Brand Registration in Salem
Acknowledgement of the Brand Registration Application - Every application for the Brand registration of a trademark in respect of any goods or services shall be acknowledged by giving a system generated electronic receipt or sending such receipt to the e-mail address provided for the purpose.
Examination, Objection to acceptance, hearing.— (1) The Brand Registration in Salem shall cause the application to be examined as per provisions of the Act, wherein a search shall also be conducted amongst the earlier trademark Brands, registered or applied for registration, for the purpose of ascertaining whether there are on record in respect of the same goods or services or similar goods or services any Brand Registration in Salem identical with or deceptively similar to the trademark applied for. The Brand Registration in Salem may cause the re-examination of the application including re-search of earlier trademarks at any time before the acceptance of the application but shall not be bound to do so.
In case of an enterprise engaged in the manufacture or production of goods, an enterprise where the investment in plant and machinery does not exceed the limit specified for a medium enterprise under clause (a) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); and
In case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than the limit specified for a medium enterprise under clause (b) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006.
Explanation: “enterprise” means an industrial undertakings or a business concern or any other establishment, by whatever name called, engaged in the manufacture or production of goods in any manner pertain to any industry specified in the first schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951) or engages in providing or rendering or any services or services in such an industry.
In the event of a remote venture, an endeavor which satisfies the prerequisites as referenced in provisos (I) and (ii) above.
Clarification: In figuring the interest in the plant and apparatus, reference paces of outside cash of Reserve Bank of India will win.
"particular" signifies the assignment of merchandise or administrations in regard of which a trademark or an enrolled client of a trademark is enlisted or proposed to be enrolled;
"Startup" signifies a substance in India perceived as a startup by the skillful authority under Startup India activity,
If there should be an occurrence of a remote element, a substance satisfying the criteria for turnover and time of consolidation/enlistment according to Startup India Initiative and submitting affirmation with that impact.
Clarification: In computing the turnover, reference paces of remote money of Reserve Bank of India will win.
Every single other word and articulations utilized yet not characterized in these principles however characterized in the Act or in the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), the Copyright Act, 1957 (14 of 1957) will have the implications allocated to them in those
(2) In these guidelines, with the exception of as in any case showed, a reference to an area is a reference to that segment in the Act, a reference to a standard is a reference to that standard in these principles, a reference to a Schedule is a reference to that Schedule to these principles and a reference to a Form is a reference to that Form contained in the Second Schedule or the Third Schedule, all things considered, to these standards.
(1) Any document required to be signed under the Act and the Rules shall be signed by the applicant or opponent or by a person duly authorised for the purpose.
Signatures to any documents shall be accompanied by the name of the signatory in Hindi or in capital letters, in English.
In case of online filing of the document, the expression ‘Signing’ includes digital signature.
Service of documents. — (1) All applications, notices, statements, papers having representations affixed thereto, or other documents authorised or required by the Act or the rules made thereunder, served, left or sent, at or to the Trade Marks Registry or with or to the Registrar or any other person may be delivered by hand or sent through the post by a prepaid letter or may be submitted electronically in the manner as laid down by the Registrar.
An application or any document so sent shall be deemed to have been made, served, left or sent at the time when the letter containing the same would be delivered in the ordinary course of post.
In proving such sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.
After the filing of an application in the Trademarks Registry, any person while making any correspondence relating thereto shall furnish the following particulars, namely:—
the application number or numbers, if any;
the date and place of filing;
the appropriate class or classes, as the case may be, in relation to which the application is filed;
an address for communication; and
the concerned agent's code, if any, and the concerned Proprietor's code, if allotted.
The Registrar after informing the public in the Journal may accept applications, notices, statements, or other documents online through the gateway provided for this purpose, or in case of documents not requiring the payment of a fee, through e-mail to a designated email address for the purpose.
Particulars of address etc. of applicants and other persons.— (1) Names and addresses of the applicants and other persons shall be given in full, together with their nationality, and such other particulars as may be necessary for identification.
In the case of a partnership firm, the full name and nationality of every partner thereof shall be given.
In the case of an application from a convention country and persons having no principal place of business in India, their addresses in their home country shall be given in addition to their address for service in India.
In the case of a body corporate or firm, the country of incorporation or the nature of registration, if any, as the case may be, shall be given.
