Applications for registration of trade marks are to be filed in the prescribed manner, either in paper form or in an electronic form. Pursuant to sub-section (3) of section 6 which enables the maintenance of Register of Trade Marks wholly or partly on computer, the Register of Trade Marks is now being maintained only on computer in an electronic format. The detailed procedure for filing of trade mark applications is explained herein below:
Section 18(1) enacts that – “any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark.”
The provisions contained in rules 25 to 31 and 33 to 36 of the Trade Marks Rules, 2002 prescribe the procedure in this behalf. These are as follows:
Rule 25. Form and signing of application:- (1) An application to the Registrar for the registration of a trade mark shall be signed by the applicant or his agent. (2) An application to register a trade mark under sub-section (2) of section 154 for a specification of goods or services included in any one class shall be made in Form TM-1. (3) An application to register a trade mark under sub-section (2) of section 154 for a specification of goods or services included in any one class from a convention country shall be made in Form TM-2. (4) A single application for the registration of a trade mark for different classes of goods or services from convention country under sub-section (2) of section 154 shall be made in Form TM-52.
(5) An application to register a textile trade mark (other than a collective mark or a certification trade mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods included in one item of the Fifth Schedule under rule 145 shall be made in Form TM-22. (6) An application to register of a textile trade mark other than a collective mark or a certification trade mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods included in one item of the Fifth Schedule under rule 145 from a convention country under sub-section (2) of section 154 shall be made in form TM-45. (7) (a) An application under section 63(1) to register a collective trade mark for a specification of goods or services in any one class shall be made in Form TM-3.
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