual use when it is used or displayed in the sale or advertising of services and the services are actually rendered.

When you are filing an intent-to-use application, it is sufficient that you state that you plan to use the mark in commerce. However, you will have to actually use the mark before it can actually be registered.

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