3. Any person Claiming to be the proprietor of
a trademark used or proposed to be used by him,
who is desirous of registering it, shall apply in writing
to the Registrar in the prescribed manner for the
process of registration of his trademark.
An individual application may be made for trademark
registration for different classes of goods and
services and fee payable therefore shall be in respect
of each other such class of goods and services.
Every application under Sub-section (1) shall be filed
in the office of the Trademarks Registry within whose
territorial limits the principal place of business in
India of the applicant or in the case of the joint
applicants the principal places of business in India of
the applicant whose name is first mentioned in the
application as having a place of business in India, is
situate.
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4. The process provided that where the applicant or
any of the joint applicants does not carry on
business in India, the application shall be filed in
the office of the Trademarks Registry within
whose territorial limits the place mentioned in
the address for service in India as disclosed in
the application, is situate.
Subject to the provisions of this Act, the
Registrar may refuse the application or may
accept it absolutely or subject to such
amendments, modifications, conditions or
limitations, as he may thinks fit.
In the case of a refusal or conditional acceptance
of an application, the Registrar shall record in
writing the grounds for such refusal or
conditional acceptance in arriving at his
decision.
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6. Where, after the acceptance of an Trademark
application for process of registration of a
trademark but before its registration, the Registrar
is satisfied-
that the application has been accepted in error; or
that in the circumstances of the case
the trademark should not be registered or must be
registered with respect to conditions or limitations
or other certain cases which the process
of application has been accepted.
the Registrar may, after hearing the applicant if he
so desires, withdraw the acceptance and proceed
as if the application has not been accepted
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7. When an application for trademark registration has been
accepted whether absolutely or reference to conditions or
limitations, the Registrar shall, suddenly it may be after
acceptance, cause the application as accepted together with
the conditions or limitations, if any, subject to which it has
been accepted, to be advertised in the prescribed manner. The
process provided that the Registrar may cause the application
to be advertised before acceptance if its relates to
a trademark process to which sub-section(1) of section 9 and
sub-sections (1) and (2) of section 11 apply, or in any other
case where it appears to him that it is expedient by reason of
any exceptional circumstances so to do.
Where an application has been advertised before acceptance
under sub-section (1); or the application process has been
permitted to be amended under section 22, the Registrar may
in his discretion cause the application to be advertised again or
in any cause falling under clause (b) may, instead of causing
the application to be advertised again, notify in the prescribed
manner the correction or amendment made in the application.
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9. Any person may, within four months from the date of
the advertisement or re-advertisement of an
application for Trademark Registration, give notice in
writing in the prescribed manner and on payment of
such fee as may be prescribed, to the Registrar, of
opposition to the Trademark registration while the
registration process.
The Registrar shall serve a copy of the notice on the
applicant for trademark registration and, within the
specified time period of two months from the receipt
given by the applicant of such copy of the notice of
opposition, the applicant shall may transmit the
notice to the Registrar in the prescribed manner a
counter-statement of the grounds on which he relies
for his application, and if he does not do so he shall
be deemed to have abandoned his application.
If the applicant sends such detailed explanation or
counter-statement, the Registrar shall produce a copy
thereof on the person giving notice of opposition.
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10. An evidence or the supporting elements produced by which
the opponent and the applicant may rely shall be submitted
in the prescribed manner and within the prescribed time to
the Registrar, and the Registrar shall give opportunity to them
to be heard, if they so desire according to the registration
process.
The Registrar shall, after hearing the parties, if so required,
and considering the evidence, decide whether and subject to
what conditions and limitations, if any, the registration
process is to be permitted, and may take into account a
ground of objection whether relied upon by the opponent or
not.
Where a person giving notice of opposition or the applicant
sending a counter-statement after receipt of a copy of such
notice neither resides nor carries on business in India, the
Registrar may need him to produce the production for the
amounts of the proceedings before him, and in default of
such protection being duly produced, may treat the
opposition or application, as the case may be, as abandoned.
The Registrar may, on request, permit correction of any error
in, or any amendment of, a notice of opposition or a counter-
statement on such terms as according to the process.
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11. The Registrar may, on such terms as he thinks
just, at any time, whether before or after
acceptance of an application for trademark
registration process under section 18, permit
the correction of any error in or in connection
with the application or permit an amendment
of the application. The process provided that if
an amendment is made to a single application
referred to in sub-section(2) of section 18
involving division of such application into two or
more applications, the date of making of the
initial application shall be deemed to be the
date of making of the dividend applications so
dividend.
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13. Subject to the provisions of section 19, when an application for Trademark
Registrationhas been accepted and either the application has not been
opposed and the time for notice of opposition has expired; or the
application has been opposed and the trademark opposition has been
decided in favor of the applicant. The Registrar shall, unless the Central
Government otherwise directs, register the said trademark [within eighteen
months of the filing of the application] and the trademark when registered
shall be registered as the date of the making of the said application and the
date shall, subject to the provisions of section 154, be deemed to be the
date of trademark registration.
On the registration of a trademark, the registrar shall issue to the applicant
a certificate in the prescribed form of the trademark registration process
thereof, sealed with the seal of the Trademarks Registry.
Where the registration of a Trademark is not completed within twelve
months from the date of the application by reason of default on the part of
the applicant, the Registrar may produce the application as abandoned
unless it is completed within the time specified in that behalf in the notice.
The Registrar may amend the register or a certificate
of trademark registration for the purpose of correcting a clerical error or an
obvious mistake.
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14. Save as provided in sub-section(2), nothing in this Act
shall authorize the Registration of two or more
persons who use a trademark independently, or
propose so to use it, as joint proprietors thereof.
Where the relations between two or more persons
interested in a trademark process are such that no
one of them is entitled as between himself and the
other or others of them to use it except- on behalf of
both or all of them; or in relation to an article or
service with which both or all of them are connected
in the course of Trade, those persons may be
registered as joint proprietors of the trademark, and
this Act shall have effect in relation to any rights to
the use of the trademark vested in those persons as
if those rights had been vested in a single person.
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15. The Registration of a trademark, after the
commencement of this Act, shall be for s period
of ten years, but may be renewed from time to
time in accordance with the provisions of this
The Registrar shall, on the application made by
the registered proprietor of a trademark in the
prescribed manner and within the prescribed
period and subject to payment of the prescribed
fee as may mentioned in the process , and renew
the trademark registration for a period of ten
years from the date of expiration of the original
registration or of the last renewal process of
registration, as the case may be (which date is in
this section referred to as the expiration of the
last registration as per the registration process).
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17. At the prescribed time before the expiration of the last registration
process of a trademark, the Registrar shall send notice in the
prescribed manner to the registered proprietor of the date of
expiration and the conditions as to payment of fees and otherwise
upon which a renewal of trademark registration may be obtained,
and, if at the expiration of the time prescribed in that behalf those
conditions have not been duly complied with the Registrar may
remove the trademark from the register: The process provided that
the Register shall not remove the trademark from the register if an
applications is made in the prescribed form and the prescribed fee
and surcharge is paid within six months from the expiration of the
last registration of the trademark and shall renew the registration
of the trademark for a period of ten years under sub-section(2).
Where a trademark has been removed from the register for non-
payment of the prescribed fee, the Registrar shall, after six months
and within one year from the expiration of the last registration
process of trademark on receipt of an application in the prescribed
form and on payment of the prescribed fee, if satisfied that it is
just so to do, restore the trademark to the register and renew the
registration of the trademark either generally or subject to such
conditions or limitations as he thinks fit to impose, for a period of
ten years from the expiration of the last registration.
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18. Where a trademark has been removed from the
register for failure to pay the fee for renewal
process , it shall nevertheless, for the purpose of
any application for the registration of
another trademark during one year, next after
the date of the removal, be deemed to be
a trademark already on the register, unless
tribunal is satisfied either-
that there has been no bonafide trade use of
the trademark which has been removed during
the two years immediately preceding its
removal; or
that no deception or confusion would be likely to
arise from the use of the trademark which is the
subject of the application process for trademark
registration by reason of any previous use of
the trademark which has been removed.
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