Application for trademark registration as registered user
An application to the registrar for trademark registration under section 49 of registered trademark user of that person. It shall be created together of that person and the registered owner of the trademark in form TM-U. It shall be helped by the documents, details and proofs as need in sub-section (1) of 49.
The suggested user and registered owner shall also make and register such other documents and provide such other proofs and details as may be need in that behalf by the registrar.
No application shall be involved unless the aforesaid has been registered within 6 months from the consent mentioned in clause a.
Where the trademark registration has more than one application, the trademark filed user is form by the same registered owner. The same preferred registered user in approval of Trade Marks covered by the similar consent. The documents are specified in sub-section (1) of section 49 may be registered with anyone of the applications.
Inspection by the registrar
Under sub-section (2) of section 49, the registrar shall satisfy, that the application and the following documents accommodate with the applicable conditions of the act and the rules, file the suggested registered user in favour of the goods or services as to which he is so pleased.
Proceeding before refusing an application or to accept it provisional
The registrar may, after providing a chance of hearing to the companies involved, either reject the application or obtain the same with such rules.
Entry in the register
Under sub-section (2) of section 49, the registrar obtains an application for trademark registration as registered user. The user shall file the preferred registered user and publish the same in the journal.
The appearance of a registered user in the register shall give the date on which the application for trademark registration of registered user was made. It shall be considered as registered user of the date of registration of that person specified in the arrival. The intrusion shall also present, in addition to the statements and particulars specified under section 49. The name form and major place of business in Chennai of the registered user. If he does not run a business in Chennai his address for run in India.
Registration not to indicate authorization to convey money outside
The trademark registration as registered user is not finding to suggest an confirmation of the statements and it connects to the transferal of any money as concern for the use of Trade Mark to any place outside India.
Communication of registration as trademark registered user
Communication in writing of the trademark registration of a registered user. It shall be sent by the registrar to the trademark registered owner to the registered user and to all other registered user whose name is preserved in connection with the same trademark.
Registered owners’ application to differ entry
An application by the trademark registered owner for the difference of the registration of a registered user of which Trade Mark under section 50. It shall be created in Form TM-U and where the registered user has provided allow to such difference.
Cancellation of trademark registration as registered user
An application of trademark registration for cancellation of a registered user under section 50 in a Form called TM-U.
In case of the trademark registration of a registered user for a term in conforming with section 49. The registrar shall delete the entry. Where some or services or all the goods or rejected from those in point of which a Trade Mark is registered. The registrar shall at the same time reject them from those restrictions of registered users of the Trade Mark in which they are incorporated.
Trademark Registered user
The registrar may at any time, by discover in writing need of the registered owner to give him details under section 51.
Rule on application to differ entry or cancel registration
Under section 50, the registrar shall inform in writing applications to the registered owner and each registered user.
Under sub-rule (1) any person notified who plans to follow in the proceedings. It shall within one month of the proceeds of such notification provide notice to the registrar in Form TM-U to the effect. It shall send therewith a declaration of the grounds of his involvements. The registrar shall make or served copies of such statement and notice on other parties. The registered owner, the applicant, the registered user whose trademark registration is the subject matter.
Under section 50 made any application, the applicant and any person mentioned under sub-rule (1). The registrar after providing the parties a chance of being heard. It may reject or conform the application substance to any amendments, limitations and modifications.
In case of an application for differing any registration under section 50 or deleting any registration of the grounds specified under this section.
Registered users’ application
Under section 58, an application made under sub-section (2) in Form TM-P by a trademark registered user or by a person properly authorized by the registered user. The registrar may need such proofs as may think fit to the conditions in that the application is made.