Trademark Registration in Chennai
Where an application is made for the Trademark Registration in Chennai as a series under sub-section (3) of section 15, copies of representation of each trademark of the series shall accompany the application in the manner set forth in rule 26. The Registrar, if satisfied that the trademarks constitute a series, shall proceed further with the applications.
At any time before the publication of the application in the Journal, the applicant applying under sub-rule (1) may request in Form TM-M, for the division of the application into separate application or applications, as the case may be, in respect of one or more trademarks in that series and the Registrar shall, if he is satisfied that the division requested conforms with sub-section (3) of section 15, divide the application or applications accordingly on payment of divisional fees.
Transliteration and translation :-
Where a trademark Registration in Chennai contains one or more words or numbers in scripts other than Hindi or English, the applicant shall provide in the application, a precise transliteration and translation of each such word and number in English or in Hindi and state the language to which the word(s) or number(s)
Names and description of living people or people as of late dead. Where the name or portrayal of any individual shows up on a trademark Registration, the candidate will, if the Registrar so requires, outfit him with the assent recorded as a hard copy of such individual in the event that he is living or, on the off chance that his demise occurred inside twenty years before the date of the application for enlistment of the trademark, of his lawful agent, by and large, to the utilization of the name or portrayal and in default of such assent the Trademark Registrar may decline to continue with the application for enrollment of the trademark.
Name or description of merchandise or administrations on a trademark. — (1) Where the name or depiction of any merchandise or administrations shows up on a trademark, the Trademark Registrar may decline to enroll such trademark in regard of any products or administrations other than the products or administrations so named or portrayed.
Where the name or description of any goods or services appear on a Trademark Registration, which name or description in use varies, the Registrar may permit the registration of the trademark Registration for those and other goods or services on the applicant giving an undertaking that the name or description will be varied when the Trademark Registration is used upon goods or services covered by the specification other than the named or described goods or services. The undertaking so given shall be included in the advertisement of the application in the Journal under section 20. Subject to sub-rule (2) of rule 10, where an application for registration of a trademark Registration in Chennai does not satisfy the requirement of any of the provisions of the Act or rules, the Registrar shall send notice thereof to the applicant to remedy the deficiencies and if within one month of the date of the notice, the applicant fails to remedy any deficiency so notified to him, the application shall be treated as abandoned.
Certificate of registration :-
The certificate of registration to be issued by the Registrar under sub-section 2 of section 23 shall be on Form RG-2 and shall include the trademark Registration . It shall bear the seal of the Trade Marks Registry.
The certificate of registration referred to in sub-rule (1) shall not be used in legal proceedings or for obtaining registration abroad. The certificate issued under section 137 shall be used for these purposes.
The Registrar may issue duplicate or further copies of the certificate of registration on request by the registered proprietor in Form TM-M accompanied by the prescribed fee: Provided that, no such duplicate or copy of certification of registration shall be issued where such request is received after the expiry of time limit for renewal of registration and restoration of Trademark Registration.
