We can handle filing for the following countries:
AFGHANISTAN Trademarks Filing Requirements
To enable us to file an application we require to know the following information and/or documents:
1. Name, address, nationality (state or country of incorporation) of Applicant
2. List of goods
3. Mark or 20 labels if device mark, 30 labels if colour mark
4. Business of Applicant
5. Power of Authority - to be filed along with the application
Except for the Power, no other form needs to be signed. Power should be notarised
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BANGLADESH Patents Filing Requirements
In Bangladesh, translation of documents is not required if they are in English.
Bangladesh is a member of the Paris Convention and priority can be claimed within one year from first of the applications filed in any member country.
Priority cannot be claimed from PCT application even if it designates one of these countries.
A Patents is normally granted two years after acceptance if there is no opposition.
Life of Patents in Bangladesh is 16 years from the date of filing or from the convention date subject to payment of renewal fees annually after the fourth year.
In Bangladesh, novelty requirement is relative. Prior public use or prior public knowledge in Bangladesh is a bar. A prior publication to which the public in Bangladesh has an access is also a bar.
Under the existing Patents Law, "invention" means any manner of new manufacture and includes an improvement on/of an alleged invention.
To file a Patents application in Bangladesh, we require the following information and/or documents:
1. Name, address and nationality of the applicant(s) and the inventor(s).
2. 4 copies of specification in English with abstract and drawings. We can also prepare necessary copies if you send only one copy.
3. Formal drawings on tracing cloth or paper can be filed any time before acceptance or we can prepare them for you at a cost of US$ 20.00 per sheet.
4. Power of Authority - can be filed subsequently.
5. Assignment - can be filed within three months or later with an application seeking extension of time.
6. Priority document has to be filed along with the application or within three months of filing the application. A verified/notarised English translation of the priority document is also required, if the document is in any language other than English.
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BANGLADESH
Trademarks Filing Requirements
In Bangladesh separate applications have to be filed in each class. One Power of Authority is sufficient for all the applications.
Translation is not required if the documents are in English.
Though Bangladesh follows the International classification, Service Mark registrations are still not available.
Presently Service Marks are normally filed in class 16 in respect of printed matter including brochures, pamphlets, manuals, operating instructions, stationery, catalogues, newsletters, user guide, instructional and teaching materials.
A Trade Mark Application is normally examined after 3 years of its filing. It takes at least two and a half years after the First Official Action is issued for the mark to be registered, that is a total of at least 6 years. A mark once registered is valid for seven years from the date of application.
To enable us to file an application we require the following information and/or documents:
1. Name, address, nationality (state or country of incorporation) of Applicant.
2. List of goods
3. Mark or 5 labels if device mark, 30 labels if color mark.
4. Business of Applicant.
5. Date of first use in Bangladesh or whether mark is 'proposed to be used'.
6. Power of Authority. (This can be filed at a later date.)
Except for the Power, no other form needs to be signed.
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BHUTAN Trademarks Filing Requirements
A new Trademarks Law was enacted in the Kingdom of Bhutan on April 4, 1997.
Bhutan is a small country, located 400 miles from the city of Calcutta in India, with a total population of 700,000. It is a landlocked country, surrounded on the East, West and South by India and in the North by Tibet. Thimpu is the capital of Bhutan. Buddhists constitute 75 per cent and Hindus constitute 25 per cent of the population.
Bhutan is a monarchy, having a special treaty with India. It is ruled by King Jigme Singye Wangchuk who is assisted by a Council of Ministers. The country has no written constitution. The legal system is based on Indian law. Till recently, it did not even have courts for redressal of commercial disputes. Bhutan has not accepted compulsory ICJ jurisdiction. There are no political parties in Bhutan.
Bhutan has no formal diplomatic relations with the US. It maintains informal contact with the US Embassy in India. Its economy, one of the least developed, is based on agriculture and forestry, which provide the main livelihood for 90 per cent of the population. The economy is closely aligned with that of India through strong trade and monetary links. Most development projects, such as road construction, rely on Indian migrant labour. As you may be aware, Bhutan ranks 3rd or 4th amongst the poorest countries in the world in all respects.
Bhutan exports commodities like cardamom, gypsum, timber, handicrafts, cement, fruit and electricity, 90 per cent of which are to India, amounting to US$80 million. Imports of fuel and lubricants, grain, machinery and parts, vehicles and fabrics amounts to US$106.4 million of which 83 per cent are from India. 90 per cent of the large businesses are controlled by Government agencies. Nearly the entire amount of import are through the State Trading Corporation which has the largest office outside Bhutan in Calcutta. As you may also be aware, Bhutan does not allow easy entry to foreign tourists.
Indian currency is legal tender and freely used in Bhutan. The Bhutanese currency, Ngultrum is at par with the Indian rupee. The largest Bank in Bhutan is the State Bank of India.
Telecommunications is in a very poor state in Bhutan, with very few telephones in use. International post, telephone and telegraph service is through India. All trade with Bhutan has to be routed through Indian ports and roads. 90 per cent of all imports into Bhutan are from and through India. Calcutta is the only city in India having an airlink with Bhutan. T.V. was banned and has been recently allowed to be viewed. Cable T.V. is still not permitted.
The new Trademarks Law which has been enacted in the Kingdom of Bhutan w.e.f. 4th April 1997, covers Trademarks, service marks and trade names. Bhutan follows the International (NICE) classification and it is possible to file multi class applications.
The current cost of filing a Trademarks application till registration in Bhutan is approximately US$ 490 per application. Each additional application filed simultaneously for the same Applicant would cost US$100.
The following forms and information are required for filing a Trademarks application in Bhutan:
- Name, address, nationality (state or country of incorporation) of Applicant.
- List of goods.
- Mark or 5 labels if device mark, 30 labels if colour mark.
- Business of Applicant.
- Date of first use in Bhutan or whether mark is 'proposed to be used'.
- Power of Authority (This can be filed at a later date).
- Except for the Power no other form needs to be signed.
Kindly note that according to the Indian Supreme Court decision of February 21, 1984 in the Gramophone Co. of India v Birendra Bahadur Pandey & Ors. case, any infringing goods passing through India even though meant for third countries (for e.g.. Nepal, Bhutan, Bangladesh, Burma or Afghanistan) would be subject to Indian Laws, including Trademarks, Civil and Criminal Law. An infringing product being sent to an importer in Bhutan and meant for sale in Bhutan but if routed through Indian territory, would be subject to an infringement litigation in India and Indian courts would have jurisdiction to pass injunctions, seizures as well as other restraining orders.
It is therefore also important to have an Indian application/registration.
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INDONESIA Trademarks/ServiceMark Applications Filing Requirements
1. A simple signed power of attorney
2. Thirty prints of the Trademarks, if in color print, if black & white
3. A simply signed statement of ownership
4. A certified copy of the home application, if priority is claimed.
5. The list of the goods/services and the cases pertaining thereto.
6. The meaning and the transaction of the mark
Patents Applications
1. A simply signed power of attorney
2. Three copies of the specification, claims, and an abstract which consist of no more than 200 words;the Indonesian transaction is to be submitted at the time of filing.
3. Three sets of the formal drawings, if any.
4. A statement as tp Patents already applied for or granted in other countries for the same invention, together with the dates and numbers of the applications filed or Patents granted, to be filed at the time of the filing of the request for examination.
5. A certified of the basic applications together with its English translation for claiming convention priority.
6. A notarized deed of assignment from the inventor to the applicant or an evidence that inventor(s) is/are member/employment of the applicant, in English or with English translation.
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HONG KONG Patents Filing Requirements
A Standard Patents is granted in Hong Kong based on a Patents granted by a designated Patents Office, which are the U.K. (for National, European Patents or PCT derived Patents) and the PRC (for National or PCT derived Patents).
Requirements for Filing a Standard Patents Application in Hong Kong
In the 1st Stage, the request to record the base Patents must be made within 6 months following publication by the designated Patents Office and must be accompanied by the following:
1. Full name and address of the applicant and the inventor(s);
2. Application number, publication number and filing date of the base Patents application;
3. Title and abstract of the base Patents in both English and Chinese;
4. Copy of the base Patents as published in English/Chinese, or for a PCT application, a copy of the WIPO publication in English/Chinese and a copy of the national Patents office publication on entry into national phase; and
5. Statement as to rights to the invention, if applicant is not the applicant of base Patents.
(A filing date can be obtained with just the Applicant’s details and 2 above; all other documents can be filed later)
Formality examination is followed by publication of the 1st Stage.
In the 2nd Stage, a request for grant of registration must be filed within 6 months following publication of the 1st stage or grant of the base Patents, whichever is the later, accompanied by the following:
1. Certified copy of the base Patents as granted issued by the designated Patents Office; and
2. Details of the request made under the 1st stage.
Formality examination if followed by publication of 2nd stage, and the Patents (independent of base Patents) is granted and the Certificate issues.
Term of Standard Patents in Hong Kong is 20 years subject to payment of an annuity.
A Maintenance Fee is required only for applications not yet granted 5 years after publication of the 1st stage; payable each year thereafter till filing of 2nd stage.
Short Term Patents (Utility Models) are also available in Hong Kong for a term of 8 years.
HONG KONG
Trademarks Filing Requirements
In Hong Kong, it is possible to register as a Trademarks any sign that is visually perceptible and capable of being represented graphically; includes words, personal names, logos, devices, symbols, letters, numerals, figurative elements or combinations of colours and any combination of the aforesaid. It is also possible to register series marks in Hong Kong.
Documents Required for Filing a Trademarks Application in Hong Kong
1. Full name and address of applicant;
2. Description of applicant i.e. individual, company, partnership, charitable organization etc;
3. Nationality/Country of Incorporation/Formation of applicant;
4. Specimen of the mark (if the mark is a colour mark, 20 specimens per application);
5. Specification of goods or services and International class(es), if known; (multi-class applications are not allowed);
6. Certified copy of Convention Priority documents, if any.
Procedure
1. Filing the application and issuance of filing particulars by the Trade Marks Registry.
2. Substantive examination of application by Trade Marks Registry and official actions/objections issued (if any).
3. Upon acceptance, advertisement of the mark in the Government Gazette for 2 months for opposition purposes; and
4. If there is no opposition filed, payment of registration fees for the issuance of the Certificate of Registration.
Term : Initial term of 7 years renewable by subsequent terms of 14 years
Use: A Registered Trademarks may be cancelled due to non-use for a continuous period of 5 years.
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NEPAL Patents Filing Requirements
In Nepal, translation of documents is not required if they are in English.
Nepal is not a member of the Paris Convention.
Life of Patents in Nepal is seven years from the date of grant. Duration of Patents may be extended twice for seven years at a time.
In Nepal, novelty requirement is relative. Prior public use or prior public knowledge in Nepal is a bar. A prior publication to which the public in Nepal has an access is also a bar.
To file a Patents application in Nepal, we require the following information and/or documents:
1. Name, address and nationality of the applicant(s) and the inventor(s).
2. 4 copies of specification in English with abstract and drawings. We can also prepare necessary copies if you send only one copy.
3. Formal drawings on thick and durable paper can be filed any time before acceptance or we can prepare them for you at a cost of US$ 10.00 per sheet.
4. Power of Authority - can be filed subsequently.
5. Assignment - can be filed subsequently.
6. Priority document - can be filed subsequently.
7. Copy of the home registration certificate.
NEPAL
Trademarks Filing Requirements
In Nepal separate applications have to be filed in each class. One Power of Authority is sufficient for all the applications.
Service Mark registrations are available in Nepal.
To enable us to file an application we require to know the following information and/or documents:
1. Notarised copy of Home Registration Certificate together with certified English translation.
2. Power of Authority signed and witnessed by two persons.
3. Application signed and witnessed by two persons.
4. Business of Applicant.
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PAKISTAN
Patent Filing Requirements
Kindly note that Pakistan is not a member of PCT. So, National Phase of a PCT application can not be filed in Pakistan. Similarly, priority can not be claimed in Pakistan from a PCT application.
Further, though Pakistan is still not a member of Paris Convention, priorities (including multiple priorities) can now be claimed in Pakistan from all WTO countries, with the promulgation of the Patents Ordinance, 2000.
In Pakistan, translation of documents is not required if such documents are in English. To file a patent application in Pakistan, we require the following information and documents:
1. Name, address and nationality of the applicant(s) and the inventor(s).
2. Particulars of the priority application, i.e. country, application number, filing date and also name of the applicant, if different.
3. 4 copies of specification in English with abstract and drawings. We can also prepare necessary copies if you send only one copy.
4. Formal drawings on tracing cloth or translucent polyester sheet can be filed any time before acceptance or we can prepare them for you at a cost of US$ 20.00 per sheet.
5. Application form signed by the applicant. (can be filed subsequently)
6. Power of Authority - can be filed subsequently. (Form enclosed)
7. Assignment - can be filed within three months or later with an application seeking extension of time. (Form enclosed)
8. Priority document has to be filed within three months or later with an application or within three months of filing the application with a formal request and fees for seeking extension.
To get a filing date we need only 1&2 and one copy of the specification with abstract (in English) and drawings, if any.
The Patent law in Pakistan has been amended to bring it in line with the TRIPs agreement.
Novelty requirement is now absolute in Pakistan. Any prior publication and/or prior public knowledge or public use anywhere in the world is a bar to patentability.
The "invention" has been defined to include any new and useful product including chemical products, art, process, method or manner of manufacture, machine apparatus or other article, substance or article produced by manufacture and includes any new and useful improvement in any of them.
"Process" in the above definition means any art, process or method or manner of new manufacture of a product and includes a new use of a known process or a product.
"Product" includes any substance, article, apparatus, machine or a chemical product.
Apart form Novelty, the invention must have inventive step and industrial applicability.
Though animal, plants and essentially biological process for their production are not patentable, micro-organisms and micro-biological processes or products of such processes are patentable. The method of doing a business and method of treatment of human body or animal body by surgery or therapy or of diagnosis practiced on the human or animal body are also not patentable.
The patent application for chemical products having use in agriculture or medicine can only be filed as a "Black Box" application to be examined after 31 st December 2004. The Ordinance also provides for Exclusive Marketing Rights (EMR) for 5 years for such products claimed in a "Black Box" application with Article 70.9 of the TRIPs agreement.
EMR will be granted on fulfillment of the following conditions:
1. Filing of a "Black Box" application in Pakistan.
2. Existence of a granted patent in another WTO member country.
3. Existence of marketing approval of said product in that WTO member country.
4. Obtaining the marketing approval for the product in Pakistan.
The term of patent is now 20 years from the filing date. It takes about 12-15 months to get the first examination report in Pakistan and about 2 to 2 ½ years for grant of a Patent.
PAKISTAN
Trademarks Filing Requirements
In Pakistan separate applications have to be filed in each class. One Power of Authority is sufficient for all the applications.
Translation is not required if the documents are in English.
Pakistan follows the International classification(classes 1-42) and Service Mark registrations are now available .
A Trade Mark Application is normally examined after 3 years of its filing. It takes at least two and a half years after the First Official Action is issued for the mark to be registered, that is a total of at least 6 years. A mark once registered is valid for seven years from the date of application.
To enable us to file an application we require the following information and/or documents:
1. Name, address, nationality (state or country of incorporation) of Applicant.
2. List of goods and services
3. Mark or 15 labels if device mar or color mark.
4. Business of Applicant.
5. Date of first use in Pakistan or whether mark is 'proposed to be used'.
6. Power of Authority to be duly signed by the Applicant and NOTARIZED. (This can be filed at a later date.)
Except for the Power, no other form needs to be signed.
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SRI LANKA Patents Filing Requirements
In Sri Lanka, translation of documents is not required if they are in English.
Sri Lanka is a member of the Paris Convention and priority can be claimed within one year from first of the applications filed in any member country.
A Patents is normally granted within two years after filing of application if there is no opposition.
Life of Patents in Sri Lanka is 15 years from the date of grant subject to payment of renewal fees annually after the second year.
In Sri Lanka, novelty requirement is absolute. Prior publication anywhere in the world is a bar though prior use of the article in Sri Lanka is not a bar.
Under the existing Patents Law "invention" means any manner of new manufacture and includes an improvement of/on an alleged invention.
To file a Patents application in Sri Lanka, we require the following information and/or documents:
1. Name, address and nationality of the applicant(s) and the inventor(s).
2. 4 copies of specification in English with abstract and drawings. We can also prepare necessary
copies if you send only one copy.
3. Formal drawings on thick and durable paper can be filed any time before acceptance or we can prepare them for you at a cost of US$ 10.00 per sheet.
4. Power of Authority - can be filed subsequently.
5. Statement - justifying the applicant's right to apply for Patents where the inventor is not the applicant.
6. Priority document can be filed within 3 months.
Sri Lanka is a member of the Patents Co-operation Treaty (PCT) and to enter National Phase of a PCT
Application we require only the following documents:
a) Front page of the published PCT Application bearing details of the applicant, inventor, title, abstract of the invention and names of the designated countries including Sri Lanka.
b) A copy of the PCT specification with abstract and drawings (if any) with copy of the request form filed for PCT Application in case it is not published.
c) Power of Authority.
d) Statement (where inventor is not the applicant.)
SRI LANKA
Trademarks Filing Requirements
Please note that in Sri Lanka separate applications have to be filed in each class. One Power of Authority is sufficient for all the applications.
There is no translation required as all documents are in English.
Service Mark registrations are available in Sri Lanka.
A Trade Mark Application is normally examined after 3 years of its filing. It takes at least two and a half years after the First Official Action is issued for the mark to be registered. That is a total of at least 6 years. A mark once registered is valid for seven years from the date of application.
To enable us to file an application we require to know the following:
1. Name, address, nationality (state or country of incorporation) of Applicant.
2. List of goods
3. Mark or 5 labels if device mark, 30 labels if colour mark.
4. Business of Applicant.
5. Power of Authority - to be filed along with the application.
Except for the Power, no other form needs to be signed.
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