Conditions for Trademarks Registration in Cochin
Registrar of Trademarks
The central Government may appoint a person for the designation of Controller General of Patents, Designs, and Trademark as per the notification in the Official Gazette. The appointed person is the Registrar of Trademarks for registration of trademarks. The Central Government may appoint such officers with such designation as it thinks fit for the purpose of discharging, under the superintendence and director of the Registrar, such functions of the Registrar under this Act as he may from time to time authorize them to discharge.
For Trademark Registration, A central Government established the registry is called Trademarks Registry. For the purpose of the Trademark registration in various states, the Trademarks Registry is located in 5 major cities in India. Each Registry has its territorial jurisdiction. They are Mumbai, Chennai, Kolkata, Ahmadabad, and New Delhi. Initially, the Head office is located at Mumbai and the purpose of fast registration processes; it had 5 branch offices across India. The Central Government mentioned the territorial limits of each Trademarks Registry. The Central Government also provides separate seal for each Trademarks Registry. All the Trademarks Registry performs as per the Rules and Regulations of Trademarks Act, 1999.
Register of Trademarks
Each Trademarks Registry maintains the Register for registering the Trademark details. The Register of Trademarks carries all the registered Trademarks, Trademark application, it proprietor names, addresses, date of registration, date of application filing, registration date, and also the expiration date, the authorized company name. Also it prescribes the notification of assignments and transmission, disclaimers, conditions, limitations and the application number as well. As simply said, it is the record of the Trademarks Registry and which should be kept in head office of the Trademarks Registry. The branch offices carry the copy of this Trademark register and other documents mentioned in Section 125 of the Trademarks Act, 1999. The Register of Trademarks should be maintained by the Registrar of Trademarks as per the direction of the Central Government. According to the technological developments, the register of trademarks has soft copy in the form of floppies, CD drives, and official portal for the purpose of pubic reference. But the control of Trademarks Register is carried by the Registrar of Trademarks.
Part A and Part B of the Register
The Register of Trademarks has two sections as per section 6 of the trademarks Act, 1999. Obviously the two sections called Part A and Part B of the Trademark Register. Some Trademarks existing before the commencement of the Act, 1999. Those previous trademarks and its details are maintained in part A of the Register. Part B of the Register of Trademarks shall comprise all trademarks which after the commencement of the Trademarks Act, 1999.
Classes of Trademarks
There are 45 trademark classes in Indian Trademark Registry. The classes are classified according to their goods and services prescribed. A trademark has been registered under any or all of the classes according to their field of services. The classes 1 to 34 are mentioned the goods you manufactured or sold for the public. The classes 35 to 45 mentioned the services you provide for the people to improve their businesses. If any clarification needed about class description, the Registrar’s decision is taken as the final.
Requisites for registration in Parts A and Part B of the Register
A trademark shall not be registered if the mark have the following characteristics:
- name of the company which may be already existing or proposed one in MCA (Ministry of Corporate Affairs;
- Processer’s signature or the applicant’s signature of the esteemed organization;
- One or more invented words;
- Words which contain the direct representation of the religion, caste, tribe, sect in India;
- Any other distinctive words;
- General names
- In determining whether a trademark is distinctive or is inherently capable of distinguishing as aforesaid, the tribunal may have regard to the extent to which-a trademark is inherently distinctive or is inherently capable of distinguishing as aforesaid; and by reason of the use of the trademark or of any other circumstances, the trademark is in fact so adopted to distinguish or is in fact capable of distinguishing as aforesaid.
- Subject to the other provisions of this section, a trademark in respect of any goods-registered in Part A of the register may be registered in Part B of the register and registered in Part B of the register may be register in Part A of the register in the name of the same proprietor of the same trademark or any part or parts thereof.
Limitation as to color
The trademark registry allowed the trademark registration, if it contains one or more specified colors. This color limitation is done by partly or wholly of the trademark. The color limitation is considered by the Tribunal having to decide on the distinctive character of the trademark. So far as a trademark is registered without limitation of color, it shall be deemed to be registered for all colors.
Prohibition of registration of certain marks
- The use of which would be likely to deceive or cause confusion; or
- The use of which would be contrary to any law for the time being in force ; or
- Which comprises or contains scandalous or absence matter; or
- Which comprises or contains any factor which hurts any religion people in India;
- Which would otherwise be disentitled to protection in a court shall not be registered as a trademark by the Trademark Registry.
Prohibition of registration of identical or deceptively similar trademarks
Save as provided in sub-section (3), no trademark shall be registered in respect of any goods or description of goods which is identical with or deceptively similar to a trademark which is already registered in the name of a different proprietor in respect of the same goods or description of goods.
Where separate applications are made by different persons to be registered as proprietors respectively of trademarks which are identical or nearly reassemble each other in respect of the same goods, the Registrar may defer the acceptance of the application or applications bearing a later date until after the determination of the proceedings in respect of the earlier application, and may dispose of such application or applications in the light of the evidence tendered in relation to earlier application and the oppositions thereto, if any. In case of honest concurrent use or of other special circumstances which in the opinion of the Registrar, make it proper so to do, he may permit the trademark registration by more than one proprietor of trademarks which are identical or nearly resemble each other (whether any such trademark is already registered or not) in respect of the same goods or description of goods, subject to such conditions and limitations, if any, as the Registrar may think fit to impose.
Prohibition of registration of names of chemical elements
No word which is the commonly used and accepted name of any single chemical element or single chemical compound shall be registered as a trademark in respect of a chemical substances or preparation and any such trademark registration, notwithstanding anything in section 32, be deemed for the purposes of section 56 to be an entry made in the register without sufficient cause or an entry wrongly remaining on the register, as the circumstances may require. This section shall not apply to a word which is used to denote only a brand or make of the element or compound as made by the proprietor or a registered user of the trademark, as distinguished from the element or compound as made by others, and in association with a suitable name or description open to the public use.
Use of names and representations of living persons or recently dead persons
Where an application is made for the trademark registration which falsely suggests a connection with any living person or a person whose death took place within twenty years prior to the date of application for registration of trademark, the Registrar may, before he proceeds with the application, require the applicant to furnish him with the consent in writing of such living person or, as the case may be, of legal representative of the deceased person to the connection appearing on the trademark, and may refuse to proceed with the application unless the applicant furnishes the Registrar with such consent.
Registration of trademarks as associated trademarks
Where a trademark which is registered, or is the subject of an application for trademark registration, in respect of any goods is identical with another trademark which is registered, or is the subject of an application for registration, in the name of the same proprietor in respect of the same goods or description of goods or so nearly resembles it as to be likely to deceive or cause confusion if used by a person other than the proprietor, the Registrar may, at any time, require that the trademarks shall be entered on the register as associated trademark. Where a trademark and any part thereof are, in accordance with the provisions of sub-section (1) of section 15, registered as separate trademarks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trademark. All the trademarks registered in accordance with the provisions of sub-section 15 as a series in one registration shall be deemed to be, and shall be registered as, associated trademark. On application made in the prescribed manner by the registered proprietor of two or more trademarks registered as associated trademarks, the Registrar may dissolve the association as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trademark were used by the other person in relation to any of the goods in respect of which it is registered, and may amend the registrar accordingly.
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