Understanding Trademark Applications in India
Section 18 of the Trademark Act, 1999 provides for application for registration of trademarks in India and enunciates that for registration of a trademark, an application is to be made to the Registrar and a single application can be made for registration of a trademark for different classes of goods and services by paying prescribed fee for each such class of goods and services.
Trademark applications in India can be filed under the following categories –
- Ordinary Trademark Application
- Multiclass Trademark Application
- Convention/Priority Trademark Application (claiming priority from a convention country)
Ordinary Trademark Application:
An ordinary trademark application refers to an application filed for a single class of goods or services. An ordinary application can be made in FORM TM-A along with the prescribed fee as mentioned in the Trademark Rules, 2017.
Multi-class Trademark Application:
A multiclass trademark application refers to an application filed for more than one classes of goods or services. A multiclass trademark application can be made in FORM TM-A which provides for filing of single application for different classes of goods or services (other than a certification or a collective trademark).
Multi-class trademark application consisting of more than one class of goods / services in one application can be filed in India. As per Section 18 (2) a single application may be made for registration of a trade mark for different classes of goods and services and fee payable therefor shall be in respect of each such class of goods or services.
Convention/Priority Trademark Application:
A Convention Trademark Application refers to an application for registration of a trademark claiming priority from a convention country. Section 154 of the Trademark Act embodies special provisions relating to applications for registration from citizens of convention countries. According to the said statutory provision – where a person has made an application for registration of a trademark in a convention country and thereafter, makes an application for registration of the said trademark in India within six months from the date of application made in the convention country, then the mark if registered shall be registered as of the date on which the application was made in the convention country.
A convention trademark application can be made for a single class of goods or services or for multiple classes of goods or services on FORM TM – A.
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in India within six months of after the date on which the application was made in the Convention Countries. The trademark shall, if registered under the Act, will be registered as of the date as which the application was made in the Convention Country and that date shall be deemed for the purpose of the Act to be the date of registration.
Apart from the aforesaid categories of trademark applications in India, the Indian Trademark Law also provides for registration of series trademark, collective trademarks and certification trademarks.
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