PROCEDURE FOR REGISTRATION OF A TRADE MARK
Application
Any person claiming to be the proprietor of a mark used or proposed to be used by him, may apply in the prescribed form alongwith the prescribed fees to the Registrar for registration of the mark in Part A or Part B of the register. When the applicant carries on business in India, the application shall be made to the Registrar within whose territorial Jurisdiction the principal place of business is situate. Where the applicant does not carry on business in India, the application shall be made in the office of the Registrar within whose territorial jurisdiction the place mentioned in the address for service in India as disclosed in the application is situate.
The application is scrutinized by the Registrar and is either accepted or rejected. If accepted, the application is advertised in the Trade Mark journal.
Opposition to Registration
Any person may, within 3 months from the date of advertisement or such further period (not exceeding 1 month) as the Registrar may, on am application and payment of prescribed fees, permit, give notice in writing in the prescribed manner to the Registrar of opposition to the registration. A copy is served on the Applicant who can file his counter on the Applicant who can file his Counter Statement within 2 months, copy whereof is also served on the opponent. Evidence, if any, may be filed in the prescribed manner. The registrar after hearing the parties and considering the evidence, decides whether to permit the registration or not.
Registration
Where the mark has not been opposed and the time for notice of opposition has elapsed or the application has been opposed and the opposition has been rejected in favor of the applicant, the mark will proceed for registration. The registration shall relate back to the date of the application. On registration the Registrar issues a certificate to the applicant bearing the seal of the Registry.
Duration of the Registration
The registration of a trade mark shall be for a period of 7 years and con be renewed from time to time by making an application and on payment of the prescribed fees. The renewal will be for a period of 7 years from the date of expiration of the original registration or last renewal. If the mark is not renewed it will be removed from the register. Where it has been removed, the Registrar may on an application made within 1 year from the expiration of the registration or last renewal, restore the mark and renew it for a period of 7 years from the expiration of the registration or last renewal.