Who Can Apply
Any person who claims to be a proprietor of a trademark and is desirous of registration of the mark can apply. The application may be made in the name of an individual, partners of a firm, a Corporation, any Government Department, a trust or joint applicants.
- After completing all specifications on the prescribed application form, an application shall be filed in the office of the trademark Registrar "within whose territorial limits the principle place of business in India of the applicant or in the case of the joint applicants the principal place of business in India of the applicant whose name is the first mentioned in the application, as having the place of business is situated.
- Every application for registration of a trademark shall contain a representation of the mark in the place provided in the form for the purpose. Ten additional representations of the mark have to be supplied with the application.
- Upon submission of an application for registration of a trademark, there can be four outcomes:
- The application is accepted as it is.
- The application is accepted subject to certain amendment.
- The application is accepted but latter it is found to have been accepted in error.
- The application stands rejected.
The application is thus either accepted completely or is accepted subject to amendments.
- Soon after acceptance of the application, the application is advertised in the Trademarks Journal.
- Any person may, within three months from the date of the advertisement or readvertisement of the application for registration or within such further period not exceeding one month, give notice in writing to the Registrar of opposition to the registration. If such an opposition does not arise then the mark is deemed to be registered.