Online Link to Act/Rule/Legislation
Initial Setup or Ongoing Maintenance
Initial Setup only
Filing and Maintenance Requirements
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the TM Registrar in the prescribed manner for the registration of his trade mark.
A single application may be made for registration of a trade mark for different classes of goods and services and fee payable thereof shall be in respect of each such class of goods or services.
If the trademark has not proceeded to registration, then the ™ symbol can be used. If the trademark is registered, then only ® can be used.
• The Act prohibits a person from doing as follows:
- to represent a trademark, which is not registered, to the effect that it is a registered trademark; or
- to represent a part of a registered trademark, not being a part separately registered, to the effect that it is separately registered; or
- to represent a registered trademark as registered in respect of any goods or services in respect of which it is not in fact registered; or
- to represent that registration of a trademark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the register, the registration does not in fact give that right.
Application Guidelines / Responsible Persons / Comments
An applicant making an application for registration of a trademark shall, in any case, have to
comply with the general filing requirements.
In Addition to the above it also gives glimpse of formality requirement in relation to the
acceptability of a trademark application to move towards examination.
As part of the examination of an application for registration of a trademark u/s 18 (4) and 18
(5), the Registrar must determine as to whether the application has been made in accordance
with the Trade Mark Act 1999 (here in after the Act) and / or Trade Marks Rules 2002 (here in
after the Rules) or not.