Duration and procedure of trademark registration
Any person requesting to be the trademark proprietor or preferred to be used by him, who is wishful of registering the trademark. It shall request in writing to the registrar in the recommend manner for the duration of trademark registration either in Part A or in Part B of the register.
An application shall not be create in favour of goods included in more than one specified class of goods.
Under sub-section(1) all application shall be registered in the office of the trademarks registry within whose regional limits the major place of business in Chennai of the applicant or the joint applicants main place of business in Chennai of the applicant whose name is first specified in the application, as including a place of business in Chennai, is locate.
Produced that where the petitioner or any of the joint petitioner does not convey on business in Chennai. The application shall be filed and submitted in the Trademarks Registry with in their regional limits and the location is specified in the address for their service in Chennai as published in the application is locate.
An application for trademark registration (other than a certification trademark) in Part A of the register. The registrar may, if the petitioner wants, rather declining the application, consider it as an application for registration in Part B of the deal and register with the application properly.
Withdrawal of acceptance
Where after the confirmation of an application for trademark registration but before its registration, the registrar is satisfied:
Which the application has been obtained in error
Which in the positions of the instance of trademark should not be registered or not registered to limitations or conditions or varied from the limitations or conditions subject to which the application has been approved.
Advertisement of application
When an application for trademark registration has been approved, whether limitations, subject to conditions or totally. The registrar as approved with these limitations or conditions. If any subject to which it has been approved, to be announced in the specified way.
The registrar may produce the application to be advertised before approved. If it describes the application as accepted simultaneously with the limitations or conditions. Every company is registered their business name with the help of designing a logo.
Opposition to registration
The date of advertisement or re-advertisement within three months of an application for registration or within more period. It is not increasing more than one month and the payment of the specified fees, permits provide notification in writing in the suggested way to the registrar, of opposition to the registration.
If the petitioner send counter-statement the registrar shall produce a copy thereof. The company name must be registered to designed in their logo.
The registrar shall after getting the parties, if so need and comparing the proof, choose whether and subject to what limitations or conditions. If any, the registration is to be allowed and a reason of complaint whether planed by the objector or not.
A person is providing notice of an applicant sending a counter statement or opposition after acceptance of a copy of such announcement neither resides nor carries on business in India. The registrar may need him to provide security for the costs of actions before him.
Substance to the conditions of section 19, when an application for trademark registration in Part A and B of the register has been accepted and either—
The application has not been conflicting and the time for announcement of opposition has expired.
The application has been conflicting and the action has been determined in approval of the applicant.
The trademark shall registered in the date of creating of the said application and which date shall be to be the date of registration.
Trademark registration, the registrar shall provide a certificate to the applicant in the specified form of the registration thereof,
Where trademark registration is not done within 12 months for approving the application.
The registrar may change the registration certificate or register for the reason of correcting a mistake or clerical error.
Restoration, Renewal, Duration of registration
The trademark registration shall be for a term of 7 years, however it may be renewed from now and again in following with the conditions of this section.
The trademark registration renew is for a duration of 7 years from the date of terminating of the valid registration or of the last registration of renewal.
At the specified time before the termination of the last trademark registration, the registrar shall send notice in the specified mode to the registered owner.
Where a trademark has been extract from the register for non-payment of the specified charge. The registrar may have one year from the ending of the last trademark registration. The trademark to the register and renew the trademark registration either commonly or limitations as he thinks fit to force, for a term of 7 years from the termination of the last registration.