In India Trademark Application is governed according to the laws of Trademark Act, 1999 and Trademark Rules, 2002 in the prescribed format along with the prescribed fees.
Who can file Trademark Applications in India?
Any individual or company who claims to be a proprietor of the Trademark can file Trademark application in respect of desired specification of goods and services.
What is the state of jurisdiction of the Mark?
In case of Indian Applicants, the State of jurisdiction/ appropriate office will be place under whose jurisdiction the Applicant’s principal place of business falls and in case of foreign applicants the state of jurisdiction/ appropriate office will be the place within whose jurisdiction the applicant’s agents/attorney is situated. The five Trademark registry jurisdiction in India are as follows-
|trade Mark Registry (Jurisdiction)||States Covered|
|MUMBAI||The State of Maharashtra, Madhya Pradesh, Chhattisgarh and Goa|
|AHMEDABAD||The State of Gujarat and Rajasthan and Union Territories of Daman, Diu, Dadra and Nagar Haveli.|
|KOLKATA||The State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand and Union Territories of Nagaland, Andaman & Nicobar Islands.|
|NEW DELHI||The state of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Delhi and Union Territories of Chandigarh|
|CHENNAI||The state of Andhra Pradesh, Telangana, Kerala, Tamil Nadu, Karnataka and Union Territories of Pondicherry and Lakshadweep Island|
What Particulars should be mentioned while filing an application
- Name, address and nationality of the Proprietor.
- Legal status of the proprietor i.e. individual, partnership, HUF, body incorporated.
- Whether a proprietor is a manufacturer, merchant, service provider.
- Trademark to be applied i.e. Word mark, Device Markk, Sound Mark, label, composite mark etc.
- Language of the mark (if mark is other than english language)
- Translation or Transliteration of the mark.
- Class of goods or services in respect of which trademark application is to be filed.
- Specification of goods or services is to be mentioned.
- User detail of the trademark is to be mentioned whether it is used on a prior basis or is on a proposed to be used basis.
- Address for services in India (of any agent or attorney (if any)).
- Consitio or disclaimer with the mark.
- Associated Trademark (If any)
What documentation is required to be filed?
Firstly TM-48 form is required to file a Power of attorney if any individual has involved any agent or attorney. A duly notarized POA is to be submitted in registry in order to avoid any objection to come from the registry side.
The registry have recently introduced comprehensive efiling of Trademark which enables individuals to file their trademark online along with the required documents.