procedure for trademark registration

8/14/2019 Procedure for Trademark Registration

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IPR Study Material: NIFT/Gandhinagar

Procedure for Trademark Registration

A trade mark is a mean of identification of your goods. It is a symbol which a personwises in the course of trade, in order to that his goods may be distinguished by thepurchasing public from similar goods of other traders. Registration of a trade mark,under the trade and merchandise marks act, 1958, confers a statutory monopoly in the

use of that trade mark in relation to the goods for which it is registered and the ownerhas the right to sue in the courts of law for infringement of the trade mark.

SELECTION OF A TRADE MARK

Proper selection of the trade mark is necessary from business as well as legal point ofview. From the general business point of view the trade mark shall be easy topronounce, remember, attractive and as far as possible short. From the legal point ofview, the trade mark must fulfill all the requirements of the section 9, of the trade andmerchandise marks act, 1958, i.e. It should not be a personal name, surname,geographical name, name of a tribe /caste or refer to the character or quality of thegoods. It should also not be laudatory. A good trade mark should be an inherently

distinctive trade mark, preferably be an invented or coined word. Nevertheless, theabove said trade mark may be registered if the same has been used for a continuousperiod of at lease 3 to 4 years. However, geographical names, loudatory words referringto the character and quality of the goods etc. Can never be registered.

HONEST CONCURRENT USER

If it is found that there is a resembling mark on the register (or any other previousapplication is pending w.r.t. Any similar mark, the trade mark may still be registered onproof of the honest and bonafide adoption of the trade mark, and sufficiently long andcontinuous user of your trade mark and the same shall be subject to the satisfaction ofthe registrar of trade marks. The period of honest and concurrent user is not defined in

the act, but to give you an idea and advise you, it is suggested that the trade mark musthave been used at least for a period of 5 to 6 years for qualifying for the registration onthe basis of the honest and current uses.

SEARCH OF TRADE MARK

If you are planning to start a new trade or industry, and want to get a trade markadopted and registered, unless you are quite sure that there is no identical mark on theregister, you are advised to go for official search of your trade mark from the office of theregistrar of trade marks, before filing of the application.

TRADE MARK

APPLICATION FILING REQUIREMENTS

1. NAME OF THE APPLICANT :

CO.

2. ADDRESS :

REGISTERED OFFICE

3. NAME OF THE PROPRIETOR :

PARTNERS/ONE OF THE

Dr. Binaya Bhusan jena


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DIRECTORS OF THE APPLICANT

COMPANY, WITH FATHERS

NAME

4. COUNTRY/NATIONALITY :

OF THE APPLICANT

5. SINCE WHEN THE TRADE :

MARK HAS BEEN FIRST USED

6. NATURE OF GOODS :

MANUFACTURED & MARKETED

7. In case trade mark is depicted in stylished /logo /artistic manner copies/bromides of the trade mark , are to be pasted on the application.

8. Power of attorney (tm-48/general power of attorney), duly signed by theapplicant or authorized representative / principal officer of the applicant. Where arepresentative signs the capacity of such representative shall be indicated. powerof attorney can be filed subsequently also.

PRIOR USE

It is not necessary to use a trade mark in india for filing an application for obtainingregistration .the application can be filed for a proposed trade mark, which the applicantintends to use in future.

CLASSIFICATION

The trade mark applications are filed as per the international classification of 34 classesof goods & services. Separate applications must be filed for different classes of goods,and /or different trade marks.

TRADE MARK APPLICATION NO.

After filing of the trade mark application, an application number is granted to theapplication, after about a period of two months, normally. This application no. Is of sixdigits .on the completion of the registration process this application no., becomes theregistration no. Of your trademark.

ISSUE OF EXAMINATION REPORT

After filing of the applicatin, and allotment of the application no., an examination reportof your trade mark application is issued by the office of the registrar of trade marks,bombay.the trade mark application is thoroughly examined by the registrar of trade

marks. This examination does not only involve prior registered marks or pendingapplications, but the registrar also considers the registrability of the trade mark as such,taking in to consideration conditions laid down in the sec.9 and other provisions of thetrade and merchandise marks act, 1958,possible public confusion, reference to thecharacter and quality of the goods and public policy etc.

REMOVAL OF OBJECTIONS

After the issue of the examination report, the objections, if any, are removed by takinglegal grounds, tendering evidence (if available) and arguments etc.in case theobjections are not removed, an hearing is also demanded before the appropriate



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hearing officer in which arguments are heard and further evidence is tendered to thehearing authority.

PUBLICATION IN THE TRADE MARK JOURNAL

After arguments and evidence etc., if the application is accepted, the trade mark ispublished in the trade mark journal, published from bombay.

OPPOSITION

After publication of the trade mark in the trade mark journal, 4 months period is grantedto the general public for opposing the registration of the trade mark, and if no oppositionis filed, then the registration is granted.

REGISTRATION CERTIFICATE AND DURATION

If no opposition is received in time, certificate is issued to the applicant, withretrospective effect from the date of the application. Trade mark once granted, remain inforce for a period of seven years from the date of the application.

RENEWAL OF TRADE MARK

The trade mark registration must be renewed after every ten years, from the date of theapplication. Otherwise the trade mark is removed from the register of the registeredtrade marks.

TIME REQUIRED FOR THE REGISTRATION OF A TRADE MARK

As per the present trends available, registration of a trade mark normally takesminimum of 1to 2 years, but when the registration certificate is issued, it is effective fromthe dat of the application. In case the registration is opposed, the registration may takeeven more time.

FILING OF TRADE MARK APPLICATION

In case of label mark/logo/artistic mark, please send 40 labels/printedrepresentations/bromides of the trade mark. No representations are required for a wordmark.

CAUTION

Do not use the symbol of rin a circle or represent in any other manner or claim thatyour mark is registered, until final registration is issued to you by the registrar of trademarks. Such false representation is punishable with imprisonment.

note:- The above information is for your general guidance and information only, notnecessarily containing all legal principles, rules, regulations and judicial

pronouncements. please contact us for further, specific, detailed discussion .the aboveinformation is subject to change without notice. kindly verify your legal status beforeacting on the above information. we shall not be responsible for any loss, whatsoeverand of whatever nature.


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