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TRADE MARK REGISTRATION

CA.D.K.BAYYAREDDY (Chartered Accountant) (117 Points)

03 June 2009

Hi, Can you please explain the procedure to register the trade mark and copy rights?.

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5 Replies

CS P K Pandey (employed) (97 Points)
Replied 03 June 2009

For trade mark file form tm1 in five copies along with design of mark to IPR office. Fees Rs. 2500, but before this check availability of trade mark.

Divya (Advocate) (150 Points)
Replied 05 June 2009

The Act provides for an application for the registration of trademarks in more than one class of services or goods by way of one application. The fee payable in respect of such single application covering services or goods of several classes will be calculated and charged with respect to each such class as provided in the schedule to the Trademarks Act.

On a Trademark Application being by the proprietor/applicant it would be processed by the authority which shall issue a Trademark number subsequently. After the Trademark number is assigned, the Trademark registry will scrutinize the application on its merits and will issue an examination report setting out the objections to the registration of the trade mark and statutory requirements to be complied with, if any.

On a compliance with the requirements thereof, further processing of the application will be taken up by the registry. On completion of the requisite processing of the application up to the stage of advertisement in the Trade Mark Journal, the application will be listed for advertisement in the journal.

After advertisement in the journal, an interim period of four months from the date of advertisement of the mark is laid down by law, for oppositions, if any, from the interested parties and on the successful completion of this statuary gap after advertisement without any opposition, the application will be proceeded in further and the certificate of registration will be issued.

Kiran (IPR Expert) (38 Points)
Replied 27 August 2012

Oh well...pretty old thread! The procedure has changed slightly now. First a search has to be conducted to ascertain availability of the trademark. Then you have to submit the appropriate form with proper details. You might see the trademark registration procedure here.

It is recommended you take professional help.

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Trademark Lawyer Mumbai - Protect your brand/logo!

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CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 28 August 2012

Now the fees has been increased to Rs. 3500/- per mark.

Secondly, you have to make online search in the appropriate class of product thereafter file form TM1 along with the above fees for the registration of Trade Mark.

Srriram (B.Com) (22 Points)
Replied 14 March 2015

Hi,

I have a music band and we do live shows. I want to register my Band name (the band is functioning as a partnership entity with 3 partners including me) as well as my band's logo.

Please let me know the procedure and costs involved and also under which category I will need to register my band name and band's logo.

Thank you.