Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney, period of use of the mark and signature. The application should be in English or Hindi. It should be filed at th appropriate office.
It is provided under the Trade Marks Act, 1999 that goods and services are classified according to the International Classification of goods and services. Currently schedule IV of the Act provides a summary of list of such goods and services falling in different classes which is merely indicative. The Registrar is the final authority in the detefmination of the class in which particular goods or services fall. The Schedule IV of the Act is annexed at the end of this questionnaire on trade marks. For detailed description of other goods and services please refer to the International Classification published by WIPO or contact the local office for assistance.
The Regd.Proprietor: The Regd.Proprietor of a trade mark can stop other traders from unlawfully using his trade mark, sue for damages and secure destruction of infringing goods and or labels.
The Government: The Trade Marks Registry is expected to earn a revenue of nearly Rs.40 crores during the current year and which is perpetually on the rise.
The Legal professionals: The Trade Marks Registration system is driven by professionals and legal and para legal advisors(Agents) who act for the clients in the processing of the trade marks application.
The Purchaser and ultimately Consumers of trade marks goods and services.
The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other
For filing new applications there are prescribed Forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc.
(Providing details of entries in the Register) Fees:Rs.500/-
Official search request (Form TM-54). Fees:Rs.500/-
Preliminary advise of the Registrar as to the registrability of a mark (Form TM-55).Fees: Rs.500/-
Copyright search request and issuance of certificate (Form TM-60) Fees: Rs,5,000/-
Yes. But the basic principle is that the trade mark applied for should not be substantially altered affecting its identity. Subject to this changes are pefmissible according to rules detailed in the subordinate legislation.
The Trade Marks Registry (TMR) will receive and process applications for the registration of trade marks under the Trade Marks Act, 1999 in an efficient and user friendly manner. The single most important mission is to reach out, listen and solve public grievance across the table and as quickly as possible. The office will aim to provide qualitative services relating to search, examination, e-publication and post-registration activities.
The office will adopt a fair, impartial, responsive, prompt and same day disposal of cases approach (wherever possible) in the handling of complaint received by it.
The office will instal and implement a transparent and user-friendly automation systems that will respond positively to the needs of users.
The Trade Marks Registry will provide professional guidance to applicants/users shorn of all legal jargons.
The office will adhere to a time bound processes in the handling of cases. It will channelise its internal synergy to deliver results with promptitude.
Feed back on the working of the office will be welcomed where it is made in a constructive manner and efforts made to incorporate suggestions in improving the functioning of the office:
Trade Marks Registry, Mumbai (Head Office)
Intellectual Property Bhavan, Near Antop Hill Head Post Office,
S.M. Road , Antop Hill, Mumbai 400037
Tel: 022-2410 1144, 24101177, 24148251, 24112211
Fax: 24120808, 24132295
Jurisdiction: State of Maharashtra, Madhya Pradesh and Goa
Trade Marks Registry, Delhi
Intellectual Property Bhavan, Plot NO.32, Section 14, Dwarka, Delhi
Tel. 011-28082915/ 16/17 Fax:
Jurisdiction: State of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Union Territory of Delhi and Chandigarh
Trade Marks Registry, Kolkata,
CP-2, Sector V, 5th floor, I.P.Bhavan, Salt Lake,
Jurisdiction: State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim , Tripura and Union Territory of Nagaland, Andamar & Nicobar Island.
Trade Marks Registry, Ahmedabad,
15/27 National Chambers, 1st floor,
Jurisdiction: The state of Gujarat and Rajasthan and Union Territory of Damman, Diu, Dadra and Nagar Haveli
Trade Marks Registry, Chennai
IP building, GST Road, Guindy
Tele: 044-22502041, Fax : 044-22502042
Jurisdiction: The state of Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and Union Territory of Pondicherry and Lakshadweep Island.
Note : Infringement suits/court matters are not included in this matter.
Above mentioned costs includes cost of all the following Govt. procedures ( as applicable) .
You need to fill our simple online trademark application form & submit documents.
To make sure that unique logo name filed is available or not, Trademark Search is executed by experts.
1 WORKING DAY
Depending on nature of your products, we shall suggest the appropriate class of the 45 classes
1 WORKING DAY
We create your Trademark application in 3 days and get your TM number
2 WORKING DAY
Your trademark is registered in 1.5 2 years if no competitor objects to your trademark application