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Mr Ramu Vedaraman Co-Authors on "Law of Trademarks & Geograhical Indications". 2003 Edition

Click Here for Salient Features of the Trade Mark Act, 1999

By V. Ramu & V. Anuradha

Registration of Trade Marks, normally takes approximately 2 years, but when registration is issued, it is always effective from the date of filing the application. In case of any opposition, the registration of a Trade Mark may be delayed further.

A Trade Mark should preferably be a word or a device. A Trade Mark may be an invented word or even a coined word having no dictionary meaning and is not directly or indirectly describing the goods.

Since Trade Mark is a property it is advisable to make a search. This may help the applicant in tracing out same or similar mark either registered or pending as an application which may at a later stage be formidable barriers to the registration of his own mark.

For correct filing of the Trade Mark application, the Trade Mark must be filed in the appropriate classes (Classification of Goods and Services is enclosed).

The Validity of Trade Mark is 10 years from the date of filing and has to be renewed every 10 years.

The Trade Mark applications must be filed at the proper Registry having jurisdiction accordingly. The Trade Mark Registry has it Head Office at Mumbai and Branch Offices at Calcutta, Chennai, Delhi and Ahmedabad. Each of the office has its jurisdiction.

Office Jurisdiction

Mumbai The State of Maharashtra, Madhya Pradesh and Goa.

Calcutta The States of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura and Union Territories of Nagaland, Andaman & Nicobar Islands.

Delhi The States of Jammu &Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, And the Union Territories of Delhi and Chandigarh.

Chennai The States of Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and the Union Territories Of Pondichery and Lakshadweep Island.

Ahmedabad The States of Gujarat and Rajasthan and the Union Territories of Daman, Diu, Dadra And Nagar Haveli.

Any third party can file a Rectification proceedings for removal or expulsion of a mark from the Register of Trade Marks. Rectification proceedings can be on the grounds of non-use for 36 months from the date of application or the registration was made without any bonafide intention to use the mark.

(Eg. Coke)-non-use, due to the restrictions from the Government.

Registered User Agreement.

License Agreement.

Assignment

Transmission.

Mr Ramu Vedaraman Co-Authors on "Law of Trademarks & Geograhical Indications". Revised 2005 Edition.

Click Here for 1999 ACT Classification of Goods & Services - List of Classes of Goods & Services

Trade Mark means mark used on goods / services for distinguishing the goods / services. A Trade Mark is either a symbol or a monogram or a logo, it can also be a word, a device, a letter or letters, a numeral or numerals, a picture or a combination of all these elements.

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