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Trade Mark Registration

Kiran Toshniwal (Practicing Company Secretary) (142 Points)

07 April 2010

Hi,

What is the procedure for trade mark registration? Who is the authorized person to do it?

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2 Replies

Kavin (Emplyment) (149 Points)
Replied 09 April 2010

Following is the procedure and requirements for registration of a trademark by a Company:

We need to check the Memorandum of Association of the Company (for main objects of the Company, so that we can ascertain the class in which an application for registration has to be made). You will get the Chart of Classes on the website of Indian Trademark Registry.

Next a search is required to be taken to check if a similar or same trademark has already been registered in the concerned class. The search can be taken in the following ways in Form TM 54:

i) By making a physical application in the Trademarks Office forRs.500/- whereby we get an authentic report on whether there is a similar or same trademark already registered or otherwise. The process will take about a month.

ii) By conducting online search for Rs.400/- ourselves. But we get only 15 minutes to conduct the search.

iii) By making an application in the Trademarks Office for Express Search in Form TM 71 for Rs.2500/- The search report will be obtained in about a week.

Taking the search is not compulsory but it is strongly advised to take the search as the results of search help us in dealing with the objections that are raised after the application has been made.

Apply for Registration in Form TM 1 for which the application fee is Rs.2500/- The entire process of registration takes around 2 years subject however to the objections that may be raised by the Trademark Registry. However, on and from the date of making the application, the applicant can use “TM” against its trademark.

A colour label of the trademark to be applied is required. A scanned copy in colour shall be sent by the client of the trademark having font size of at least 48 (1 inch).

5. Exact date of first use of the Trademark/Service Mark in India.

Names of the Directors of the Company.

Name and Address of the Company.

Certificate of Incorporation.

9. Power of Attorney signed by the applicant & in the case of corporate body, by the Director or Legal representative of the company. (Please note that the power of Attorney need not be Legalized or Notarized).

Kiran (IPR Expert) (38 Points)
Replied 04 August 2012

Trademark registration is a specialist job though you can do it yourself if you are sure. If you are not it would be worth taking help of a trademark lawyer.

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