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Trademark registration existing in respect of reclassification

Trademark registration existing 


Trademark registration existing of reclassification

  • A trademark may handle to the registrar in form TM-40 of a registered proprietor for the modification of the statement relating to his trademark registration existing as to bring that specification into conformity with the modified designation.
  • The specification in respect of any registered users shall include a request for the conversion of an application include under that registration.The registered proprietor shall provide a copy of the application for the registered users of the trademark.
  • The registrar to declare in writing to the registered proprietor and to the registered users. A proposal showing the form which is viewed by the registrar and the change of the register should take in result of the proposed conversion.
  • Where two or more trademark registration existing the same data and in regard of goods or services which fall within the same class under the changed or substituted classification may be combined upon conversion to following with this rule.
  • The sub-rule (2) of the proposal referred and it to be advertised in the journal.
  • The Form TM-41 notice of opposition to such proposal shall be given in triplicate within months from the date of the advertisement. The aggregate of such period within one month is not exceeded and shall be followed by a statement in triplicate showing how the provisions of sub-section (1) of section 60 of the proposed changes would break.
  • Under the registration of trademark any registered users there in question.For such notice and statement shall also be followed by as many copies thereof as there are trademark registered users.
  • The registered users within two months send an each copy of the notices and the report to the registered proprietor and to each registered user. The receipt of such copies within two months from the registered proprietor may deliver to the registrar in Form TM-6. A retort in triplicate setting is fully out on the ground on which the opposition is challenged.
  • If the registered proprietor assigns such counterstatement the registrar shall serve a copy thereof on the notice of resistance giving the person within two months. The further procedure for the removal of the opposition shall be regulated by the provisions of the registration rules.
  • If there is no objection within the time specified in sub rule (4) or in case of opposition of the conversion of the statement is allowed.The proposal as allowed shall be advertised in the journal and all the required entries shall be made in the register trademark.
  • The register shall be reported at in the date of such entries are made. Any entry made in the register in response of the renewal of registration in Chennai shall not affect in this sub-rule.The section 25 of the conversion before allowing in the same manner which shall be determined.


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