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Salient features

1. Multi class applications are allowed in India. However, statutory filing fees will be applicable for each class.

2. Classification of goods and services is according to NICE classification (45 classes). 

3. Prior use of the trademark is not mandatory for filing. Therefore, applications can be filed on a 'proposed to be used' basis.

4. Power of attorney is required (if filed through an agent/attorney)

5. Applications are examined as to registrability and availability based on existence of prior filed applications. Once accepted, it is published in the Trademarks Journal and an opposition may be filed by a third party within 3 months (extendable by one month). If no opposition is filed, the registration certificate is issued thereafter.

6. A trademark may be subject to removal on the grounds of non-use, if it is not used for a continuous period of 5 years.

7. The registration is valid for 10 years from the date of application and can be subsequently renewed every 10 years by payment of renewal fees.

8. Priority can be claimed provided the application is filed within 6 months from the date of the filing in the convention country.

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