Trade mark
application can be filed for a mark which is
in " USE " or " PROPOSED
TO BE USED".It is considered as an
inseparable part of the goodwill of the
business and is being considered as " Movable
Property " .
The Proprietor
or Director or Managing Partner should authorize
your attorney or agent under Form TM-48
to appear before the Registrar on behalf of
the firm / Company .It would be on Non-Judicial
Stamp paper. If you authorize in Form -TM-48,
the attorney or agent is entitled to
sign in all papers to be filed for
registration except affidavit.
You have to
furnish the FIRST DATE from which the
mark is being continuously used. This you
can Verify from your first sales invoice.
Furnish the
name of proprietor or name of all partners
in the Firm and address of the Firm or Company. If
it is a Private/Public Limited Company
,please furnish the Memorandum and Articles
of association.
You have to
furnish 20 labels of your mark ,if such mark
contains any lettering style or logo or
device or label, it should be in small size other-wise
please furnish the "word " itself.
Labels should be mounted upon the Form-TM-1
in triplicate and on ten
additional representations.
Furnish the
specification of goods to which the mark is
applicable.
After filing ,computerized
application number will be allotted to your
mark within FORTY DAYS from the date of
filing application. Then you have to pass on
the following three stages during the period
of four to five years or to some extent.
(1)Examination stage.
(2)Enquiry stage by
Registrar.
(3)Advertisement stage - TRADE MARKS
JOURNAL
(4)Opposition stage. if
any
8. While pending ,you can use your
trade mark as you like.' User ' is very
important in trade marks. You will gain
goodwill because of the continuous use of your
mark. For better protection , you have to get
registration of your trade mark.
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