The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country.
The objective of the Trade Marks Act, 1999 is to register trade marks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark.
In recent, it has come to the notice of the department that the Trade Mark applications received are having ample of deficiencies, thus in order to prevent the applicants / applicant’s agent from such a practice they are expected to provide atleast the following information along with appropriate presentation of the same in the application:
1. Actual description of Goods / Services in respect of which the trade mark is proposed to be used or has been used should be mentioned and terms like “all goods/ services”, “etc”, “all other goods/ services included in class…”, ” goods/ services not limited to…..” shall not be entertained.
2. The names of proprietors in case of proprietorship firm, the names of all partners in case of partnership firm, name of managing trustee in case of Trust and name of person representing the society in case of Society should be mentioned.
3.In case of ‘ User’ of the trade mark the actual date, month and the year should be given and not just the year and/ or the month.
4. Proper translation/ transliteration of the trade mark should be provided in case of Non- English/ Hindi characters appearing in the mark.
5. The trade mark should be clearly visible.
In another notice, the department has raised a point with regard to the cheques submitted to different offices of the Trade Marks Registry as fees for request for expedited legal certificate TM- 70 and request for expedited certificate for copyright purpose under Rule 24(3) TM- 72 which have bounced and information to this effect is received from the concerned Banks after these requests are processed.
General public is hereby informed that the fees in respect of TM- 70 and TM- 72 shall be accepted in the appropriate office of the Trade Marks Registry only by way of demand draft issued in favour of Registrar of Trade Marks or by cash.
To read the Public Notice refer the link given below: