trademark filing process

Question 1

TM offices

Answer 1

Head Office at Mumbai, branches at Ahmedabad, Chennai, Delhi and Kolkata

Question 2

place of filing

Answer 2

territorial jurisdiction of principal place of business

Question 3

Requirements in all docs

Answer 3

TM Number
Name and address of prop (if someone else filing, also incl. their details)
Details and grounds of action
Any other relevant info
Class(es)
Agent code
Signature
Date and place of filing

Question 4

For online filing

Answer 4

Digital signature

Question 5

where are fees listed

Answer 5

1st Schedule of TM Rules

Question 6

Rejection of docs

Answer 6

if sufficient fee not paid/unsigned/does not have the correct numbers

Question 7

Who can file TM

Answer 7

natural person, body incorporate, partnership firm, HUF, assoc. of persons (for collective trademarks), trust, society, govt. auth

Question 8

TMA Requirements

Answer 8

Prop. Name
Email
Principle place of business
Address for service
Type of mark
If C.App – single priority date
+2 additional rep. of mark
Desc. Of trade mark
Class
Goods and services
Any translations
Designation and capacity of signatory

Question 9

size of mark

Answer 9

8cm x 8cm

Question 10

If claiming BROAD range of g&s

Answer 10

affidavit of declaration u/ Rule 25(15) showing intentions to use all in the range

Question 11

application

Answer 11

TMA

Question 12

opposition/rectification

Answer 12

TMO

Question 13

renewal

Answer 13

TMR

Question 14

transfer

Answer 14

TMP

Question 15

change/cancellation etc of registered user

Answer 15

TMU

Question 16

extension/amendment

Answer 16

TMM

Question 17

request for issue of certificate

Answer 17

TMC

Question 18

PoA

Answer 18

TM-48

Question 19

restoration

Answer 19

TM-13

Question 20

NOP should include

Answer 20

App no.
G&S
Applicant name
Status of own mark
Own app. No., date of filing, user detail
Representation of mark
G&S
Opp. Name and address
+ Verification

Question 21

time limit for reply to ER

Answer 21

30 days

Question 22

time limit for filing NOP

Answer 22

4 mos

Question 23

time limit for filing counterstatement for both opp and rect

Answer 23

2 mos of receipt of NOP

Question 24

time limit for filing evidence in support of opp

Answer 24

2 mos of receipt of CS

Question 25

time limit for filing app for review

Answer 25

1 month of decision

Question 26

time limit for app for renewal

Answer 26

before 6 months before expire

Question 27

extension of time

Answer 27

earlier TM-56, now TMM

Question 28

grounds for review of hearing decision

Answer 28

s145 of cpc

Question 29

notice of expiration

Answer 29

o3 notice sent between 1-3 months before expiration

Question 30

nop rule

Answer 30

rule 42

Question 31

counterstatement rule

Answer 31

rule 44

Question 32

evidence in support of opp rule

Answer 32

rule 45

Question 33

evidence in support of app rule

Answer 33

rule 46

Question 34

evidence in reply by opp rule

Answer 34

rule 47