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Registration Of Trademarks In Foreign Languages: Indian Perspective
October 2017
|LawZ Magazine
In India, a trademark can be registered in any regional or foreign language.
The representation of a mark that includes words in a language, other than Hindi or English and characters others than Roman or Devanagari are registrable under Indian law by virtue of Rule 28 of Trademark Rules 2017. Rule 28 states as follows,
“Transliteration and translation – where a trademark contains one or more words or numbers in scripts other than Hindi or English, the applicant shall provide in the application, a precise transliteration and translation of each such word and number in English or in Hindi and state the language to which the word(s) or number(s) belong.”
As per the Rules, where a trademark contains words in a language other than Hindi or English, an adequate transliteration into roman script and translation of each of such word in English shall be mentioned in the trademark application and the applicant is also required to mention the foreign language in which the word is represented. In the event that such transliteration or translation is not submitted, even after being requested by the Registrar in the examination report, the application shall be deemed to have been abandoned. This is considered as a mandatory rule and must be followed in order to proceed with the registration of a trademark.
هذه القصة من طبعة October 2017 من LawZ Magazine.
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