Trade Marks | Patents | Copyrights | Designs
Manish M. Bhagnari
B.Com. & LL.B.Trade Marks
Administrative Steps Involved In Trade Marks Registration
1. All applications for registration of trade marks are received at the Head office and its branches according to territorial jurisdiction.2. Applications are then examined mainly with regard to the distinctiveness, possibility of deceptiveness and conflicting trade marks.
3. The registrar on consideration of the application and any evidence of use or distinctiveness decides whether the application should be accepted for registration or not, and if accepted, publishes the same in the official gazette i.e. Trade Marks Journal (published in CD-Rom).
4. Within a prescribed period any person can file an opposition, a copy of which is served to the applicants who is required to file a counter-statement within two months failing which the application shall be treated as abandoned.
5. Thereafter, the opponent leads evidence in support of his case by way of affidavit followed by the applicant’s evidence also by way of affidavit in support of the application. After that the opponent files evidence by way of rebuttal. On completion of evidence, the matter is set down for a hearing and the case is decided by a Hearing officer.
6. The registrar’s decision is appealable to the Intellectual Property Appellate Board.
IMPORTANT POINTS ABOUT TRADEMARKS
PROCEDURE FOR TRADE MARK APPLICATION
CLASSIFICATION OF GOODS AND SERVICES
TRADE MARKS REGISTRY