Online Trademark Registration In Bangalore
The Trade Marks Act, 1999 and the Trade Marks Rules, 2002 (as
amended) govern the law relating to trade marks in India. The legislation, as indicated in the Preamble to the Act, is an
“Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.”
Examination of Trade Mark applications
The objective of this chapter on examination of online trade mark Registration application is to explain he important considerations to be applied during examination and to give guidelines on registrability by:
• setting down the definitions of important expressions used in
the Act, which have a bearing on examination of a trade
mark application, and giving guidance on how this is
interpreted in practice;
• referring to the Sections of the Act which deal with the registrability of marks and giving guidance on the legislative intent and scope of those sections;
• indicating when and the manner in which objections are to be raised; and giving guidance as to how objections are overcome;
• setting out the circumstances when evidence may assist an application;
• setting out the type of information normally required in evidence, and giving (where possible) guidance about what to look for in deciding whether a case may proceed on the basis of evidence.
A company may make an application for Trademark registration in its own corporate name. In the case of a company incorporated outside India , the country of incorporation and the nature of registration, if any, is to be mentioned.
A partnership firm shall make the application in the names of all partners trading as XYZ. When including the name of a minor in the partnership, the name of guardian representing the minors should also be mentioned. If there is omission of the name of any partner in TM-1, omission can be corrected when supported by necessary documents . Such corrections will not constitute change in the proprietorship of the mark. (Vivekananda Match company Vs. Jupiter Match Works ( 1991 PTC 61). However ,any new addition or deletion of name of a partner subsequent to the date of application will mean change in the partnership.
Application may be made in the name of the trust, represented by its managing trustee/chairman etc trading as XYZ.
A Department of Government , Central or State/or a Government owned or controlled company may also make application for registration of trade mark like any other person.
Section 24 enables registration of two or more persons to be registered as joint proprietors of the trade mark, where the mark is used or proposed to be used in relation to goods or services connected with the joint applicants.
