Who may apply to register trademark in India
The trademark registration procedure is included under section 18 to 26 of the Trade Marks Act 1999 and Rules 25 to 62 of the Trade Marks Rules 2002. Here we can see about who may apply to register trademark in India.
Who may apply to register?
Any person maintaining to the trademark owner used or filed to be used by him, who is wishful of registering it, shall apply in writing to the registrar in the specified thing for the trademark registration.
One application may be made for trademark registration for various classes of goods and services and fee payable.
All appeal should be registered in the office of the Trade Marks Registry within whose regional ranges the major position of business of the candidate is locate. In case the candidates is not doing business in India the approach should be registered in the office within whose control his address of service is placed.
Any person who submits to the trademark owner used or filed to be worked by him may apply to register the mark. The important needs is that he should have a legal claim to the ownership of the mark. This submits may be form on use of the mark in connection to specific goods by the applicant himself or it may be placed on his goal to use the mark.
An application can be create in the name of a partners or an individual of a corporation or firm. A minor maintained by the guardian can also apply. Two or more person may apply to register a mark as joint owners mentioned the conditions set placed in section 24 are served.
Under section 3 (42) of the general clauses act 1897 the name “Person” shall contain any association or company or body of individuals, whether registered or not.
The companies act 1956 under section 147 needs the registered company name should be used clearly on all business and property bills etc., It does not prevent the use of any other trading name by the company. So a company may handle a business with various names while not hiding its own name as the proprietor thereof.
If the company proposes or uses to use a trademark in relation with that business can create an application for trademark registration under its own business name trading as the company name like R&S Limited trading also as M. An application cannot be create a company name which is not being on the date of application.
The firm request should be create in the partners name example R, L & M trading as B.
Hindu Undivided Family
It makes an application under the names of members. For Example R, L, M & B.
An application is create in the trust name. Under section 3(42) of the General Clauses Act a “trust” can be combined within the significance of a “person”.
A foreign company or corporation can create application for trademark registration. In the type of a company or corporation. It is made under the name as registered in the country of registration.
Two or more persons could not apply for trademark registration separately. But, the trademark is used or proposed in connection to goods attached in the course of trade with all are apply for trademark registration in their joint names. In this instance, the applicants will need to agree to the stipulation which the trademark shall be used. It is different from partnership firm.
Claim to proprietorship
A detail on property in trademark and the person can become the owner of trademark either by good of use or by trademark registration. Only the trademark is submitted to be used, the applicant cannot declare proprietary rights in the trademark until he starts using he obtains registration or using the mark. The statement “declaring to be the proprietor” in connection to trademark that is only preferred to be used, its mean “maintaining to become the proprietor” either by use in the near future or by registration.
When an applicant for registration has create a request to proprietorship in excellent belief, but later the request was processed by a person who has started user to the date of application of the registered mark.
An application for a trademark under the Trade Marks Act 1994 was as much a plan of property as registered trademark.
Application made in bad faith
The trademark registration on the date of application and the person could not request to become the trademark owner in favour of the goods for that registration was wanted the persons.
An UK proprietor of the mark “Navibird” in favour of boats manufactured one boat to an American company to make the boat locally under license. In the similarity, the shipping and invoice documents, the mark “Navibird” was used in favour of goods.
Effect of publication of the trademark
Many foreign newspapers including advertisement of trademarks publish in India. Naturally a question appears whether such notifications amount to creating a request to proprietorship of the marks announced.
In specific conditions at least this would creating a request to proprietorship of the mark comfortable to successfully challenge an application for trademark registration of a same mark suggested to be used by other person.
Copyright in mark owned by third person
At that period of application for trademark registration, the copyright owner was a third person in the trademark. The person could nor request the owner of the mark as the copyright proprietor would be in a place to end the applicant from using the trademark.
A person who suggests to use his normal signature in favour of some goods can request to be owner of the mark. If he had authorized his name for worked in favour of those same goods. So an application to register the signature may be declined under section 11.
Adoption of a deserted mark
If a proprietor has deserted his registered trademark by not renewing it, the applicant who primary choose the marks.
Effect of false claim to proprietorship
If the person at the time of creating the application had known which trademark as registered for or a same trademark had already been used by other trader in connection to same goods.
Importer registering a mark or foreign manufacturer
A manufacturer trademark is pure and simple cannot correctly performed by a person who buys from that manufacturer. The goods of the manufacturer proceed with the dealer or importer. If a foreign manufacturer had registered his trademark of his goods imported. The importer cannot get their registered trademark in his name without the approval of foreign manufacturer. So, the foreign manufacturer had not use their mark in their own country initial to the registration date of application. In the time of trademark registration previously determines the goods of the registered proprietor.
A request to register a trademark should, unless the trademark is offered to be used, include a declaration of the term during that. The trademark has been used by the person whom in favour of the goods specified in the application. Normally, the confirmation of user is need to be registered only when it is important for showing uniqueness of the trademark under section 9. The person request for registration is based on genuine user under section 12.
Use by license
If any person requesting to be a trademark owner is used by him, may show any person declaring to be an owner of an unregistered trademark using it through a normal law licensee. The trademark was created by a licensee under a license agreement under the rule of and management of the licensor.
Suggested to be used by him
The statement “by him” presents that the plan to use must be by the person himself. The name “proposed to be used” approach which the person for registration must have shown and specific idea to use the trademark in connection to the goods in favour of which registration is request. A bona fide purpose on the part of a person to use, as soon as positions allowed. A trademark permanently disqualified from use because of winning problems and unresolved is trade may be adequate, apart from various factors, to explain an application for registration.
The name “proposed to be used by him” in their normal grammatical effect, mean filed to be used by the owner himself or by those for instances, his servants and agents whose uses in the eye of law are the acts of the owner himself. But an applicant does not suggest to use the trademark himself is not a trademark within the meaning of the mark.
The applicant is decide for registration business that have up to date with the application for trademark registration. The truth which the trademark was thought to be something which some day may be beneficial would not charge to any exact and correct idea at the time of registration. The idea is to use the mark must occur at the time of the application for registration and such plans must be true.