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Guidelines

Guidelines for registration of your trade mark

  1. Trade mark application can be filed for a mark which is in ” USE ” or ” PROPOSED TO BE USED”.It is considered as an inseparable part of the goodwill of the business and is being considered as ” Movable Property ” .
  2. The Proprietor or Director or Managing Partner should authorize your attorney or agent under Form TM-48  to appear before the Registrar on behalf of the firm / Company .It would be on Non-Judicial Stamp paper. If you authorize in Form -TM-48, the attorney or agent is entitled to sign in all papers to be filed for registration except affidavit.
  3. You have to furnish the FIRST DATE from which the mark is being continuously used. This you can Verify from your first sales invoice.
  4. Furnish the name of proprietor or name of all partners in the Firm and address of the Firm or Company. If it is a Private/Public Limited Company ,please furnish the Memorandum and Articles of association.
  5. You have to furnish 20 labels of your mark ,if such mark contains any lettering style or logo or device or label, it should be in small size other-wise please furnish the “word ” itself. Labels should be mounted upon the  Form-TM-1  in triplicate and  on  ten additional representations.
  6. Furnish the specification of goods to which the mark is applicable.
  7. After filing ,computerized application number will be allotted to your mark within FORTY DAYS from the date of filing application. Then you have to pass on the following three stages during the period of four to five years or to some extent
    (1)Examination stage.
    (2)Enquiry stage by Registrar.
    (3)Advertisement stage – TRADE MARKS JOURNAL
    (4)Opposition stage. if any
  8. While pending ,you can use your trade mark as you like.’ User ‘ is very important in trade marks. You will gain goodwill because of the continuous use of your mark. For better protection , you have to get registration of your trade mark.

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Trademarks

A  trademark popularly known as  brand name, is a visual symbol in the  form of a word or a device or a label applied to the commercial goods or service to enable the consumer public to identify one trader’s goods from similar goods of other traders.

Under the Trade and Merchandise Marks Act, 1958 registration of ‘service mark’ is not possible but under the new Trade Marks Act ,1999 registration of ‘service mark’ can be done. Such ‘service mark’ can be used as a trade mark but applied to services rather than goods i.e. Banking, Communication, Education, Financing, Insurance, Chit Funds, Real Estate, Transport, Storage material treatment, Processing, Supply of electrical or other energy, Boarding and Lodging, Entertainment, Amusement, Construction, Repair, Conveying of news or Information or Information and Advertising.

Registration of a trade mark is not compulsory. But for better protection it is advisable to register a trade mark.

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