Worldwide IP monitoring
Indian residents, regardless of their nationality, cannot file a patent abroad without having first file it in India, unless they obtain permission from the Indian Patent Office.
The Office was totally closed since August 28, officially due to technical difficulties. The activity resumed on October 1st. No formality could therefore be carried out in this country during this period, any deadline expiring in this period of time (priority, renewal…) having been postponed until the reopening of the Office.
The period of obligation of use in South Africa is 5 years from the date where the protection was granted. Be careful, this date is different from the filing and registration one.
Following the amendment of the trademark legislation in this country, and after the introduction of amendments on oppositions matters, it is worth noting the following development to come:
- adoption of the multi-class system (a single trademark filing can thus cover several classes),
- obligation to file a Sworn Statement of use between the 5th and the 6th year following the registration of the trademark,
- it will be the Trademark Office, and no longer the Courts, which will rule in cases of application for revocation of a trademark for non-use.
The new Trademark Law, and the adherence to the Madrid Protocol, should be scheduled for the first quarter of 2019.
From this moment, Canada will apply fees for deposits and renewals based on the number of classes claimed, which may increase fees. In an economical worry, it is advised to anticipate as much as possible the filling and renewal formalities in this country.