The Trademarks Law in India is governed by the Trade Marks Act, 1999. The Act provides for registration of any mark which is capable of being represented graphically as a word, device, label, numerals or combination of colors and capable of distinguishing the goods or services of one person from another. In other words, a trademark is a source identifier. Let us find out What are the procedure for registration of trademark.
Procedure For Registration of Trade Mark —
- Application – A person claiming to be the proprietor of a trade mark which is either used or is proposed to be used may apply for the registration of his trade mark by filing an application in writing in the prescribed manner to the Registrar appointed under section 3. This application is to be filed in the office of the trade Mark Registry (established under section 5) within whose territorial limits lies the principal place of business of the applicant or Trade Mark application can be filled online on www.ipindia.gov.in. In this application the class of the goods has to be specified according to the international system of classification of goods or according to the alphabetical index of classification published by the registrar in accordance with section 8 of the act.
- Acceptance or refusal – After the application made the registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit. the grounds for refusal or conditional acceptance of the application have to be recorded in writing by the registrar. [section 18(4) and (5)].
- If no objections are raised, the mark shall directly be allowed to be advertised.
- Response to Examination Report – If an examination report is issued, a response must be filed within one (1) month from the receipt of the examination report failing which the application is “deemed to have been abandoned” by the Applicant. If the Trade Marks Office is convinced with the response filed, the application is advertised in the Trademarks Journal. Alternatively, in case the Examiner has further objections, a show cause hearing would be offered to the Applicant.
- Advertisement of Application – After the application and the acceptance whether absolutely or conditionally, and even in certain circumstances before the acceptance, the Registrar causes the advertisement of the application so as to afford to the public the opportunity to oppose the registration of the mark. After the application for registration of a trade mark has been accepted whether absolutely or subject to conditions or limitations, the Registrar shall cause the application as accepted together with the condition or limitations, if any, subject to which it has been accepted, to be advertised in the prescribed manner.
- Opposition to Registration – After the advertisement, any person may, within four months from the date of advertisement or re-advertisement of an application for registration, give notice to the registrar of his opposition to the registration application. The Registrar shall serve the copy of the notice to the applicant, and within two months of receiving the notice, the applicant shall send a counter-statement of the grounds on which hw relies for his application or registration; failing which his application is deemed to be abandoned. The copy of the counter-statement is to be served on the person giving notice of opposition. the registrar has the authority to decide the claims on the basis of the statements and the evidence produced. (section 21).
- Registration – When an application for registration of a trade mark has been accepted, the registrar shall, unless the central government otherwise directs, register the said trade mark within 18 months of the filing of the application. On the registration of a trade mark, the registrar shall issue to the applicant a certificate of the registration thereof, sealed with the seal of the Trade Mark Registry.
- Duration & Renewal – The period of registration of a trade mark is 10 years but the said period may be renewed from time to time in accordance with the provisions of this section. [section 25(1)].
ALSO READ : The Trade Marks Act, 1999 And Important Keywords
A Flow Chart or Diagram Of Procedure For Registration of Trade Mark
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