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Procedure for Registration (Trademark Act)


Procedure for Registration (Trademark Act)
Procedure for Registration (Trademark Act)

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Application Process (Section 18)


  • An applicant desiring registration of a trademark must apply in writing to the Registrar, adhering to prescribed procedures.


  • The application must pertain to goods or services within a single prescribed class.


  • Non-usage or absence of intent to use a mark renders the applicant ineligible for registration.


  • The application should be filed within the territorial limits of the Trademarks Registry where the applicant's principal place of business in India is located.

 
 

Examination and Objection (Sections 18(4) and (5))


  • The Registrar may refuse, accept, or accept with amendments or conditions.


  • Reasons for refusal or conditional acceptance are recorded.


  • Examination ensures compliance with formalities and searches existing trademarks for conflicts.


  • Conflicting marks are notified to applicants, who must demonstrate entitlement to registration.


  • Evidence may be required to establish distinctiveness, especially for non-distinctive marks.



Amendments and Corrections (Section 22)


  • The Registrar may permit corrections or amendments to applications.


  • Amendments altering the nature of the application may be refused.


  • Both parties are given opportunities to present evidence and arguments.




Opposition Process (Sections 20 and 22)


  • Accepted applications are advertised, allowing opposition within four months.


  • Grounds for opposition must be specified.


  • Counter Statements and evidence exchange occur between parties.


  • Registrar fixes a hearing date, where evidence is presented and decisions rendered.


  • Registrations may be refused or granted based on the outcome of opposition proceedings.



Registration and Certificate Issuance (Section 23)


  • Upon acceptance and completion of the process, the Registrar registers the trademark.


  • A certificate of registration is issued to the applicant.


  • Registration is retroactive to the application date.


  • Failure to complete registration within twelve months may lead to abandonment, subject to Registrar's notice.

 
 


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