The Trademarks Act, 1999 governs the law relating to registration, renewal, assignment, etc. of trademarks. A Trademark is a device used to distinguish a particular goods or services from that of the other goods or services. It may be in the form of, inter alia, logos or a combination of words. The proprietor of a trademark obtains the trademark to prevent players in the market from selling the goods or services as the goods of the proprietor and to prevent other market players from deceiving/confusing the consumers of the goods or service.
The Trade Marks Registry carries out the functions provided under the Trademarks Act. The Trade Mark Registry has a Registrar of trademarks for carrying out the functions laid down under the Act. For the purpose of registration, a book called the Register of Trade Marks is kept at the Trade Marks Registry for the purpose of keeping records of the registered trademarks and other allied details.
Application shall be made to the Registrar in writing by any person claiming to be a proprietor for registering the trademark. The application shall be made to the Registry within whose territorial jurisdiction the applicant carries on business in India, and in case of joint applicants, whose name is mentioned first in the application. In case the applicant does not carry on business within India, then application shall be made to the Registry within whose territorial limits the place mentioned in the address for services in India is located.
A trademark shall be registered if it satisfies the conditions provided for a particular class in the case of goods and services. The register of trademark shall classify goods and service as per the international classification called NICE classification, as far as possible. Any doubts arising in terms of satisfaction of conditions or the class in which the goods/services are to be put under shall be decided finally by the Registrar.
Once the application is accepted with or without conditions then it shall be advertised in the prescribed manner. In case of error or amendments, the application may be caused to advertise again by the Registrar.