Trade mark

Trademark

Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. “Mark” may include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.

Who may apply

Any person “claiming to be the proprietor” of the trade mark ‘used’ or ‘proposed to
be used’ by him may make an application in the prescribed manner for registration of his trade mark. Any person may include:
  • Any individual,
  • Company,
  • Association of persons
  • Society,
  • HUF
  • Partnership firm, whether registered or not ,
  • Government, trust etc.

Jurisdiction for filing application

A trade mark application is to be filed at the ‘appropriate office’ of the Registry within whose territorial limits, the principal place of business in India of the applicant is situated. If the applicant has no principal place of business in India, he should file the application at that office within whose territorial jurisdiction, the address for service (agent address) in India given by him is located.

Mandatory Information required to file TM Application in India

 

  1. Name of the applicant in full.
  2. Nationality & address of the applicant.
  3. Period for which mark has been used (if any).
  4. Specification of goods/service Class of which mark is to be registered.
  5. Priority date, priority number and country from where priority claimed.
  6. Power of Attorney (in Form TM-M) including the name and status of the executant.

Certification services

The application may contain a declaration claiming priority as per the Paris
Convention. In such cases, it should contain the following information.

  1. Date of the earlier application
  2. Number of earlier application
  3. Country in which the earlier application was filed

Such application must be filed within 6 month from the date of earlier application made in convention country. Where applications are made in two or more convention countries, the period of six months will be reckoned from the date on which the earlier or earliest of those applications were made.

Acceptance of trademark for registration

If the trademark applied is found to be in order complying all the requirement of law, the Registrar of Trademark shall register the trademark or advertise before acceptance(aba). After advertisement of a trade mark being aba in the Trade Marks Journal, the registration of the trade mark may be opposed by any person within 4 months. If the opposition is successful, the registration of the trade mark will be refused. If it fails, the mark will be registered.

Who may oppose:

“any person” may give a Notice of Opposition to the registration of a trade mark

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