Trademarks Registration

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This query is : Resolved

shivashankar (Querist)

16 October 2009 my client wants to register his Trade name under the trade Marks Registration Act.
1.What are the procedures to get registration of Trade name under the Trade Marks Registration Act.
2.what is the normal time required to get the tademarks registration.
3. Cost involved.

Can any body through light on these issues.

Thanks & regards
CA. Shivashankar

ANIL JANGID

ANIL JANGID (Expert)

16 October 2009 Procedure For Registration Of A Trade Mark
Any person claiming to be the proprietor of the trademark is entitled to obtain registration by filing a request in the prescribed manner and by paying the requisite fee. The application is numbered as per seriatim and date. The application number and date of filing ultimately become the registration number and date of registration, if the application is able to overcome the objections as may be raised by the Registrar under Section 9 and/or Section 11 of The Trade Marks Act, 1999 and the opposition proceedings, if any, initiated by third party.

The said application, after filing, is examined by the Registrar on the basis of the data it possesses concerning the earlier registered marks or pending applications. The Registrar may accept the application to proceed for publication or direct the same to proceed for publication before acceptance. If the applications are in conflict with earlier registered or pending marks in respect of same or similar goods and the applicant claims concurrent or parallel rights on the ground of honest and bonafide adoption, the Registrar may waive objections and accept the application for registration irrespective of earlier conflicting marks.

On publication of the mark in the official gazette called the Trade Marks Journal, any person can oppose the grant of registration by filing a notice of opposition within the prescribed period of time of three months, which can be extended by a maximum period of one month on a specified request made before the expiry of the statutory period of three months