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Convention Application and International Treaties

India has confirmed certain countries as convention countries, which afford to citizens of India similar constitutional rights as settled to its own citizens. A person or company from a conference country, may within six months of making an application in the home country, apply for registration of the trademark in India. If such a trademark is accepted for registration, such overseas national will be deemed to have registered his or her trademark in India, from the same date on which he or she made application in the home country.

Where the applications have been completed for the registration of trademark in two or more convention countries, the period of six months would be reckoned from the date on which the former or earliest of those applications was made. Although the recovery of damages for infringement of a trademark is possible only if the infringement takes consign after the date of filing application for registration with the alarmed trademark office in India, yet the deemed seniority in making application in home country may enable the applicant to initiate an action in India for injunction, delivery of impugned labels and so on.