15 September 2008
Procedure for registration of trade marks
Any person/entity who claims to be the proprietor of a trademark can apply for registration. Before applying for registration, the applicant may apply for a report from the Registrar of Trademarks, as to whether the mark or one similar to it has already been registered or applied for. The applicant can also conduct private searches using the records maintained in the Registry.
Thereafter, the application for registration should be filed in Form TM-1, under the Trade and Merchandise Marks Rules, 1959.
After the application is received, the Registrar of Trademarks will examine the same and communicate any objections to the applicant. The objections normally are with regard to distinctiveness and similarity with already registered trademarks. The applicant can put forward his case in writing or at a hearing. If the submissions of the applicant are accepted, the application will be advertised in the Trademarks Journal.
In case any objections are received, the Registrar will conduct a hearing and give a decision regarding the same. If no objections are received, the Registrar will enter the mark in the Register of Trademarks and issue a certificate of registration to the applicant. The certificate of registration is valid from the date of application for registration.
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