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PROTECTION OF TRADEMARKS
IN INDIA
‘Trade Mark’ – Definition under the Trade Marks Act 1999
• The registered proprietor may assign or license the trademark as any other
property
• The registered proprietor can enjoy the Goodwill associated with registered
trademark forever, if the mark is renewed from time to time
Registering the trademark in India
In case you want to register and protect your trademark within the territory of India,
you must register it with the Registrar of trademarks in Indian Trade Marks Registry
The Controller General of Patents, Designs and Trade Marks is the Registrar of
trademarks
The proprietorship over trademark can not be registered with Registrar of properties.
The Central Server of TMR is at Intellectual Property Office (IPO) Building in Delhi and
back up server is at IPO, Mumbai.
All branches of the TMR are connected with the Central Server through the Virtual
Private Network (VPN).
All the actions done by the office staff through the TMS is recorded in the Central Server
on real time basis.
Administrative set up
GOVERNMENT OF INDIA
[In the proposed revised rules there will be only one form for
all types of applications for registration of trademarks.]
Classification of goods and services
[S. 7 (1) of the Trade Marks Act 1999 and Rule 22 of the Trade
Marks Rules 2002]
Every application for registration of trademark is filed in the office of the Trade
Marks Registry within whose territorial limits the principal place of business in India
of the applicant is situate:
Provided that where the applicant does not carry on business in
India, the application shall be filed in the office of the Trade Marks Registry within
whose territorial limits the place mentioned in the address for service in India as
disclosed in the application, is situate.
[Section 18(3) of the Trade Marks Act 1999]
The application can also be filed online but the appropriate office is still to be
selected