The trademark registration application procedure for the duration of the registration mark. Where the proprietor of a trademark of any person claiming to use or proposed to be used by him. The registration of his trademark is writing to the registrar in the prescribed manner to apply for registering who is desirous.
The trademark registration is made in a single application for various classes of goods or services. In respect of goods or services of each such class shall be there for a fee payable.
Under subsection (1) of every application shall be filed in the trademark registry office within whose territorial limits in the principal places in Chennai. In the case of the applicant or joint applicants of the principal place of business in Chennai. In the application whose name is first mentioned as having a business place in India.
The applicant to provide that or any of the joint applicants do not give on business in Chennai. The applicant shall be filed in the application in the office of the trademark registry. The territorial limits of the place are mentioned in the address for service in India as published in the application.
The subject of provision of this act may the registrar shall refuse the application. The registrar may accept it actually or subject to such adjustments, changes , limitations or conditions. If any he may think of it.
The application in the case of conditional acceptance or refusal to the registered trademarks.The grounds for such refusal shall record by the registrar. The materials and the conditional acceptance used by him in reaching at his result.
Trademark registration effect of parts of mark
1.When a trademark consists of several matters for its registration. The proprietor shall confer an absolute right to the use of trademark registration is taken as whole.2.Notwithstanding anything contained in sub section(1), when a trademark is
(a)Contains any part of :
(i)A separate application of the proprietor has not the subject to registration as a trademark or(ii)It is not separately registered by the proprietor as a trademark or
(b)Which is common in any matter continues to the trade. It is a non distinctive character. The registration in Chennai shall not advise any absolute right in the element forming only a part of the perfect registered trademark so.