Trademark Application

All that you must understand about trademark application:

The first step to registration is filing the trademark applications. To register the mark, the applicant has to fill the trademark application and file it before the registrar. Trademark applications can be made for single class or multi-class. It can be in the Home Country or even in the convention country. Understanding the type of application to be filed is necessary to make sure that the desired trademark application is filed.

Statutory provisions

Section 18 of the Trademark Act, 1999 provides guidelines for trademark application stating that for registration of trademark, an application is to be made before the registrar of trademarks mentioned the class and description of the goods for which the registration is to be sought.

Types of Application

1. Ordinary Trademark Application: It refers to the trademark application filed for a single class of goods or services based on the Nice Classification. An ordinary application for trademark registration can be made in Form TM-A along with the prescribed fees. 2. Multiclass Trademark Application: A Multi-class trademark application is filed when the brand to be registered is connected with more than one class of goods or services. A Multi-class trademark application for trademark registration can be made in Form TM-A along with the prescribed fees. Form TM-A provides for the filing of a single application for different classes.

Key points to remember for Multi-class Trademark applications

  • The multi-class application will be considered as a single application and will be processed jointly.
  • Time-saving and less documentation in a multi-class application
  • There will be no change in fees. If the applicant files a multi-class application for two classes, he will have to pay twice the fees paid for a single application. No concessions as such are present for multi-class registration.
  • Delay in one class application registration may halt the entire registration process.
  • Trademarks should be applied to each class in which registration is applied.

Priority/Convention Trademark Application

A Convention Trademark Application relates to filing a trademark application for registration of the mark by claiming priority of registration from the convention countries. Indian being a signatory of the Paris Convention allows the filing of the application on priority application from all the convention countries. Section 154 of the Trademark Act, 1999 embodies special provisions relating to the application for registration of trademark from citizens or applicants of the convention countries.

What does it State?

When the applicant first applies for the trademark in the convention country and then makes an application for the registration of the trademark in India within 6 months from the date of convention application, then when the mark is registered after the due process, the shall be registered as of the date on which the application was made in the convention country. Form: A Convention Trademark Application can be made for single-class or multi-class in the Form TM-A.

How to file trademark application

  1. Manual filing
  2. E-filing

Contents of a trademark application

  1. Details Of The Applicant
  2. Details Of The Mark
  3. Class Of The Goods Or Services
  4. Description Of The Mark
  5. Details Of The Attorney
  6. User Claim If Any
  7. Date Of Filing Of The Application
  8. Correspondence Of The Applicant
Apart from the above-mentioned categories of the trademark application, the Trademark Act,1999 also accords protection and provides registration of series or fluid marks, collective marks, and Combination Marks.

Requirements to Register a Trademark Online

In order to register your trademark with us, please click the link. You can also get in touch with us and our trademark expert will guide you through the process.
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