Do you want to know about the trademark registry and how it is operated?

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Do you want to know about the trademark registry
and how it is operated?
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Trademark Registry

• Trademark registry was established in the year
  1940 in India and it administers by the
  trademarks act, 1999 and the rules made
  thereunder.
• It acts as information and a resource centre and
  it is a facilitator regarding to trademarks in a
  country.

http//www.trademarkconsultants.in/
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Objectives of trademark registry
The objectives of trade marks act is to register
the mark which is applied in a country and to
provide the legal protection of business marks
for both goods and services and mainly it is used
to prevent the fraudulent use of the mark. As per
the provision of the trademarks act and rules the
trademark registry will taken into consideration
for registering the mark which should be a
qualified one. This is the most important step of
registry.
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Madrid protocol

• It is the one which is specifically used for
  international registration of trademarks.
  Trademark registry act as an office of origin
  with respect of applications which is made by the
  Indian entrepreneurs for international
  registration of the mark and also it is an office
  for the designated contracting party with regards
  to international registration which clearly
  indicates India has been designated to protect
  the relevant marks.
• The trademark registry head office is located at
  Mumbai and the branch offices are at Chennai,
  Ahmedabad, Delhi, and Kolkata. The functions
  which are related to international registration
  under the Madrid protocol, international
  registration wing has been set up in the
  trademark registry head office at Mumbai.

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Madrid protocol
The registry holds some other responsibilities, it
need to discharge functions like offering
preliminary advice as to register and it enables
search to be made under section 45(1) of the
copyright act, 1957 to the effect that there
should not be any trademark similarity or
deceptively similar to some artistic works which
are sought to be registered as a copyright, has
been registered as a trademark.
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Madrid protocol

• Providing necessary, relevant information and the
  guidelines to the public about the trademarks.
  The updated rules and regulations are mentioned
  in their site in order to aware the public. The
  information will be provided to the government
  agencies including central excise personnel,
  police, public grievance re dressed, generating
  annual statistical report, maintaining the top
  class IP library, production of official
  trademarks journal in the form of electronic and
  submit an annual report to parliament.
• The controller general who is in patent, design
  and trademark heads to the registry offices and
  do the function as same like trademark
  registrar. He may assign the functions of the
  trademark registrar to other officers who are
  appointed by the central government .Those
  officers can function as like the registrar in
  respect to the roles assigned to them.

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Trademark Registry and its functions
Currently, the functions of the trademark
registry are performed by an automated trademark
system. The centralised server of trademark
registry is at intellectual property office (IPO)
building which is in Delhi and Disaster Recovery
Centre (DRC) is at Mumbai IPO. The main server in
Delhi has the connection of all the branches of
the trademark registry with the Virtual Private
Network (VPN). All the functions and the actions
which are done by the office staffs will be
recorded in the central server.
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What are the steps involved at administration for
registering a trademark?
The very initial step is to submit the
application for registration of trademarks which
has to be received either at the head or branch
office of the trademark registry. The registry
should be in the territorial place where the
business place of the applicant is located. The
formality checking and digitisation of the
application is done at the respective offices.
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What are the steps involved at administration for
registering a trademark?
After that the application will be scrutinised in
order to identify whether it is a distinguishing
mark of goods or services, whether the
application is prohibited for registration, or if
the registration of the particular marks is
likely to induce any similarity or deception of
the existing mark. Even if the application been
submitted at the branch registry, the examination
of the applications is carried out in the
centralised head office of the trademarks which
is situated at Mumbai. The evidence of use or
uniqueness defines and decides whether to do the
further registration or not when the application
is under consideration by the registrar.
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What are the steps involved at administration for
registering a trademark?
Once the application got accepted at the
registry, they will publish the same on the
trademark journal, an official gazette. The
information used to host on official website for
every week. Within the period of four months from
the date of publication, any person can file an
opposition on the trademark. In this kind of
cases, the opposition proceedings will be
conducted at the respective offices of the
trademark registry. In the process of opposition,
the copy of the opposition notice will be served
to the applicant. He is the one who should file a
counter statement within the period of two
months.
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What are the steps involved at administration for
registering a trademark?
If he fails to file a counter statement, then the
application got abandoned. The copy of the
counter statement will be sent to the defendant
as evidence by the way of affidavit. In the same
way the opponent also files evidence by way of
rebuttal. On completing the evidence procedures,
the matters will bring on to the hearing officers
who are the deciding authority of this issue. The
decision of the registrars is appealable to the
Intellectual property appellate board.
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