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you are here: Home Acts Trade Marks Act 1999

Trade Marks Act 1999
Acts - Acts

What is a trade mark: Section 2(1)(zb) of the Indian Trade Marks Act, 1999, defines a trade mark as a mark  capable of being represented graphically and which is capable of distinguishing the goods and services of one person from those of others and may include the shape of goods, their packaging and combination of colors.

A mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods , packaging or combination of colors or any combination thereof.

Validity Period: The registration of a trade mark is valid for a period of ten years after which it can be renewed.

I Filing Requirements:

  1. The mark for which registration is being sought
  2. Priority may be claimed from the Paris Convention, the Priority date in cases where priority from an earlier application is being claimed
  3. Name ,address and nationality of the Applicant
  4. The nature of business of the Applicant i.e. whether the Applicant is a manufacturer, merchant and/or a service provider
  5. Specification of the Goods and Services
  6. The date of first use in India, if any: the date of use has an extended meaning to include any advertisements etc relating to the goods which may be circulated in India through publications. In cases the mark is not used in India then the application can be filed on a proposed user basis
  7. Power of Attorney in favor of the agent

II Procedure:

  1. Representation Sheet: After the application is filed a duly endorsed representation sheet is issued by the Trade Marks Registry on which the official number and date of the application is mentioned.
  2. Examination: After the issuance of the representation the application is examined by the concerned officials and if they have objections to the registration of the application, the First Examination Report is issued by the Trade Marks Registry. The applicant has one month to respond to the objections raised in the report.
  3. Hearing: After filing the response to the examination report, if the Registrar is not satisfied an official hearing for the application is appointed by the Trade Marks Registry .
  4. Advertisement: The mark then proceeds to advertisement subject to the outcome of the hearing (in cases where a hearing is appointed) in The Trade Marks Journal
  5. Opposition: After the mark is advertised in the Trade Marks Journal, the same is open for a period of four months (non-extendible) for opposition by third parties who may have an objection to the registration of the mark. An official notice of opposition is required to be filed before the Registrar of Trade Marks.
  6. Registration: Should no opposition be filed, then the mark proceeds to registration and the registration certificate is issued. The registration is valid for a period of ten years.
  7. Renewal: An application for renewal of the registration of the mark can be filed six months before the registration is due for renewal. If no renewal is filed prior to expiration, within six months after the date of expiry, a renewal application can be filed along with payment of a surcharge.  After the six month period, upto a period of one year of the date of expiry an application for restoration can be filed.