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Trade Mark Filing Procedure in India

August 25, 2012

Trade Mark Registries:

In India the Trade Mark Filing is done under the provisions of Trade Marks Act 1999. The Administration of the Trade Marks in India is the duty of the Registry established under the Act. Presently there are 5 Offices of Trade Mark Registry in India for different jurisdiction. The Details are given at the end of the Article.

Procedure for Application:

The person claiming to be the proprietor of the Trademark may file an application requesting the registration of the mark for goods or services before the Trade Mark Registry of the jurisdiction. In India the Forms are prescribed under the Trade Mark Rules 2002 for the purpose of the format for the Application. A person may apply for registration of a trade mark to the Trademark office under whose jurisdiction the principal place of the business of the applicant in India falls. In case, the principal place of business is outside India, then the application can be filed in the Trademark office under whose jurisdiction the office of the Attorney is located.

The Applicant in the application has to state the following details:

  1. The Trade Mark to be Registered (Along with Class)
  2. Type of Mark (Word, Logo, name, Symbol, Design or any combination thereof)
  3. Details of Proprietor (Name Address Etc..)
  4. User Details (As to the Date of the Usage of the Mark)
  5. Description of Goods and Services.
  6. Any Special Color Scheme
  7. Any Associated Mark
  8. Details with regard to Convention Marks

 

The Applicant can file the mark as a proprietor or through an attorney. The Applicant has to file the Form along with Additional Representation Sheets and Prescribed Fees before the Trade Mark Registry under whose Jurisdiction the principal place of Business of the Applicant is located. The Electronic Filing Facility is also available for the purpose of making applications.

What after Filing application?

After filing the application your claim on the usage of the mark starts and you are protected from any infringement from any other applicants who may apply at a later dates (Unless they prove prior and bonafide usage). The Examiners in the Registry will examine your Trade Mark for the distinctiveness and other aspects. The Registry may refuse the registration on Absolute Grounds as stated in Section 9 of the Act or on the Relative Grounds as stated in Section 11 of the Act. In such cases Examination Report raising objections on the grounds mentioned are issued to the proprietor/attorney and the same are required to be Answered within period of one month.

The proprietor or the Attorney may apply for hearing in the interest of natural justice before any order for refusing or accepting the application is passed. The registry after going through the evidence may Accept or Refuse the Registration Finally.

The Acceptance can be Conditional or Unconditional or there could be an order of Advertise Before Acceptance(ABA). In case of Acceptance the mark is prima-facie accepted by the registry and is published in Journal. In case of ABA the publication is for inviting the objections and in case there are no objections received then the mark is said to be accepted.

In case of the objections the proprietor /applicant may file the reply to the objections received within 2 months of the receipt of the same. In case the proprietor files the response to the objections and evidence in support, the registry after hearing the objector and applicant may decide to allow the registration or to refuse it.

The orders of the registry for refusing the registration are challengeable before IPAB.

USE OF SYMBOL ® AND 

The symbol ® cannot be used in India unless the mark is registered with the Indian Trade Mark Registry. Though the symbol ™ can be freely used in cases of non-registered marks.

 

Benefits of Registration of Trademark:

The Registered Proprietor of a trade mark is benefited by the registration of the Trade Mark as he can stop other traders from unlawfully using his trade mark, He can sue for damages and secure destruction of infringing goods and or labels. The Consumers of the goods of registered trademarks are assured of the quality and standard of the goods which gain goodwill with the passage of time. It is an intellectual property which can be assigned and transferred along with its goodwill that it earns over time.

 

This Article will give you a primary understanding with respect to the filing of the Trademark Applications in India.

 

Punit Juneja

Juneja Legal (The Law Firm) 

ADDRESSES OF TRADE MARK REGISTRY:

Trade Marks Registry, Mumbai (Head Office)
 
Intellectual Property Bhavan, Near Antop Hill Head Post Office,
S.M. Road , Antop Hill, Mumbai 400037 
Tel: 022-2410 1144, 24101177, 24148251, 24112211 
Fax: 24120808, 24132295
Jurisdiction:  State of Maharashtra, Madhya Pradesh and Goa


Trade Marks Registry, Delhi
Intellectual Property Bhavan, Plot NO.32, Section 14, Dwarka, Delhi
Tel. 011-28082915/ 16/17 Fax:
Jurisdiction:  State of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Union Territory of Delhi and  Chandigarh

Trade Marks Registry, Kolkata,
CP-2, Sector V, 5th floor, I.P.Bhavan, Salt Lake,
Kolkata-700091
(Telfax. 033-23677311)
Jurisdiction: State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim , Tripura and Union Territory of Nagaland, Andamar  & Nicobar Island.

Trade Marks Registry, Ahmedabad,
15/27 National Chambers, 1st floor,
Ashram road,
Ahmedabad-380 009.
Tel: 079-26580567
Jurisdiction: The state of Gujarat and Rajasthan and Union Territory of Damman, Diu, Dadra and Nagar Haveli


Trade Marks Registry, Chennai
IP building, GST Road, Guindy
Chennai-600032
Tele: 044-22502041,  Fax : 044-22502042
Jurisdiction: The state of Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and UnionTerritory of Pondicherry and Lakshadweep Island.

 

 

 

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