Public Notice Regarding Information to be furnished clearly in the Trade Mark Application(s) for Proper Trademark Prosecution of Indian Trademark Applications by Controller General of Patents, Designs and Trade Mark
The Controller General of Patents, Designs and Trademarks has issued a Public Notice dated 9th January, 2012 inviting the attention of Trademark Applicants and/or Applicant’s Trademark Agents in India regarding proper information to be furnished clearly while filing Trade Mark Application at the Indian Trademark Registries.
Currently, the Indian Trade Mark Registries are receiving Trademark Applications with lot of deficiencies which subsequently makes the Prosecution of Trademark Application(s) in India difficult and time consuming.
The Indian Trademark Application(s) which are deficient in one or more of the following points will not be processed by the Indian Trade Mark Registries for prosecution unless atleast the following information is provided in the correct format in the trademark application(s).
1. Description of Goods / Services:
The Controller General of Patents, Designs and Trademarks has notified that actual and factual description of Goods/Services in respect of which the trademark is proposed to be used or has been used should be mentioned in the trademark filing application.
Subsequently, it is recommended that the trademark applicant should refer to the Nice Classification for properly mentioning details about description of Goods/ Services in respect of which the trademark is proposed to be used in India or has been used in India in each class.
However, terms generally used in the current trademark application(s) like “all goods/ services”, “etc”, “all other goods/ services included in class ” , “goods/services not limited to ” shall not be entertained by the Indian Trade Mark Registries. The trademark application(s) mentioning the above terms shall not be processed by the Indian Trade Mark Registries
2. Trademark Applicant(s) Name in the trademark application(s):
The Controller General has notified that Applicant(s) Name in the trademark application(s) should be written in the following format as stated below.
- Proprietorship firm – Names of one or more proprietors
- Partnership Firm- Names of all partners
- Trust-Name of managing trustee
- Society- Name of person representing the society
3. Date of Usage of Trademark / Service Mark:
The Controller General has notified that actual date of usage of Trade Mark / Service Mark in India should be mentioned while filing the trademark application(s). The trademark application should specify the actual date, month and the year of the usage of Trade Mark / Service Mark in India. The trademark application(s) specifying just the year and the month won’t suffice the purpose and shall not be processed by the Indian Trade Mark Registries.
4. Proper Translation/Transliteration:
The Controller General has notified that all Non-English and Hindi characters appearing in the trade mark/ logo of the trademark application(s) should be provided and submitted by way of translation/ transliteration along with the trademark application(s).
5. Trademark Brand Logo / Mark Visibility in the trademark application(s) :
The Controller General has notified that the Trademark / Service Mark Application(s) should have clearly visible Trademark Brand Logo / Mark.
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