The Trade Marks Act is the legislation presently applicable in India which governs the realm of trademarks in India. All marks such as word, numerical, device, label, or colour combination that is depicted graphically to portray any services or goods which can be registered as the trademark in India.
To know the jurisdiction of Trademark Registration an appropriate office of the Trade Marks Registry is chosen for the purpose of filing a document is the office within a territorial jurisdiction of which a principal place of business of an applicant in India is situated.
Five Main Trademark Registry Offices
The main Trademark Registry offices situated in the following places, which are as follows:-
Jurisdiction of Trademark Registration in India
- In case there is no entry in a register with regard to a principle place[1] of business in India of a proprietor, the place given in the address for service in India as entered in a register is considered as the principle place.
- If proprietors are registered jointly, then a principle place of such a business in India will be situated at place of a business owner whose name is entered first in the register. But if neither joint proprietor has their principle place of business in India, then an address for service in India of those joint proprietors as entered in the register must act as the principle place of business in India.
- If a registered proprietor or neither joint proprietors of trademark have no principle place of business in India doesn’t contain any address for service in India entered in the register, then the place of an office of the Trademarks Registry where an application for registration of the trademark was made must be deemed to be the principle place of business.
Read our article:What is Trade Description in Trademark Registration in India
Where a trademark application gets registered?
The trademark application will suffice the place of jurisdiction from where the sole operation of the service, as well as the address of the business lies. Moreover, in case of applicants have made an application jointly, the principle place shall be deemed as the sole address of the place for filling the trademark application. But in a case where neither an applicant nor any joint applicant has mentioned the principle place of business, then in those cases the place will get considered, the one from the same application have been filed / sent to the registry.
An application of Trademark Registration shall be made addressing the Appropriate Office. The jurisdiction of trademark registration for filing a trademark application is called the ‘Appropriate Office’, that is ideally known to be Trademark Registry.
Can we change the principle place of business or address for service?
The principle place of business cannot be changed in India or in the address for service in India:
- Any of the registered proprietor or jointly registered proprietors related to any trademark entered in the trademark register on a notified date will be in effect permanently since then.
- Any of the application or joint applications for trademark registration is either pending or is made on the place of business cannot be changed after filing of an application.
Entry of an appropriate office in the Register
When every trademark gets registered, then a Registrar must ensure that an appropriate office has to be entered in the register. The Registrar can also correct the errors made at the time of entries.
Offices of the Trade Marks Registry
There are 5 offices of the Trade Marks Registry with each having jurisdiction over certain states:
|
S.No |
Office of Trademark Registry
|
Jurisdiction |
|
1 |
Mumbai |
Maharashtra, Chhattisgarh, Madhya Pradesh and Goa
|
|
2 |
New Delhi |
Jammu & Kashmir, Haryana, Punjab, Uttar Pradesh, Uttarakhand, Himachal Pradesh, Delhi and Chandigarh |
|
3 |
Ahmedabad |
Rajasthan, Gujarat and Union Territories of Daman, Diu, Dadra and Nagar Haveli |
|
4 |
Kolkata |
Arunachal Pradesh, Bihar, Assam, Orissa, West Bengal, Mizoram, Manipur, Meghalaya, Tripura, Sikkim, Jharkhand and Union Territories of Nagaland, Andaman & Nicobar Islands |
|
5 |
Chennai |
Andhra Pradesh, Kerala, Telangana, Tamil Nadu, Karnataka and Union Territories of Pondicherry and Lakshadweep Island |
Conclusion
Any company or individual, even the NGO, must apply for trademark registration in India, while following a procedure for Trademark Registration Procedure & Process in India. Also, foreign nationals or foreign entities must apply for trademark registrations in India. The Corpbiz has experienced professionals who will guide you till you get your registered Trademark in your hand. Allow us to serve you with the best experience.
Read our article:Understand briefly about Timeline for Trademark Registration Process in India
