Registration Of Trademark In India
The process for registration of trademark in India is provided under chapter 3 of The Trade Mark Act 1999 . The registration starts with the filing an application for registration of trademark under section 18 of the act.
A person claiming to be the proprietor of a trade mark ,which is either in usage or is proposed to be used, may apply for the registration with the trade mark Registrar .
Application For Registration of Trademark
This applicant has to file an application with the trade marks registry, within whose territorial limits lies the principal place of business of the applicant in India.
The trademark application has to specify the the class of the goods or services according to the international system of classification of goods or according to the alphabetical index of classification published by the registrar in accordance with section 8.
A single application can be filed for registration of a trade mark under various classes of goods or servcies.
The trademark registrar may refuse or accept it absolutely or subject to such an amendments, modifications, conditions or limitations, if any, as he may deem fit.
The grounds for refusal or conditional acceptance of the application for registration of trademark in India have to be recorded in writing by the registrar.
Section 9 and 11 of Trade Mark Act 1999 has provisions for the absolute and relative grounds for refusal of a trademark application respectively.
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