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Trademark Search in Salem

Friday, 21-May-2021

Filing of Trade Mark Application

Company

A company may make an application for registration of a trade mark in its own corporate name. In the case of a company incorporated outside India , the country of incorporation and the nature of registration, if any, is to be mentioned.

Firm

A partnership firm shall make the application in the names of all partners trading as XYZ. When including the name of a minor in the partnership, the name of guardian representing the minors should also be mentioned. If there is omission of the name of any partner in TM-1, omission can be corrected when supported by necessary documents . Such corrections will not constitute change in the proprietorship of the mark. (Vivekananda Match company Vs. Jupiter Match Works ( 1991 PTC 61). However ,any new addition or deletion of name of a partner subsequent to the date of application will mean change in the partnership.

Trust

Application may be made in the name of the trust, represented by its managing trustee/chairman etc trading as XYZ.

Government

A Department of Government , Central or State/or a Government owned or controlled company may also make application for registration of trade mark like any other person.

Joint Applicant

Section 24 enables registration of two or more persons to be registered as joint proprietors of the trade mark, where the mark is used or proposed to be used in relation to goods or services x connected with the joint applicants.

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